scholarly journals Energy Justice

2020 ◽  
pp. 15-30
Author(s):  
Aileen McHarg
Keyword(s):  
Decision Making ◽  
Energy Transition ◽  
Human Flourishing ◽  
Social Scientists ◽  
Judicial Decision Making ◽  
Guiding Principle ◽  
Regulatory Systems ◽  
Energy Justice ◽  
Energy Law ◽  
Economic Considerations

The explosion of interest in energy justice as a guiding principle for energy law and policy is a highly significant development with potentially radical implications. This ‘ethical turn’ is associated with increased attention to energy matters by social scientists, driven by disillusionment with neo-liberal energy policies and the challenges of the energy transition. Energy justice scholars seek a more holistic, human-centred approach to energy decision-making, which understands the fundamental importance of energy and energy systems to human flourishing, and the complexity of energy decision-making as a socially-embedded phenomenon involving more than merely technical and economic considerations. However, review of the literature reveals a range of different conceptual and theoretical understandings of energy justice in play, which are not always fully developed or mutually consistent. More attention is also required to questions of implementation, particularly what implications energy justice might have for legal and regulatory systems, as well as judicial decision-making.

scholarly journals An inter-disciplinary approach to the energy transition in South Africa

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Iain Todd ◽  
Darren McCauley
Keyword(s):  
South Africa ◽  
Rural Areas ◽  
Energy Transition ◽  
Transition Process ◽  
Social Scientists ◽  
Key Issues ◽  
Static Approach ◽  
Tackle Climate Change ◽  
Fossil Fuel Industry ◽  
Energy Justice

AbstractThe compelling need to tackle climate change is well-established. It is a challenge which is being faced by all nations. This requires an approach which is truly inter-disciplinary in nature, drawing on the expertise of politicians, social scientists, and technologists. We report how the pace of the energy transition can be influenced significantly by both the operation of societal barriers, and by policy actions aimed at reducing these effects. Using the case study of South Africa, a suite of interviews has been conducted with diverse energy interests, to develop and analyse four key issues pertinent to the energy transition there. We do so primarily through the lens of delivering energy justice to that society. In doing so, we emphasise the need to monitor, model, and modify the dynamic characteristic of the energy transition process and the delivery of energy justice; a static approach which ignores the fluid nature of transition will be insufficient. We conclude that the South African fossil fuel industry is still impeding the development of the country’s renewable resources, and the price of doing so is being met by those living in townships and in rural areas.

Energy Justice and Energy Law

2020 ◽  
Keyword(s):  
Energy Transition ◽  
Legal Rights ◽  
Energy Poverty ◽  
Energy Projects ◽  
Development Goals ◽  
Energy Justice ◽  
The Right ◽  
Procedural Rights ◽  
Energy Law ◽  
Specific Momentum

Energy justice has emerged as a matter of vital concern in energy law, with resonances in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. The book covers main themes related to justice. Distributive justice, the equitable distribution of the benefits and burdens of energy activities, is challenged mainly by the existence of people suffering from energy poverty. This concept is also associated with substantive energy equity through such measures as the realization of ‘energy’ rights. There is also a procedural (or participation) justice, consisting in the right of all communities to participate in decision-making regarding energy projects and policies that affect them (this dimension of energy justice often includes procedural rights to information and access to courts). Under the concept of reparation (or restorative) justice, the book includes even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the idea of recognition or social justice means that energy injustice cannot be separated from other social ills, such as poverty and subordination based on caste, race, gender, or indigeneity, the need to take into account people who are often ignored. These issues are given specific momentum by thinking through how we might achieve a ‘just’ energy transition as the world faces the climate change challenges.

Context Effects in Judicial Decision Making

2009 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Chris Guthrie ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Context Effects ◽  
Judicial Decision ◽  
Judicial Decision Making

scholarly journals Interpreting change through legal culture: the case of the Irish exclusionary rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Claire Hamilton
Keyword(s):  
Decision Making ◽  
Common Law ◽  
Legal Culture ◽  
Macro Level ◽  
Judicial Decision ◽  
Exclusionary Rule ◽  
Judicial Decision Making ◽  
The Common ◽  
Law Of Evidence

Abstract The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

scholarly journals Competing interests, clashing ideas and institutionalizing influence: insights into the political economy of malaria control from seven African countries

2020 ◽  
Author(s):  
Justin Parkhurst ◽  
Ludovica Ghilardi ◽  
Jayne Webster ◽  
Robert W Snow ◽  
Caroline A Lynch
Keyword(s):  
Decision Making ◽  
Malaria Control ◽  
Qualitative Interviews ◽  
Sub Saharan Africa ◽  
African Countries ◽  
Health Community ◽  
Control Programmes ◽  
Control Decision ◽  
Sub Saharan ◽  
Economic Considerations

Abstract This article explores how malaria control in sub-Saharan Africa is shaped in important ways by political and economic considerations within the contexts of aid-recipient nations and the global health community. Malaria control is often assumed to be a technically driven exercise: the remit of public health experts and epidemiologists who utilize available data to select the most effective package of activities given available resources. Yet research conducted with national and international stakeholders shows how the realities of malaria control decision-making are often more nuanced. Hegemonic ideas and interests of global actors, as well as the national and global institutional arrangements through which malaria control is funded and implemented, can all influence how national actors respond to malaria. Results from qualitative interviews in seven malaria-endemic countries indicate that malaria decision-making is constrained or directed by multiple competing objectives, including a need to balance overarching global goals with local realities, as well as a need for National Malaria Control Programmes to manage and coordinate a range of non-state stakeholders who may divide up regions and tasks within countries. Finally, beyond the influence that political and economic concerns have over programmatic decisions and action, our analysis further finds that malaria control efforts have institutionalized systems, structures and processes that may have implications for local capacity development.

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