Historical Analysis in Environmental Law

2018 ◽  
pp. 1000-1016
Author(s):  
David B. Schorr
Keyword(s):  
Environmental Impacts ◽  
Environmental Regulation ◽  
Environmental Law ◽  
Historical Analysis ◽  
Public Law ◽  
Future Research ◽  
General View ◽  
Environmental Legislation ◽  
History Of

The general view of environmental law’s history is that prior to explosion of environmental legislation in the 1970s, environmental regulation as we think of it today—a branch of public law in which the regulator sets standards for activities with environmental impacts—was insignificant. Environmental law lacks a historical anchor, a back story, which is unfortunate for the historical ignorance it perpetuates. Environmental law also lacks history as a mode of argument or analysis. For these reasons, environmental law needs both heightened historical analysis and a sense of its own historical roots. This chapter sketches current, possible, and desirable directions for future research into the history of environmental law. It also offers some thoughts on why the exploration of environmental law matters.

scholarly journals ASPECTOS HISTÓRICOS DA LEGISLAÇÃO AMBIENTAL NO BRASIL: DA OCUPAÇÃO E EXPLORAÇÃO TERRITORIAL AO DESAFIO DA SUSTENTABILIDADE * HISTORICAL ASPECTS OF ENVIRONMENTAL LEGISLATION IN BRAZIL: OCCUPATION AND TERRITORIAL EXPLORATION TO THE CHALLENGE OF SUSTAINABILI

2015 ◽  
Vol 4 (3) ◽  
pp. 156
Author(s):  
Rafael Costa Freiria
Keyword(s):  
Environmental Law ◽  
Historical Analysis ◽  
Legislative Process ◽  
Construction Process ◽  
Environmental Legislation ◽  
Institutional Goals ◽  
Starting Point ◽  
State And Society ◽  
History Of ◽  
Relationship Of

<p><strong>Resumo:</strong> O artigo tem como objetivo apresentar a análise histórica das principais legislações federais brasileiras que regulamentaram e regulamentam a relação do homem com o território e o meio ambiente que o integra. Entende-se que referida investigação possibilita aprimorar o conhecimento do processo de construção do Direito e das Políticas Ambientais no Brasil. A partir da concepção histórica desse processo de desenvolvimento da legislação ambiental brasileira, como um produto provisório e que se encontra em permanente transformação, conforme os objetivos do Estado e da sociedade em cada período, abre-se a possibilidade para diagnósticos das origens normativas, espaciais, sociais, econômicas e ambientais que permeiam o processo legislativo, bem como propor alternativas para maior efetividade dos objetivos jurídico-institucionais dos comandos normativos analisados. Sendo, portanto, a leitura histórica da formação da legislação ambiental brasileira utilizada como ponto de partida para se pensar e propor alternativas no sentido de aprimorar a relação presente e futura do homem com o território.</p><p><strong>Palavras chave:</strong> Direito ambiental; História da Legislação Ambiental; Política ambiental.</p><p><strong>Abstract:</strong> The article aims to present a historical analysis of the main Brazilian federal laws that regulated and regulate man's relationship with the territory and the environment that it integrates. It is understood that such research enables to improve the knowledge of the construction process of the Law and Environmental Policies in Brazil. From the conception of this historical development of the Brazilian environmental legislation process as an interim product that is constantly changing, according to the aims State and society in each period, it opens the possibility for diagnosis of normative sources, spatial social, economic and environmental factors that permeate the legislative process, as well as to propose alternatives for greater effectiveness of legal and institutional goals of normative commands analyzed. And therefore, the historical reading of the formation of the Brazilian environmental legislation used as a starting point for thinking and proposing alternatives in order to improve the present and future relationship of man with the territory.</p><p><strong>Keywords:</strong> Environmental Law; History of Environmental Legislation; Environmental Policy.</p>

“As Nature Has Formed Them”: The History and Current Status of Racial Difference Research

2012 ◽  
Vol 114 (5) ◽  
pp. 1-49
Author(s):  
Russell Skiba
Keyword(s):  
Civil Rights ◽  
Racial Differences ◽  
Racial Difference ◽  
18Th Century ◽  
Research Question ◽  
Historical Analysis ◽  
Current Status ◽  
Future Research ◽  
The Core ◽  
History Of

Background/Context Research in the latter half of the 20th century purporting to show significant racial differences in intelligence and social behavior appears to pit civil rights concerns against the freedom of scientific inquiry. The core hypotheses and presumptions of recent research on racial difference are not new, however, but spring from a two-century-old program of research that has sought to demonstrate racial differences in socially valued traits. Purpose/Objective/Research Question/Focus of Study The purpose of this review was to explore the history of racial difference research in order to (1) elucidate the central themes of that research and (2) explore the reasons for the persistence of those themes into modern racial difference research. Research Design The investigation is a historical analysis of research on racial differences from the late 18th century to the present. Conclusions/Recommendations Both the methodologies and the willingness to express the core hypotheses of a fixed differential between races on socially important characteristics have changed over time, yet adherence to a set of core research questions has remained relatively unchanged across generations of researchers. Although the consistent conflation of its political and scientific aims has, to some extent, compromised the scientific status of racial difference research, consistent links to social and economic policy have also ensured its intergenerational reproduction. Convergent shifts across a number of disciplines suggest that a Kuhnian-type paradigm shift may be under way that will redefine both the strategies and the types of questions that may characterize future research in the areas of race, ethnicity, and culture.

The Economic Cost of Environmental Legislation: Looking at the German Standard Cost Model Measurement and the EU Action Programme for the Reduction of Administrative Burdens from an Environmental Law Perspective

elni Review ◽  
2008 ◽  
pp. 25-38
Author(s):  
Jochen Gebauer
Keyword(s):  
Environmental Regulation ◽  
Cost Model ◽  
Environmental Law ◽  
Economic Cost ◽  
Measurement Process ◽  
Environmental Legislation ◽  
Administrative Costs ◽  
Standard Cost ◽  
Better Regulation ◽  
Action Programme

Is environmental regulation more likely to result in additional “transaction costs” than other policy areas? Are the costs of environmental legislation perceived differently? Why are businesses apparently less prepared to accept administrative costs in the field of environmental legislation, whereas they readily accept relatively high administrative costs in other areas? This article provides a brief description of the idea and the basic principles of the Standard Cost Model, of the German SCM Measurement Process including the results from Germany and of the ongoing EU SCM Measurement Process. It also looks at the specific role of environmental legislation in the political context of Better Regulation and the possible impact that the recent political focus on SCM and administrative cost (as a part of regulatory cost) may have on new and existing environmental regulation and on the implementation of environmental policies.

scholarly journals Environmental fragmentation in the State Park Morro do Diabo in Teorodo Sampaio, SP, Brazil

2018 ◽  
Vol 9 (3) ◽  
pp. 125-159
Author(s):  
Marta Aparecida De Moura ◽  
Alba Regina Azevedo Arana
Keyword(s):  
Environmental Impact ◽  
Environmental Impacts ◽  
Hydroelectric Plant ◽  
Historical Analysis ◽  
Quantitative Approach ◽  
Environmental Damage ◽  
The Public ◽  
Ecological Balance ◽  
Anthropogenic Action ◽  
History Of

Anthropogenic action can cause pollution, depredation and deforestation, leading to interference with biodiversity, ecological balance, and environmental impact and damage. We chose to study the Morro do Diabo State Park (MDSP) in Teodoro Sampaio-SP. This article aims to make an historical analysis of the public policies that determined the formation of the territory in the municipality and the environmental impacts caused since the legalization of the MDSP from 1941 to 2006. We used a qualitative-quantitative approach, for the construction of the linear history of environmental impacts in the Park. We verified that there was a gradual territorial loss of 9.31% corresponding to 3,311.35 hectares during the 65-year-period analyzed and that the main environmental damage was the implantation and construction of the Hydroelectric Plant of Rosana, which caused the deforestation of about 5.53% of the total area.

scholarly journals Mikhail Aleksandrovich Lobanov: serving the science

2018 ◽  
Vol 10 (3) ◽  
pp. 106-119
Author(s):  
Nikolai I. Boiarkin
Keyword(s):  
Art History ◽  
Academic Research ◽  
Historical Analysis ◽  
Modern Science ◽  
Subsequent Development ◽  
Traditional Music ◽  
Future Research ◽  
Conceptual Basis ◽  
75Th Anniversary ◽  
History Of

October 16, 2018 is the 75th anniversary of the birth of an outstanding ethnomusicologist and folklorist, Doctor of Art History, professor M. A. Lobanov. His life and work are the examples of selfless devotion and service to science. The name of the scholar is inseparable from the processes of the development of musicology and folklore of the last decades. Lobanov contributed to the formation of new areas of research in ethnomuscology and exact academic research base, laid the conceptual basis for the study of genre and types of folklore style discovered by him, created an academic and pedagogical school in the field of studying archaic forms of traditional music and inter-ethnic interrelations. His numerous works, fundamental multi-volume works on bibliography, systematics of tunes, indexes have enriched modern science, laid solid foundations for future research in the field of theory and history of ethno-musicology. The materials of the study were the works of the scholar, personal impressions obtained during many years of communication with him, as well as the articles published in encyclopedias, journals and newsletters. The work uses the principles of historical analysis and generalization. The article gives a brief description of the activities of the scholar; analyses his fundamental works in the field of musical Slavic and Finno-Ugric Studies, and inter-ethnic folklore connections. It defines the significance of Lobanov’s works for the subsequent development of national and international ethnomuscology.

Vyshnivetsky Castle Library of Prince Mychailo Servaty Vyshnivetsky – Historical Book Heritage and Object of Bibliological and Historical Reconstruction

2014 ◽  
Vol 3 ◽  
pp. 166-182
Author(s):  
Iryna Tsiborovska-Rymarovych
Keyword(s):  
18Th Century ◽  
Historical Analysis ◽  
Cultural Significance ◽  
Historical Sources ◽  
Cultural Images ◽  
The Enlightenment ◽  
Printed Books ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Definition Of

The article has as its object the elucidation of the history of the Vyshnivetsky Castle Library, definition of the content of its fund, its historical and cultural significance, correlation of the founder of the Library Mychailo Servaty Vyshnivetsky with the Book.The Vyshnivetsky Castle Library was formed in the Ukrainian historical region of Volyn’, in the Vyshnivets town – “family nest” of the old Ukrainian noble family of the Vyshnivetskies under the “Korybut” coat of arm. The founder of the Library was Prince Mychailo Servaty Vyshnivetsky (1680–1744) – Grand Hetman and Grand Chancellor of the Grand Duchy of Lithuania, Vilno Voievoda. He was a politician, an erudite and great bibliophile. In the 30th–40th of the 18th century the main Prince’s residence Vyshnivets became an important centre of magnate’s culture in Rich Pospolyta. M. S. Vyshnivetsky’s contemporaries from the noble class and clergy knew quite well about his library and really appreciated it. According to historical documents 5 periods are defined in the Library’s history. In the historical sources the first place is occupied by old-printed books of Library collection and 7 Library manuscript catalogues dating from 1745 up to the 1835 which give information about quantity and topical structures of Library collection.The Library is a historical and cultural symbol of the Enlightenment epoch. The Enlightenment and those particular concepts and cultural images pertaining to that epoch had their effect on the formation of Library’s fund. Its main features are as follow: comprehensive nature of the stock, predominance of French eighteenth century editions, presence of academic books and editions on orientalistics as well as works of the ideologues of the Enlightenment and new kinds of literature, which generated as a result of this movement – encyclopaedias, encyclopaedian dictionaries, almanacs, etc. Besides the universal nature of its stock books on history, social and political thought, fiction were dominating.The reconstruction of the history of Vyshnivetsky’s Library, the historical analysis of the provenances in its editions give us better understanding of the personality of its owners and in some cases their philanthropic activities, and a better ability to identify the role of this Library in the culture life of society in a certain epoch.

Bayesian Inference in Human Time Perception

2017 ◽  
Author(s):  
Darren Rhodes
Keyword(s):  
Time Perception ◽  
Likelihood Function ◽  
Human Perception ◽  
Future Research ◽  
Temporal Properties ◽  
History Of Research ◽  
Psychophysical Testing ◽  
History Of ◽  
Fundamental Dimension ◽  
Perception Of Time

Time is a fundamental dimension of human perception, cognition and action, as the perception and cognition of temporal information is essential for everyday activities and survival. Innumerable studies have investigated the perception of time over the last 100 years, but the neural and computational bases for the processing of time remains unknown. First, we present a brief history of research and the methods used in time perception and then discuss the psychophysical approach to time, extant models of time perception, and advancing inconsistencies between each account that this review aims to bridge the gap between. Recent work has advocated a Bayesian approach to time perception. This framework has been applied to both duration and perceived timing, where prior expectations about when a stimulus might occur in the future (prior distribution) are combined with current sensory evidence (likelihood function) in order to generate the perception of temporal properties (posterior distribution). In general, these models predict that the brain uses temporal expectations to bias perception in a way that stimuli are ‘regularized’ i.e. stimuli look more like what has been seen before. Evidence for this framework has been found using human psychophysical testing (experimental methods to quantify behaviour in the perceptual system). Finally, an outlook for how these models can advance future research in temporal perception is discussed.

Fragments of the American Dream: Immigration, Race, and Medical Care in the Segregated South, 1929

Public Voices ◽  
2016 ◽  
Vol 13 (2) ◽  
pp. 1
Author(s):  
John R Phillips
Keyword(s):  
United States ◽  
American Dream ◽  
Black Population ◽  
The United States ◽  
Single Woman ◽  
Future Research ◽  
Legal Doctrine ◽  
Quarter Century ◽  
History Of ◽  
Sunflower County

The cover photograph for this issue of Public Voices was taken sometime in the summer of 1929 (probably June) somewhere in Sunflower County, Mississippi. Very probably the photo was taken in Indianola but, perhaps, it was Ruleville. It is one of three such photos, one of which does have the annotation on the reverse “Ruleville Midwives Club 1929.” The young woman wearing a tie in this and in one of the other photos was Ann Reid Brown, R.N., then a single woman having only arrived in the United States from Scotland a few years before, in 1923. Full disclosure: This commentary on the photo combines professional research interests in public administration and public policy with personal interests—family interests—for that young nurse later married and became the author’s mother. From the scholarly perspective, such photographs have been seen as “instrumental in establishing midwives’ credentials and cultural identity at a key transitional moment in the history of the midwife and of public health” (Keith, Brennan, & Reynolds 2012). There is also deep irony if we see these photographs as being a fragment of the American dream, of a recent immigrant’s hope for and success at achieving that dream; but that fragment of the vision is understood quite differently when we see that she began a hopeful career working with a Black population forcibly segregated by law under the incongruously named “separate but equal” legal doctrine. That doctrine, derived from the United States Supreme Court’s 1896 decision, Plessy v. Ferguson, would remain the foundation for legally enforced segregation throughout the South for another quarter century. The options open to the young, white, immigrant nurse were almost entirely closed off for the population with which she then worked. The remaining parts of this overview are meant to provide the following: (1) some biographical information on the nurse; (2) a description, in so far as we know it, of why she was in Mississippi; and (3) some indication of areas for future research on this and related topics.

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

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