Concepts of Environmental Justice and the Law

2005 ◽  
Vol 6 (4) ◽  
pp. 240-265
Author(s):  
Carol Hatton ◽  
Pamela Castle ◽  
Martyn Day

The Environmental Justice Project has sought to clarify the extent to which the UK's civil and criminal law systems achieve review procedures which are real and affordable and thus satisfy the requirements of the Aarhus Convention. This article describes the findings of the project together with its conclusions and recommendations.


2011 ◽  
Vol 11 (1) ◽  
Author(s):  
M Syamsudin

This study aims to reveal and then reconstruct the mindset of judges in deciding corruption cases based Progressive Law. Academic question posed is whether the condition of existing as the mindset of judges in deciding cases of corruption and how to build a new construction mindset of judges based on the principles of Progressive Law. This research is classified in the tradition of non-doctrinal legal research with sosiolegal approach. Data collected by interview, observation and document study and then analyzed following the interactive model of Mattew B. Miles and A. Michael Haberman. The results of study indicate the need for new construction mindset of judges based progressive law. This is based on the empirical reality that the judge handling the case of corruption by many experienced deterioration and failure to bring the law in a fair, useful and protect the interests of society. The mindset of the judge who figured positivistic needs to be reorganized under the new progressive mindset in deciding the various legal problems that emerged recently that the more complex and complicated, especially in deciding the case of corruption. Judges at all levels of education and environmental justice needs to be improved for the judge able to resolve various legal issues properly, fairly and wisely.


Legal Studies ◽  
2011 ◽  
Vol 31 (2) ◽  
pp. 279-304 ◽  
Author(s):  
Ole W Pedersen

This paper examines the concept of environmental justice with particular reference to its development in the UK. The paper analyses the empirical evidence behind environmental justice and argues that, while the body of evidence is compelling, it simultaneously highlights a number of limitations. Moreover, the paper offers an analysis of the multiple responses taken at official and non-governmental organisation levels to environmental justice. The paper argues that often these responses are vague and diverse, and run the risk of rendering environmental justice, as a concept, ineffective. Finally, the paper discusses what role the law may be able to play in shaping environmental justice debates in the UK.


Author(s):  
Stuart Kirsch

The introduction examines the varieties of engaged research practices in anthropology. It defines engagement in terms of interventions into politics, especially in relation to concerns about social and environmental justice. It also describes the resulting innovations. In addition, it emphasizes the importance of reflexivity for analyzing engaged research practices. Many of the examples in the book address property disputes and their resolution through the law.


Author(s):  
Cinnamon P. Carlarne

This article explores the important but poorly understood relationship between environmental law and legal feminism. The modern legal movements to curb environmental degradation and gender-based discrimination are still young. For environmentalism, the focus is on constraining unbridled ecosystem destruction. For feminism, the focus is on discovering and unraveling the systems that subordinate women. Little has been done, however, to cultivate or respond to these movements’ linkages. The onset of climate change and the maturing of climate law, however, are bringing renewed attention to this underexplored relationship. The article explores how the evolution of ecofeminism, the environmental justice movement, and the climate justice movement are advancing thinking at the intersection of environmental law and feminism and the law. In particular, it suggests that as both fields increasingly seek to situate ongoing challenges within larger structures of power and inequality, they draw closer together, creating opportunities for intellectual exchange and coalition building.


2019 ◽  
Vol 26 (2) ◽  
pp. 155 ◽  
Author(s):  
Rachman Maulana Kafrawi

This research aims to identify whether the environmental destruction could be considered as terrorism and to identify why the person who damaged the environmental should be considered as a terrorist. The conclusion of this research indicates a concept which views that the person who did enviromental destruction as terrorism. This concept is textual elaboration which is contained in section 10 Law No. 15, 2003 about the eradication of the terrorism. The crime for environmental destructions which are catagorized as terrorism are as follows: The impacts of the environmental destruction and pollution exceed Baku Mutu Lingkungan Hidup (BMLH), the poisonous chemicals release in the public areas (as happened during internal armed conflict in suriah on March 2011), there are bulk of victims, and it harms and damages the strategical vital objects. Based on those criterion, the environmental destruction is considered as equal as terrorism, because they are catagorized as a crime againts humanity. The environmental destruction happens because of low obedience and awareness of people to protect and to save the environment and it could be indicator that the law enforcement for environmental protection and management has not gone well yet. Based on this concept, it is expected that the responsibility and commitment of Indonesia could be achieved in order to ensure the protection and fulfillment of the environment and human rights and to reach the aims of environmental justice.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


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