General Law and Psychology in Environmental Law

2021 ◽  
pp. 117-148
Author(s):  
Arden Rowell ◽  
Kenworthey Bilz
Keyword(s):  
Social Influence ◽  
Environmental Law ◽  
Psychological Research ◽  
Motivated Cognition ◽  
General Law ◽  
Law And Psychology ◽  
The Law

This chapter addresses what general law and psychology have to say that may be helpful to environmental law, as they are in other areas of law. It addresses what law and psychology can tell us about getting people to change their attitudes and their behaviors—when attempts to change might work, when they might fail, and why. The chapter addresses persuasion, motivation (with an emphasis on motivated cognition), cognition, and social influence. In each category, the chapter first describes the broad strokes of the psychological research, before giving examples of how it might be used to understand the law generally, and environmental law more particularly.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

Conclusion

2021 ◽  
pp. 261-270
Author(s):  
Arden Rowell ◽  
Kenworthey Bilz
Keyword(s):  
Environmental Law ◽  
Building Blocks ◽  
Psychological Research ◽  
Environmental Harm ◽  
Environmental Laws ◽  
Policy Makers ◽  
Psychological Analysis ◽  
Law And Psychology ◽  
The Relationship

Throughout this book, we have sought to identify what we see as the basic building blocks for environmental law and psychology, and for applying a psychological analysis to specific environmental laws. To that end, we have identified key ways we believe that psychological research can help in understanding and predicting why, when, and how people think about and respond to environmental harm. We have also argued that a psychological approach to environmental law and policy, which takes account of this research, can help the law more effectively shape human behavior to desired ends—whatever those ends might be. This conclusion flags a set of questions, projects, and data needs that could help policy makers and attorneys to even better understand and predict the impacts of environmental law as well as develop more effective (and in some cases cheaper) environmental laws and regulations. This includes the possibility of using law to debias; the relationship between politics and the psychology of environmental law; how environmental law might be updated in light of psychological analysis; and the role of the ongoing COVID-19 pandemic within environmental law and psychology.

The Expanding, Lop-Sided Universe of Social Influence and Law Research

2016 ◽  
Author(s):  
Linda Demaine ◽  
Robert Cialdini
Keyword(s):  
Social Influence ◽  
Legal System ◽  
Psychological Research ◽  
Legal Regulation ◽  
Uneven Distribution ◽  
Everyday Lives ◽  
The Social ◽  
System 2 ◽  
The Law ◽  
The Many

This chapter explores “social influence and the law,” which we conceptualize as consisting of three parts: (1) social influence in the legal system, (2) the legal regulation of social influence in our everyday lives, and (3) law as an instrument of social influence. Within each part, we identify the primary topics that psychologists have studied empirically and review the existing research. The chapter thus highlights the many and varied contributions of psychologists related to social influence and the law. The chapter also reveals a marked imbalance in the social influence and law literature—the vast majority of psychological research falls within the first part, despite the fact that the second and third parts capture equally or more important topics from both legal and psychological viewpoints. We end the chapter by explaining this uneven distribution of effort and urging psychologists to take a broader approach to social influence and the law.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (2) ◽  
pp. 253-286
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

Zusammenfassung Der Bericht informiert in zwei Teilen über den Entwicklungsstand des Rechts der vorhabenbezogenen Fachplanung und betrifft damit namentlich die Planung und Zulassung raumbeanspruchender Infrastrukturvorhaben wie Verkehrswege und Energieleitungen. Hierfür sieht das deutsche Verwaltungsrecht das spezifische Instrument der Planfeststellung vor. Das Bundesverwaltungsgericht verfügt in diesem Zusammenhang über eine weitreichende erstinstanzliche Zuständigkeit und prägt mittels dieser weite Teile des deutschen Zulassungsrechts, auch über den eigentlichen Bereich des Planfeststellungsrechts hinaus, sei es bezüglich des Rechtsschutzes und des Verfahrens, insbesondere der Umweltverträglichkeitsprüfung, sei es bezüglich der Anforderungen des materiellen Umweltrechts. Die durch Entscheidungen des Aarhus Compliance Committee und des Europäischen Gerichtshofs induzierte Überarbeitung des Rechts des Umweltrechtsschutzes hat der deutsche Gesetzgeber andererseits zum Anlass genommen, verfahrensrechtliche Spezifika der Planfeststellung auf andere umweltrelevante Zulassungsentscheidungen zu erstrecken. Hierdurch deuten sich erstens Konturen eines allgemeinen Vorhabenzulassungsrechts an und wird zweitens die Eigenart der Planfeststellung als Instrument zur Durchsetzung von Vorhaben im öffentlichen Interesse stärker akzentuiert. Abstract The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

The Law and Psychology of the Child Witness

1996 ◽  
Vol 41 (7) ◽  
pp. 701-702
Author(s):  
Thomas D. Lyon
Keyword(s):  
Child Witness ◽  
Law And Psychology ◽  
The Law

Indonesian Law

2018 ◽  
Author(s):  
Tim Lindsey ◽  
Simon Butt
Keyword(s):  
Environmental Law ◽  
Customary Law ◽  
State Agencies ◽  
Court Decisions ◽  
Banking Competition ◽  
Inheritance System ◽  
Wide Range ◽  
Forest Law ◽  
Comprehensive Survey ◽  
The Law

This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in practice, with an analytical critique. The book begins with an account of Indonesia’s Constitution and the key state agencies, before moving to the lawmaking process, decentralization, the judicial system and court procedure, and the legal profession (advocates, notaries, and legal aid). Part II covers traditional customary law (adat), land law, and environmental law, including forest law. Part III focuses on criminal law and procedure, including investigation, arrest, trial, sentencing, and appeals. It also covers human rights law and the law on corruption. Part IV deals with civil law, and covers civil liability, contracts, companies and other business vehicles, labour, foreign investment, taxation, insolvency, banking, competition, and media law. The book concludes in Part V with an account of Indonesia’s complex family law and inheritance system for both Muslims and non-Muslims. The book has an extensive glossary of legal terms, and detailed tables of legislation and court decisions, designed as unique resources for lawyers, policymakers, and researchers.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

Three new species of Collembola (Arthropoda: Hexapoda) from Central Brazilian shallow caves: side effects of long term application of environmental law on conservation

Zootaxa ◽  
2018 ◽  
Vol 4500 (1) ◽  
pp. 59 ◽  
Author(s):  
DOUGLAS ZEPPELINI ◽  
RONIERE A. BRITO ◽  
ESTEVAM C. A. LIMA
Keyword(s):  
New Species ◽  
Side Effects ◽  
Environmental Law ◽  
High Impact ◽  
Southeastern Brazil ◽  
Long Term Effects ◽  
The Law ◽  
Three New Species

Three new species of Collembola are described from small shallow caves in Southeastern Brazil: Arrhopalites glabrofasciatus sp. nov., Pseudosinella ambigua sp. nov. and Pseudosinella guanhaensis sp. nov. The species were found in surveys performed as part of the process to accomplish the permits for high impact enterprising. The change in the legislation is discussed and a suggestion is made to improve the process. The long term effects of the law resulted in the discovery of many new species and genera, most of them being (or to be) described. 

scholarly journals REPONSABILIDADE SOLIDÁRIA: um importante instrumento para as políticas públicas ambientais

2014 ◽  
Vol 17 (2) ◽  
pp. 455
Author(s):  
Robson Ivan Stival ◽  
Belmiro Valverde Jobim Castor ◽  
Valdir Fernandes Fernandes
Keyword(s):  
Data Analysis ◽  
Environmental Law ◽  
Public Policies ◽  
Environmental Policies ◽  
Environmental Issue ◽  
Joint Liability ◽  
Interdisciplinary Field ◽  
Bibliographic Data ◽  
Deductive Method ◽  
The Law

Este artigo situa-se no campo interdisciplinar e trata do instituto jurídico da responsabilidade solidária a partir das perspectivas do Direito Ambiental e das Políticas Públicas. Tem por objetivo destacar a importância da solidariedade, pelo viés jurídico, para as Políticas Públicas ambientais.A pesquisa é teórica, descritiva e exploratória, com análise de dados bibliográficos pelo método dedutivo. São estabelecidas relações entre as Políticas Públicas, os novos paradigmas apartir da questão ambiental e a responsabilidade solidária.Palavras-chave: Direito Ambiental; Políticas Públicas; Responsabilidade solidária.JOINT LIABILITY: an important tool for environmental public policiesAbstract: This article lies in interdisciplinary field and deals with the law institute of the liability from the perspectives of environmental law and public policies. Aims to highlight the importance of solidarity, by legal bias, for public environmental policies. The research is exploratory and descriptive, theoretical, with bibliographic data analysis by the deductive method. Relationships are established between public policies, new paradigms from the environmental issue and the joint and several liability.Keywords: Environmental Law, Public policies, Joint liability.

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