Should Trees Have Standing? : Law, Morality, and the Environment
Christopher D. Stone
Bok Engelsk 2010 · Electronic books.
| Utgitt | Oxford : : Oxford University Press, USA, , 2010.
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| Omfang | 1 online resource (265 p.)
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| Utgave | 3rd ed.
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| Opplysninger | Description based upon print version of record.. - Contents; Introduction; CHAPTER 1. SHOULD TREES HAVE STANDING?: TOWARD LEGAL RIGHTS FOR NATURAL OBJECTS; I. Introduction: The Unthinkable; II. Toward Rights for the Environment; III. The Legal-Operational Aspects; (1) What It Means to Be a Holder of Legal Rights; (2) The Rightlessness of Natural Objects at Common Law; (3) Toward Having Standing in Its Own Right; (4) Toward Recognition of Its Own Injuries; (5) Toward Being a Beneficiary in Its Own Right; (6) Toward Rights in Substance; (7) Do We Really Have to Put It That Way?; IV. The Psychic and Socio-Psychic Aspects. - (1) The Fishing Sector. - (1) The Historical Impact of Agriculture(2) Aquaculture; II. The Challenges; (1) Feeding Humanity; (2) Making Farmland Sustainable; (3) Reducing Agriculture's Environmentally Damaging Spillover Effects; (4) Tempering Conscription of the Nonagricultural Landscape; (5) The Promises and Threats of Technology; III. Some Proposed Responses; (1) Sustaining Farmland; (2) Off-Farm Damage; (3) Reducing Pressure to Conscript the Nonagricultural Landscape; (4) Responding to Technological Innovation; (5) Conclusion; CHAPTER 4. CAN THE OCEANS BE HARBORED?; I. A Four-Step Plan for the Twenty-First Century. - (7) Citizens' Standing to Force the Trustee's Hand(8) Citizens' Standing without Statutory Basis (Public Trust Doctrine); (9) Standing of Noncitizens; V. Suits in the Name of Natural Objects; (1) Existing Law; (2) Could Standing for Nonhumans Be Expanded?; (3) Would Expanded Standing in the Name of Nonhumans Make Any Difference?; (4) Filing Suits on Behalf of Nature Is a Better Fit with the Real Grievances; (5) Suits on Behalf of Nature Are Better Suited to Moral Development; (6) Is Legal Representation on Behalf of Animals and Nature Really Feasible?. - (7) The Advantages of Special, Statutorily Provided Guardians and Trustees(8) The Guardian Approach May Be Superior to the Alternative Standing Strategies from the Perspective of Subsequent Preclusion Doctrines; (9) Advance Warning: The "Canary in the Mine" Rationale; (10) Protecting Third-Party Interests in Negotiations and Settlements; VI. So, Where Do We Stand on Climate Change?; (1) Why Has Progress Seemed So Slow?; (2) What Role Could Climate-Related Litigation Play?; CHAPTER 3. AGRICULTURE AND THE ENVIRONMENT: CHALLENGES FOR THE NEW MILLENNIUM; I. Background. - CHAPTER 2. DOES THE CLIMATE HAVE STANDING?I. The Climate as Client; II. The Law of Standing: An Overview; (1) Duty Owing and Zone of Interests; (2) Injury in Fact; (3) Causation; (4) Redressability; III. Standing to Force Disclosures; IV. Standing's Many Fronts; (1) Ordinary Standing for "Ordinary" Economic Injury; (2) Rights-Based Claims; (3) Executive Standing in International Affairs; (4) Citizens' Standing to Force the Executive's Hand in Foreign Affairs; (5) Citizens' Standing to Force the Executive's Hand in Domestic Affairs; (6) Standing by a Designated Trustee. - Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the ne
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| ISBN | 9780199736072
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