Should Trees Have Standing? Law, Morality, and the Environment

ISBN-10: 0199736073

ISBN-13: 9780199736072

Edition: 3rd 2010

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Book details

List price: $28.95
Edition: 3rd
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 4/7/2010
Binding: Paperback
Pages: 272
Size: 9.10" wide x 6.10" long x 0.60" tall
Weight: 0.836
Language: English

Legal scholar and environmentalist Christopher Stone was born in New York City and educated at Harvard University and Yale University, where he received his law degree in 1962. A fellow in law and economics at the University of Chicago from 1962 to 1963, Stone then joined the law firm of Cravath, Swaine, and Moore. In 1965 he became associate professor of law at the University of Southern California and since 1969 has served as professor of law at the University of California at Los Angeles. Stone's interests and writings have helped focus public attention on environmental law and the ethics of corporate practices concerning the environment. Two of his works in particular, Should Trees Have Standing? (1974) and Where the Law Ends (1975), were both highly controversial and received widespread publicity because of the strong advocacy positions they espoused. Should Trees Have Standing? was written as a rebuttal to the Supreme Court's ruling against the attempt by the Sierra Club to block the building of a recreational complex in a wilderness area of the Sierra Nevadas. In this work, Stone asserts that nature and natural objects can be regarded as subjects of legal rights. This unique argument was an early milestone in the emerging field of environmental law. In Where the Law Ends, Stone insists that the law must hold corporations fully accountable when they act irresponsibly, whether by producing faulty products or polluting the environment. To enforce such accountability, he argues that the courts can intrude into the internal affairs of a business and require changes in corporate policies and practices. His novel argument for the "social control" of corporate behavior had widespread impact on both corporate management and the law.

Introduction
Should Trees Have Standing?: Toward Legal, Rights Fob Natural Objects
Introduction: The Unthinkable
Toward Rights for the Environment
The Legal-Operational Aspects
What It Means to Be a Holder of Legal Rights
The Rightlessness of Natural Objects at Common Law
Toward Having Standing in Its Own Right
Toward Recognition of Its Own Injuries
Toward Being a Beneficiary in Its Own Right
Toward Rights in Substance
Do We Really Have to Put It That Way?
The Psychic and Socio-Psychic Aspects
Does the Climate Have Standing?
The Climate as Client
The Law of Standing: An Overview
Duty Owing and Zone of Interests
Injury in Fact
Causation
Redressability
Standing to Force Disclosures
Standing's Many Fronts
Ordinary Standing for "Ordinary" Economic Injury
Rights-Based Claims
Executive Standing in International Affairs
Citizens' Standing to Force the Executive's Hand in Foreign Affairs
Citizens' Standing to Force the Executive's Hand in Domestic Affairs
Standing by a Designated Trustee
Citizens' Standing to Force the Trustee's Hand
Citizens' Standing without Statutory Basis (Public Trust Doctrine)
Standing of Noncitizens
Suits in the Name of Natural Objects
Existing Law
Could Standing for Nonhumans Be Expanded?
Would Expanded Standing in the Name of Nonhumans Make Any Difference?
Filing Suits on Behalf of Nature Is a Better Fit with the Real Grievances
Suits on Behalf of Nature Are Better Suited to Moral Development
Is Legal Representation on Behalf of Animals and Nature Really Feasible?
The Advantages of Special, Statutorily Provided Guardians and Trustees
The Guardian Approach May Be Superior to the Alternative Standing Strategies from the Perspective of Subsequent Preclusion Doctrines
Advance Warning: The "Canary in the Mine" Rationale
Protecting Third-Party Interests in Negotiations and Settlements
So, Where Do We Stand on Climate Change?
Why Has Progress Seemed So Slow?
What Role Could Climate-Related Litigation Play?
Agriculture and the Environment: Challenges for the New Millennium
Background
The Historical Impact of Agriculture
Aquaculture
The Challenges
Feeding Humanity
Making Farmland Sustainable
Reducing Agriculture's Environmentally Damaging Spillover Effects
Tempering Conscription of the Nonagricultural Landscape
The Promises and Threats of Technology
Some Proposed Responses
Sustaining Farmland
Off-Farm Damage
Reducing Pressure to Conscript the Nonagricultural Landscape
Responding to Technological Innovation
Conclusion
Can the Oceans be Harbored?
A Four-Step Plan for the Twenty-First Century
The Fishing Sector
The Fundamental Model: What Is Going Wrong?
Step 1: Eliminate or Reduce Harvest-Increasing Subsidies
Step 2: Improve and Extend Resource Management
Step 3: Charge for Use
Step 4: An Oceanic Trust, Fund
Nonfishing Extraction Sectors
Ocean Inputs
A Guardian for the Oceans
Conclusion
Should We Establish A Guardian for Future Generations?
Background: The Maltese Proposal
Are Future Persons Really Voiceless?
For Whom (or What) Should a Guardian Speak?
Are the Moral Arguments Disparaging the Rights of Future Generations Critical to the Guardianship Proposal?
Which "Future Generation" Is the Guardian's Principal?
Who Should Serve as Guardian?
Where Should a Guardian Be Situated?
What Official Functions Should the Guardian Serve?
What Should Be the Guardian's Objectives?
Resource-Regarding Standards
Utility-Regarding Standards
Efficient Level of Harm and Harm-Avoidance
Precaution Against Selected Calamities and Safeguarding Specific Assets
Avoiding "Irreversible Harm"
Conclusion
Reflections on "Sustainable Development"
The Underlying Geopolitical Strains
What Are Our Obligations to the Future?
Sustainable Development as a Welfare-Transfer Constraint
Sustainable Development as Preservationism
The Rights of the Living
How To Heal the Planet
Introduction
Invasion of Territories
Who Is Responsible?
A Voice for the Environment: Global Commons Guardians
A Case for Seals
Financing the Repair: The Global Commons Trust Fund
Implementing a Global Commons Trust Fund
The Oceans
The Atmosphere
Space
Biodiversity
Areas in Need of the Global Commons Trust Fund
Conclusion
Is Environmentalism Dead?
Introduction
What Movement, Exactly, Is Faltering, and What Should Our Expectations Be?
Indicators of Success and Failure
Indices of Public Knowledge: Environmental Literacy
Indicesof Attitudes and Preferences
Indices of Willingness to Contribute to Environmental Groups
Indices of Environmentally-Sensitized Individual Action
Indices of Influence on Lawmaking
Public Sector Funding
Litigation
Indices of Miscellaneous Actions
Actual (Direct) Indicators of Environmental Health
Self-Presentation
Alarmism
Image
Conclusion
Epilogue
Notes
Index
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