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By Breena Holland

This ebook advances a brand new distributional framework to steer the review and layout of environmental rules. Drawing on functions thought, specially as articulated in Martha Nussbaum's features method of justice, the booklet proposes that environmental guidelines should still goal to safe the elemental services that ensure that humans to reside a flourishing and dignified human existence. Holland starts off through developing safeguard of the ordinary atmosphere as principal to securing those services after which considers the consequences for debates in environmental valuation, coverage justification, and administrative rulemaking. In every one of those parts, she demonstrates how a 'capabilities method of social and environmental justice' can reduce important and procedural inequities that outcome from how we assessment and layout environmental rules in modern society.

Holland's proposals contain valuing environmental items and prone as similar - yet now not commensurable - around the related measurement of overall healthiness of other humans, justifying environmental regulations with appreciate to either the potential thresholds they safe and the aptitude ceilings they identify, and subjecting the results of participatory judgements within the administrative rulemaking method to better sizeable criteria. In constructing and using this special approach to justice, Holland essentially makes a speciality of questions of family environmental coverage. within the final bankruptcy she turns to theoretical debates approximately foreign weather coverage and sketches how her method of justice may possibly tell either the philosophical grounding and sensible software of efforts to accomplish international weather justice. enticing present debates in environmental coverage and political idea, the booklet is a sustained workout of either utilized and environmental political concept.

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Additional info for Allocating the Earth: A Distributional Framework for Protecting Capabilities in Environmental Law and Policy

Example text

12 ╇ Although “willingness to accept” (WTA) values are often assumed to be more accurate or valid than WTP values, for the purpose of providing a general characterization of economic environmental valuation I will refer only to WTP in characterizing a person’s monetary valuation of the relevant resource. 13 ╇ Here analysts must try to hold all other influences on the price of property constant, such that the only way in which the homes differ is in the quality of air that surrounds them. Since the 8 10 31 Allocating the Earth kind of indirect estimate by considering the expenditures households save on services such as laundry, cleaning, building upkeep, health care, and so on, in neighborhoods with cleaner air or water.

7 ╇ See Turner, Pearce, and Bateman (1993:25–26). 9 In this context CBA is a tool for evaluating whether government intervention through particular policies will achieve this maximizing goal. 10 Policies for which aggregate benefits outweigh aggregate costs are treated as economically efficient in the sense that those who benefit from a policy could pay off or compensate those who the policy burdens, such that there are net gains remaining. When policies produce these gains, they can be supported by the claim that if environmental resources were priced and exchanged, people would be motivated to exchange them in ways that result in the same allocation of resources that the policy does in fact produce.

Nussbaum’s capabilities approach offers an account of what justice requires in the context of social, political, and economic institutions that organize a liberal democratic society, and why such a society should pursue justice as a social goal. The theory of justice I develop from Nussbaum incorporates her philosophical commitment to human dignity and to providing a threshold level of capability protection for each person that due respect to human dignity would require. However, because Nussbaum has not fully theorized how environmental conditions relate to human capabilities, I assume the account of 24 Introduction environmental value elaborated in Chapter 4 to develop Nussbaum’s theory of justice in a way that requires protecting the environmental preconditions necessary for maintaining (a threshold level of) human capabilities.

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