Chapter 2: Considerations of justice in forest regulation
Adequate legal frameworks are essential to ensure the implementation of sustainable forest management. Fisher states that rules of law reflect and implement the values and aspirations of the society, from which they emerge. Legal or paralegal rules are the tools used to implement rule of law values and aspirations.1 Legal rules are defined as enforceable rules of law, such as the imposition of an obligation, duty or standard to be complied with. Paralegal rules refer to principles, objects, strategies, policies, plans, guidelines and codes of practice. Society does not have one common view of how environmental resources should be used and managed so the law does not necessarily reflect all of society’s views on it. Law should, however, evolve in line with changes in the views and values of society, and should also seek to accommodate and reflect as many of the different values and interests associated with the environment as possible. For advances to be made in implementing sustainable forest management, appropriate legal rules, institutions and processes must exist. Law is a crucial component in such change because it is the law that governs most transactions between people.
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