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Carla Sbert

This chapter briefly describes the purpose and content of the book.

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Carla Sbert

This chapter offers a snapshot of the primary nonlegal footings of ecological law in science and ecological economics, and of the critiques of environmental law underpinning the need for a different paradigm. It sketches the deepening understanding of the interconnected, complex systems of which humans are an integral part and the critique of the economic growth paradigm that are foundations on which ecological law is developing. It presents an overview of how and why environmental law has failed to prevent the ecological crisis, with an emphasis on its subservience to economic growth.

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Carla Sbert

This chapter briefly summarizes the main contributing elements to the theory of ecological law of a selected number of foundational proposals: David Boyd’s call for “sustainability law,” Cormac Cullinan’s manifesto for “wild laws,” Klaus Bosselmann’s arguments for understanding justice as “ecological justice” and recognizing the “principle of sustainability” as a principle of law, and Geoffrey Garver’s proposal for a “rule of ecological law” as a complement to degrowth economics. It also reviews selected contributions to the development of ecological law by Christina Voigt and other scholars, under the notion of the “rule of law for nature.”

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Carla Sbert

This chapter discusses the use of the term “ecological law” to name the emerging legal paradigm studied in this book. It also identifies the objectives of ecological law and proposes a working definition.

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Carla Sbert

This chapter briefly examines whether a shift to ecological law is feasible and what it would entail.

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Carla Sbert

This chapter argues that ecological law has much to learn from Indigenous legal traditions. It briefly describes aspects of the resurgence of Indigenous legal orders, examines the main assumptions on which the potential synergies between Indigenous laws and ecological law are based, and points to some of the challenges involved in exploring these synergies.

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Carla Sbert

This chapter offers a brief summary of professor Michael M’Gonigle’s Green Legal Theory and discusses how it differs from and may relate to ecological law.

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Carla Sbert

This chapter sets out the rationale behind using principles of ecological law to form the lens of ecological law. It explains how the principles relate to Geoffrey Garver’s features of the “rule of ecological law” and other relevant scholarship, and how they were chosen.

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Carla Sbert

This chapter presents the lens of ecological law as a tool crafted to critique current laws and identify the major affinities and inconsistencies with ecological law. It articulates the three interconnected principles of ecological law that form the lens of ecological law: ecocentrism, ecological primacy, and ecological justice.

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Carla Sbert

The three case studies in Part III of this book use the lens of ecological law introduced in Part II to reflect on the implications for a shift to ecological law of three different legal approaches to mining. This chapter provides an overview of what follows.