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Justice and Nature: Kantian Philosophy, Environmental Policy, and the Law

Justice and Nature: Kantian Philosophy, Environmental Policy, and the Law

by John Martin Gillroy, Robert Paehlke
Justice and Nature: Kantian Philosophy, Environmental Policy, and the Law
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ISBN-10:
0878407960
ISBN-13:
9780878407965
Pub. Date:
08/13/2001
Publisher:
Georgetown University Press
ISBN-10:
0878407960
ISBN-13:
9780878407965
Pub. Date:
08/13/2001
Publisher:
Georgetown University Press
Justice and Nature: Kantian Philosophy, Environmental Policy, and the Law

Justice and Nature: Kantian Philosophy, Environmental Policy, and the Law

by John Martin Gillroy, Robert Paehlke

Overview

Most decision making in environmental policy today is based on the economic cost-benefit argument. Criticizing the shortcomings of the market paradigm, John Martin Gillroy proposes an alternative way to conceptualize and create environmental policy, one that allows for the protection of moral and ecological values in the face of economic demands.

Drawing on Kantian definitions of who we are as citizens, how we act collectively, and what the proper role of the state is, Gillroy develops a philosophical justification for incorporating non-market values into public decision making. His new paradigm for justice toward nature integrates the intrinsic value of humanity and nature into the law.

To test the feasibility of this new approach, Gillroy applies it to six cases: wilderness preservation, national wildlife refuges, not-in-my-backyard (NIMBY) siting dilemmas, comparative risk analysis, the Food and Drug Administration's risk regulation, and the National Environmental Policy Act. He also encourages others to adapt his framework to create alternative policy models from existing philosophies.

This book offers new insights, models, and methods for policymakers and analysts and for scholars in philosophy, political theory, law, and environmental studies.

Product Details

ISBN-13: 9780878407965
Publisher: Georgetown University Press
Publication date: 08/13/2001
Series: American Governance and Public Policy series
Edition description: New Edition
Pages: 496
Product dimensions: 6.80(w) x 9.90(h) x 1.20(d)
Age Range: 18 Years

About the Author

John Martin Gillroy is John D. MacArthur Professor of Environmental Policy and Law at Bucknell University, where he also is director of the Environmental Studies Program. His previous books include Environmental Risk, Environmental Values and Political Choices: Beyond Efficiency Tradeoffs in Policy Analysis(Westview, 1993) and The Moral Dimensions of Public Policy Choice: Beyond the Market Paradigm(University of Pittsburgh Press, 1992).

Table of Contents

List of Tables and Figures

Foreword

Preface

Acknowledgments

Introduction: Practical Reason, Moral Capacities, and Environmental Choices The Critical Argument: Moving beyond Market AssumptionsThe Constructive Argument: Kantian Ethics and Practical ChoiceJustice from Autonomy and Ecosystem Policy ArgumentNotes to Introduction

Part I Economic Policy Argument and Environmental Metapolicy

1. The Market Paradigm and Comprehensive Policy Argument Practical Reason, Argument, and the Policy ProcessPolicy Design: The Strategy and TActics of Public ChoiceThe Economic Design Approach and Comprehensive Policy ArgumentThe Market Paradigm and Comprehensive Policy ArgumentA Context Model for the Market ParadigmFrom Strategy to TacticsNotes to Chapter 1

2. The Theory of Environment Risk: Preference, Choice, and Individual WelfareThe Economic Viewpoint: From Private Exchange to Public Choice? the Strategic Nature of the Polluter's DilemmaEnvironmental Risk and the Imprisoned RiderEfficiency, Morality, and a "Thin" Theory of AutonomyPublic Choice, "Thick" Autonomy, and Respect for Instrinsic ValueNotes to Chapter 2

3. The Pracrtice of Environmental Risk: THe Market Context Model and Environmental Law Efficiency and Environmental LawTraditional Pollution: Finding the Optimum Level for Efficient Abatement Law and PolicyNotes to Chapter 3

4. Moving beyond the Market Paradigm: Making Space for "Justice from Autonomy" A Substructure: Uncertainty and Environmental EthicsA Superstructure: Environmental Risk and Public AdministrationEcosystems in Ethical ContextToward Ecosystem Policy Design: A Tension of Intrinsic ValuesNotes to Chapter 4

Part II A Kantian Paradigm for Ecosystem Policy Argument

Executive Summary

5. Justice from Autonomy: The Individual and Nature The Three Components of Practical ReasonOur Kantian Duties to NatureKant's Environmental Imperative: Harmonize Humanity and Nature!Notes to Chapter 5

6. Justice form Autonomy: Collective Action Practical Reason and Strategic RationalityMoral Agency and Collective ActionKantian Communitarianism: Juridical Means to Ehtical EndsNotes to Chapter 6

7. Justice from Autonomy: The Legitimate State The Moral Basis of the Legitimate StateThe Principle of Autonomy and the Attributes of the Active CitizenPublic Trust and the Harmony of FreedomNotes to Chapter 7

8. Justice from Autonomy: Maxims and Methods Politics, Autonomy, and Public ChoicePrinciples and Maxims for Public ChoiceImplementing Maxims: Two DistinctionsFrom Maxims to MethodsThe Kantian Context Model and "Ecosystem" DesignNotes to Chapter 8

Part III Ecosystem Argument: Applications and Implications

9. The Theory of Environmental Risk Revisited: "Rules of Thumb" for Administrative Decision Making The Theory of Environmental Risk: Uncertainty, Ehtics, and ScienceThe Kantian Administrator and Ecosystem DesignThe Predilections and Reorientation of the Public ManagerDavie: From Economic to Ecosystem Policy ArgumentNotes to Chapter 9

10. The Practice of Environmental Risk Revisited: Case Studies in Ecosystem Policy ArgumentEcosystem Integrity and the Extraction Decision: The Cases fo Wilderness and WildlifeAssurance and the Disposal Interface: NIMBY and Comparative RiskTrust and the Production Decision: NEPA and FDA RegulationEcosystem Policy Argument and the BaselineThe Baseline Standard and Political EvaluationNotes to Chapter 10

Epilogue

Ecosystem Argument in the States: Act 250 and Proposition 65 Federal Policy and State ExperimentsVermont's Act 250California's Proposition 65Justice and Federal GovernmentNotes

Selected Bibliography

Names Index

Subject Index

What People are Saying About This

Robert V. Percival

Presents a powerful challenge to the current marginalization of environmental ethics in the public policy arena . . . Justice and Nature will help move environmental philosophy from the classroom to its rightful place at the forefront of public debate.

From the Publisher

"Gillroy offers a rich discussion that should make a weighty impact on the public policy community."—David Braybrooke, Centennial Commission Chair in the Liberal Arts, The University of Texas at Austin

"Presents a powerful challenge to the current marginalization of environmental ethics in the public policy arena . . . Justice and Nature will help move environmental philosophy from the classroom to its rightful place at the forefront of public debate."—Robert V. Percival, Director, Environmental Law Program, University of Maryland School of Law

"Gillroy is masterful in his use of Kant's moral and political philosophy to develop the Justice from Autonomy paradigm. This book is a must for all Kant scholars and for anyone interested in the relevance of philosophy to environmental law and policy."—Robert Paul Churchill, Chair, Department of Philosophy and Director, Peace Studies Program, The George Washington University

"Authors, too numerous to mention, have called for a new, non-market-based, normative framework for analyzing environmental problems. John Martin Gillroy has actually gone beyond this common admonition to provide one. Ethicists, policy analysts, and decision makers should take this Kantian attempt very seriously."—Bryan Norton, Georgia Institute of Technology

Robert Paul Churchill

Gillroy is masterful in his use of Kant's moral and political philosophy to develop the Justice from Autonomy paradigm. This book is a must for all Kant scholars and for anyone interested in the relevance of philosophy to environmental law and policy.

David Braybrooke

Gillroy offers a rich discussion that should make a weighty impact on the public policy community.

Bryan Norton

Authors, too numerous to mention, have called for a new, non-market-based, normative framework for analyzing environmental problems. John Martin Gillroy has actually gone beyond this common admonition to provide one. Ethicists, policy analysts, and decision makers should take this Kantian attempt very seriously.

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