Regulating from Nowhere: Environmental Law and the Search for Objectivity

Regulating from Nowhere: Environmental Law and the Search for Objectivity

by Douglas A. Kysar

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Overview

Regulating from Nowhere: Environmental Law and the Search for Objectivity by Douglas A. Kysar

Drawing insight from a diverse array of sources, Douglas A. Kysar exposes a critical flaw in the dominant environmental law and policy paradigm of risk assessment and cost-benefit analysis, which asks policy makers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. To compensate for these shortcomings, Kysar offers a novel reconceptualization of the precautionary principle and advocates a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.

Product Details

ISBN-13: 9780300120011
Publisher: Yale University Press
Publication date: 06/22/2010
Pages: 336
Product dimensions: 6.10(w) x 9.10(h) x 1.00(d)

About the Author

Douglas Kysar is Professor of Law at Yale Law School.

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