Download PDF by Andreas Philippopoulos-Mihalopoulos: Absent Environments: Theorising Environmental Law and the

By Andreas Philippopoulos-Mihalopoulos

ISBN-10: 184472154X

ISBN-13: 9781844721542

Providing a singular, transdisciplinary method of environmental legislation, its rules, mechanics and context, as confirmed in its program to the city setting, this ebook strains the conceptual and fabric absence of conversation among the human and the ordinary and controversially comprises such a scarcity inside a method of legislations and a procedure of geography which successfully stay closed to environmental issues. The publication seems at Niklas Luhmann's idea of autopoiesis. Introducing the major thoughts and operations, contextualizing them and beginning them as much as serious research. certainly, not like so much discussions on autopoiesis, it proposes a substantially various examining of the idea, based on serious felony, political, sociological, city and ecological theories, whereas drawing from writings by means of Husserl and Derrida, in addition to Latour, Blanchot, Haraway, Agamben and Nancy. It explores quite a number issues within the components of environmental legislation and concrete geography, together with: environmental possibility, environmental rights, the precautionary precept, intergenerational fairness and concrete waste discourses on group, nature, technological know-how and identification. the writer redefines the conventional foundations of environmental legislations and concrete geography and indicates a thorough method of facing clinical lack of knowledge, cultural adjustments and environmental degradation in the perceived desire for felony supply of simple task.

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The above has been formulated in various ways whenever Luhmann deals with ecological considerations, most prominently in Ecological Communication, Ecology of Ignorance and Risk. But perhaps the most eloquent formulation is by Lindsay Farmer and Gunther Teubner: ‘uncertainty about 96 Luhmann, 1989b. 97 Luhmann uses the term resonance in the sense of ‘irritability’; 1993b:225. 98 The most representative example would be Luhmann, 1997a, but also 1995d, 1995c. But also, in his writings on religion, Luhmann, 2000b, especially as noted by Sløk, 2005.

124 Arbitrariness, therefore, is necessary for the creation of the required consensus, but this time one cannot refer to Luhmann’s fictional societal consensus but to a variation that goes beyond the mere licence to fiction. 119 120 121 122 123 Luhmann, 1985a. Christodoulidis, 1998:124. Alder and Wilkinson, 1999; Stone, 1974. Tarlock, 2004:217. I revisit these themes in the following section, when trying to define more specifically the relation of environmental law with its environment. 124 Latour 2004a, presents the same distinction as an opportunity for internalisation of the mutual constructions of democracy (human/non-human) in what he calls pluriverse.

For the benefit of its autopoiesis, the system is forced to mark its self-reference,137 as well as exclude whatever disruptive effects the acknowledgment of mis-correspondence between self- and external reference may have. As a result, the environment of environmental law in its irreducible complexity remains absent from the system. The environment already within the environmental legal system is a sorry affair of domesticated complexity, a functionally indifferent functionalism that cannot properly impregnate the system with the force of exteriority that the environment of environmental law would otherwise.

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Absent Environments: Theorising Environmental Law and the City by Andreas Philippopoulos-Mihalopoulos

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