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Regulating from Nowhere
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Regulating from Nowhere: Environmental Law and the Search for Objectivity

Douglas A. Kysar

Abstract

Drawing insight from a diverse array of sources—including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies—this book offers a new theoretical basis for understanding environmental law and policy. The book exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, “regulate from nowhere.” It shows that such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which ... More

Keywords: environmental law, risk assessment, cost-benefit analysis, climate change, environmental issues, policy analysis, environmental sustainability, precautionary principle, environmental constitutionalism, ecology

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780300120011
Published to Yale Scholarship Online: October 2013 DOI:10.12987/yale/9780300120011.001.0001

Authors

Affiliations are at time of print publication.

Douglas A. Kysar, author

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