2021•Edward Elgar Publishing eBooksRequires access

A positive duty imposed on humans to ensure the survival of Earths SES

Jan G. Laitos

Open publisher page 0 citations

Abstract

An environmental rights-based law is a necessary but not a sufficient change needed for environmental law. A workable change for environmental law would be to also impose a “duty” on humans to ensure that nature is not so modified by anthropocentric actions as to make it impossible for humans to survive. Such a duty would be consistent with the thinking of Pufendorf. He believed that humans needed to do more than “doing no harm” to their fellow humans; humans also should have an affirmative duty to benefit others an promote the good of others. The need for a correlative duty to accompany an environmental right held by the SES is consistent with the Laws of nature. A duty to nature/environment imposed on humans is the symmetrical counterpart of the right held by the SES. A right/duty dichotomy reflects the need for “symmetry” in any workable system of environmental laws. Such a duty is also “simple;” when a duty is imposed it does not require an enormous complicated administrative apparatus to function. And a duty on humans “connects” humans to their environment.

About this research paper

What this paper is about

An environmental rights-based law is a necessary but not a sufficient change needed for environmental law. A workable change for environmental law would be to also impose a “duty” on humans to ensure that nature is not so modified by anthropocentric actions as to make it impossible for humans to survive. Such a duty would be consistent with the thinking of Pufendorf. He believed that humans needed to do more than “doing no harm” to their fellow humans; humans also should have an affirmative duty to benefit others an promote the good of others. The need for a correlative duty to accompany an environmental right held by the SES is consistent with the Laws of nature. A duty to nature/environment imposed on humans is the symmetrical counterpart of the right held by the SES. A right/duty dichotomy reflects the need for “symmetry” in any workable system of environmental laws. Such a duty is also “simple;” when a duty is imposed it does not require an enormous complicated administrative apparatus to function. And a duty on humans “connects” humans to their environment.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

An environmental rights-based law is a necessary but not a sufficient change needed for environmental law. A workable change for environmental law would be to also impose a “duty” on humans to ensure that nature is not so modified by anthropocentric actions as to make it impossible for humans to survive. Such a duty would be consistent with the thinking of Pufendorf. He believed that humans needed to do more than “doing no harm” to their fellow humans; humans also should have an affirmative duty to benefit others an promote the good of others. The need for a correlative duty to accompany an environmental right held by the SES is consistent with the Laws of nature. A duty to nature/environment imposed on humans is the symmetrical counterpart of the right held by the SES. A right/duty dichotomy reflects the need for “symmetry” in any workable system of environmental laws. Such a duty is also “simple;” when a duty is imposed it does not require an enormous complicated administrative apparatus to function. And a duty on humans “connects” humans to their environment.

Key concepts: Duty, Harm, Anthropocentrism, Duty to protect, Law, Law and economics, Political science, Function (biology)

Related papers

Back to paper searchBrowse research topicsOriginal source
A positive duty imposed on humans to ensure the survival of Earths SES — Research Paper | ScholarLens