Sustainability and Law: A Historical and Theoretical Overview

Abstract

This preliminary chapter traces the development of the sustainability agenda at multiple decision-making scales, also incorporating recent and upcoming political changes. In doing so, it provides a critical discussion of the historical, non-linear development of sustainability, showing the malleability of the concept, its ethical underpinning and the influence of the political realm in shaping the legal and policy articulations of sustainability. The analysis is informed by critical theory and environmental law theory. More specifically, rejecting the modernist dichotomy between the Eco and the Anthropos, we move beyond a pillar approach to sustainability and consider the scope for dissensus, a more relational analysis and a transition towards the pluriverse.