{"title":"恢复和合作繁荣社会生态景观","authors":"Afshin Akhtar-Khavari","doi":"10.1080/20414005.2020.1765290","DOIUrl":null,"url":null,"abstract":"ABSTRACT Environmental law is ontologically committed to competition. This is evidenced by its use of framing concepts like sustainability which assume that landscapes have always had the carrying capacity to regenerate on their own. The Anthropocene, if anything, points to the deep entanglements that exist in nature and for human beings. Whilst competition explains evolutionary trends, there is much evidence pointing to the idea that cooperation and symbiosis amongst living things is a much better indicator of long-term change in the natural environment. Deep entanglements are better supported through cooperation than competition. Drawing on ideas from scientific research on symbiosis, this paper argues that environmental law is missing deep ontological commitments to cooperation between human beings and the natural world. Restoration, approached not just as a technical rules-based response to damage and degradation, but as an activity requiring cooperation with the natural world would potentially better support flourishing socio-ecological landscapes.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"62 - 74"},"PeriodicalIF":0.0000,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1765290","citationCount":"5","resultStr":"{\"title\":\"Restoration and cooperation for flourishing socio-ecological landscapes\",\"authors\":\"Afshin Akhtar-Khavari\",\"doi\":\"10.1080/20414005.2020.1765290\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Environmental law is ontologically committed to competition. This is evidenced by its use of framing concepts like sustainability which assume that landscapes have always had the carrying capacity to regenerate on their own. The Anthropocene, if anything, points to the deep entanglements that exist in nature and for human beings. Whilst competition explains evolutionary trends, there is much evidence pointing to the idea that cooperation and symbiosis amongst living things is a much better indicator of long-term change in the natural environment. Deep entanglements are better supported through cooperation than competition. Drawing on ideas from scientific research on symbiosis, this paper argues that environmental law is missing deep ontological commitments to cooperation between human beings and the natural world. Restoration, approached not just as a technical rules-based response to damage and degradation, but as an activity requiring cooperation with the natural world would potentially better support flourishing socio-ecological landscapes.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"11 1\",\"pages\":\"62 - 74\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-04-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20414005.2020.1765290\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2020.1765290\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2020.1765290","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Restoration and cooperation for flourishing socio-ecological landscapes
ABSTRACT Environmental law is ontologically committed to competition. This is evidenced by its use of framing concepts like sustainability which assume that landscapes have always had the carrying capacity to regenerate on their own. The Anthropocene, if anything, points to the deep entanglements that exist in nature and for human beings. Whilst competition explains evolutionary trends, there is much evidence pointing to the idea that cooperation and symbiosis amongst living things is a much better indicator of long-term change in the natural environment. Deep entanglements are better supported through cooperation than competition. Drawing on ideas from scientific research on symbiosis, this paper argues that environmental law is missing deep ontological commitments to cooperation between human beings and the natural world. Restoration, approached not just as a technical rules-based response to damage and degradation, but as an activity requiring cooperation with the natural world would potentially better support flourishing socio-ecological landscapes.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.