{"title":"两层自我调节","authors":"J. Viñuales","doi":"10.1080/20414005.2020.1746147","DOIUrl":null,"url":null,"abstract":"ABSTRACT Human self-regulation, however conceived, is but a small part of a bigger whole. But that part is becoming more disruptive of the broader self-regulatory system of the biosphere, the Earth system. The purpose of this essay is to connect two narratives. One concerning biospheric self-regulation, which has been formulated in increasing detail, and the other concerning human self-regulation, which remains inchoate and scattered. The starting point of the analysis is the curious fact that, whereas in the past most accounts of the world embedded humans within nature, even if the overall impact of humans on natural cycles was limited, in the last two centuries, the prevailing accounts have assumed or postulated a disconnection between human and natural history, despite the fact that the empirical connection has become inescapable. In this context, this essay first characterises the conceptual disconnection and the empirical connection between human action and geological processes, and then revisits, in this light, the link between biospheric self-regulation and human self-regulation, paying attention to the role of the social practices we call law.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"16 - 32"},"PeriodicalIF":0.0000,"publicationDate":"2020-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1746147","citationCount":"3","resultStr":"{\"title\":\"Two layers of self-regulation\",\"authors\":\"J. Viñuales\",\"doi\":\"10.1080/20414005.2020.1746147\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Human self-regulation, however conceived, is but a small part of a bigger whole. But that part is becoming more disruptive of the broader self-regulatory system of the biosphere, the Earth system. The purpose of this essay is to connect two narratives. One concerning biospheric self-regulation, which has been formulated in increasing detail, and the other concerning human self-regulation, which remains inchoate and scattered. The starting point of the analysis is the curious fact that, whereas in the past most accounts of the world embedded humans within nature, even if the overall impact of humans on natural cycles was limited, in the last two centuries, the prevailing accounts have assumed or postulated a disconnection between human and natural history, despite the fact that the empirical connection has become inescapable. In this context, this essay first characterises the conceptual disconnection and the empirical connection between human action and geological processes, and then revisits, in this light, the link between biospheric self-regulation and human self-regulation, paying attention to the role of the social practices we call law.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"11 1\",\"pages\":\"16 - 32\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-03-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20414005.2020.1746147\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2020.1746147\",\"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/10.1080/20414005.2020.1746147","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
ABSTRACT Human self-regulation, however conceived, is but a small part of a bigger whole. But that part is becoming more disruptive of the broader self-regulatory system of the biosphere, the Earth system. The purpose of this essay is to connect two narratives. One concerning biospheric self-regulation, which has been formulated in increasing detail, and the other concerning human self-regulation, which remains inchoate and scattered. The starting point of the analysis is the curious fact that, whereas in the past most accounts of the world embedded humans within nature, even if the overall impact of humans on natural cycles was limited, in the last two centuries, the prevailing accounts have assumed or postulated a disconnection between human and natural history, despite the fact that the empirical connection has become inescapable. In this context, this essay first characterises the conceptual disconnection and the empirical connection between human action and geological processes, and then revisits, in this light, the link between biospheric self-regulation and human self-regulation, paying attention to the role of the social practices we call law.
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.