Rethinking Environmental Law

Jan G. Laitos, Joe T. Juhan Endowed Professorship in Property Rights and Policy and Professor of Law, Sturm College of Law, University of Denver, USA

• Contents: Prologue 1. Introduction: Replacing the standard algorithm for environmental law PART I UTILITARIAN SCIENCE AND A PRESUMPTION OF SEPARATION 2. Introduction to Part I 3. The standard model of nature and humans, and the historic presumption of separation 4. Environmental laws and the rule of separation PART II LOOK AT MOTHER NATURE ON THE RUN 5. Introduction to Part II 6. The reckoning PART III EXPLANATORY SCIENCE AND A NEW PRESUMPTION OF ENTANGLEMENT 7. Introduction to Part III 8. A more realistic model of nature and humans, reflecting a presumption of entanglement 9. Environmental laws reflecting a presumption of entanglement 10. The paralysis paradox and the untapped role of explanatory science in solving “big” environmental problems PART IV NO NEED FOR MORE LAW, ONLY DIFFERENT LAW 11. Introduction to Part IV 12. The laws of nature and the principle of universality 13. Environmental law and the Universal Laws of Nature PART V SYMMETRICAL ENVIRONMENTAL PROTECTIONS: RECIPROCAL RIGHTS AND DUTIES CONFORMING TO NATURE’S LAWS 14. Introduction to Part V 15. A positive legal right for the social-ecological system 16. A positive duty imposed on humans to ensure the survival of Earth’s SES Index

'In an era when almost all commentators believe we must rethink environmental law, Jan G. Laitos stands out for having rethought it from top to bottom to align environmental law's ''algorithm'' with the Laws of Nature. Distilling those laws to the three core universal principles of connectedness, economy, and symmetry, he leverages them to redesign the new algorithm around the concept of the social-ecological system, to which environmental law must assign rights and to which humans must bear positive duties of protection. Along the way he offers a sweeping history and critique of environmental law’s current algorithm of separation between humans and Nature. Anyone thinking we need to rethink environmental law should start with Laitos's splendid book, and perhaps end there as well.'