Global Democracy and Sustainable Jurisprudence
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Global Democracy and Sustainable Jurisprudence

Deliberative Environmental Law

By Walter F. Baber and Robert V. Bartlett

A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment.

Overview

Author(s)

Praise

Summary

A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment.

In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.

Hardcover

Out of Print ISBN: 9780262013024 240 pp. | 9 in x 6 in

Paperback

$5.75 S ISBN: 9780262512916 240 pp. | 9 in x 6 in

Reviews

  • This book makes an interesting, timely, and important contribution by linking abstract theory, emperical evidence, and suggestions for practical reform.

    Indian Journal of Political Science

Endorsements

  • Global Democracy and Sustainable Jurisprudence succeeds in illuminating new insights in the theory and practice of democracy. This book makes an interesting, timely, and important contribution by linking abstract theory, empirical evidence, and suggestions for practical reform.

    Steven Vanderheiden

    Department of Political Science, University of Colorado, Boulder, and author of Political Theory and Global Climate Change

  • This work is highly original and makes a contribution to the fields of global environmental governance, deliberative democracy, and international environmental law. Debates in this area have become somewhat repetitive recently, and this book will sound a striking new note and generate an animated debate, with strong positions on both sides.

    Robyn Eckersley

    University of Melbourne, author of The Green State: Rethinking Democracy and Sovereignty

Awards

  • Winner, 2011 International Ethics Section Book Prize given by the International Studies Association
  • Winner, 2011 ISA International Ethics Section Book Prize