Regulating from Nowhere : Environmental Law and the Search for Objectivity

by Douglas A. Kysar

• ISBN13: 9780300120011
• ISBN10: 030012001X
• Format: Trade Paper
• Copyright: 2010-06-22
• Publisher: Yale University Press

Summary

Drawing insight from cross-disciplinary sources, Douglas Kysar exposes a critical flaw in the dominant environmental law and policy paradigm of risk assessment and cost-benefit analysis. To compensate for the shortcomings he identifies, Kysar offers a novel defense of the precautionary principle and concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.

Author Biography

DOUGLAS A. KYSAR is the Joseph M. Field '55 Professor of Law at Yale Law School.

Table of Contents

Preface	p. ix
Introduction	p. 1
Regulating From Nowhere
Agency and Optimality	p. 25
Prescription and Precaution	p. 46
The Perils of Prediction
Complexity and Catastrophe	p. 71
Interests and Emergence	p. 99
The Environment of the Other
Other States	p. 123
Other Generations	p. 150
Other Forms of Life	p. 176
Our Environmental Future
Ecological Rationality	p. 203
Environmental Constitutionalism	p. 229
Appendix: The Environmental Possibilities Act	p. 255
Notes	p. 259
Index	p. 309
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