The Organisation of the Anthropocene

In Our Hands?

Series:

In The Organisation of the Anthropocene, J. E. Viñuales explores the legal dimensions of the currently advocated new geological epoch called the Anthropocene, in which humans are the defining force. He examines in this context two basic propositions. First, law as a technology of social organisation has been neglected in the otherwise highly technology-focused accounts by natural and social scientists of the drivers of the Anthropocene. Secondly, in those rare instances where law has been discussed, there is a tendency to assume that the role of law is to tackle the negative externalities of transactions (e.g. their environmental or social implications) rather than the core of the underlying transactions, i.e. the organisation of production and consumption processes. Such focus on externalities fails to unveil the role of law in prompting, sustaining and potentially managing the processes that have led to the Anthropocene.
Restricted Access

E-Book:

EUR €70.00USD $84.00

Biographical Note

Jorge E. Viñuales, LL.B. (UNICEN), LL.B. (Freiburg), BA, MA (HEI), BA, MA (Geneva), LL.M. (Harvard), PhD (Sciences Po Paris) is the inaugural Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge, where he founded the Cambridge Centre for Environment, Energy and Natural Resource Governance (C-EENRG).

Table of contents

The Organisation of the Anthropocene
Jorge E. Viñuales
 Abstract
 Introduction
 Part 1: Law in the Anthropocene Narrative
 Part 2: Ingraining Nature in Law
 3.1 Overview
 3.2 Law Detached from Nature
 3.2.1 An (Un-)Intended Consequence of Legal Positivism
 3.2.2 Illustration: Conceptions of Property
 3.3 The Horizon of Law in the Anthropocene
 3.3.1 Hans Jonas and the Horizon of Ethics
 3.3.2 The Task for Law
 3.4 Revisiting Foundational Concepts
 3.4.1 Transactions-Externalities: The External Logic of
  Environmental Law
 3.4.2 Illustrations: Conceptions of Sovereignty and   Causality
 Part 3: Accounting for Inequality
 3.1 Overview
 3.2 Legal Organisation of Production
 3.2.1 Organising Production for the Industrial
  Revolution
 3.2.2 The Law of Business Organisation
 3.2.3 Structuring Labour Relations
 3.2.4 Pollution and Third Parties
 3.3 Asymmetric International Exchange Systems
 3.3.1 The British Atlantic System
 3.3.2 The Legal Organisation of Trade
 3.4 Operationalising Historical Responsibility
 3.4.1 Level and Time-horizon
 3.4.2 Industrialisation and the Historical Debt towards
  Africans
 3.4.3 The Legal Representation of Future Generations
 3.4.4 Present Allocations: Common but Differentiated   Responsibilities
 Part 4: Legal Organisation of the Transition
 3.1 Overview
 3.2 Adaptive Legal Systems
 3.3 Promoting or Hindering the Transition
 3.4 Legitimising the Transition
 Conclusion: A Research Agenda
 Select Bibliography

Readership

All interested in understanding the meaning and implications of the Anthropocene for social organization.