Environmental law and systems theory

Abstract In 1985, German sociologist Niklas Luhmann published a monograph on ecology, which appeared in English translation in 1989 as Ecological Communication . It contained many original insights for ecological thinking and, despite being well‐reviewed upon publication, has had a relatively minor impact on Anglophone environmental discourse. This inattention is also present in environmental law, which has recently seen an increase in legal theories that challenge its mainstream. This contribution first investigates why Ecological Communication has received scant attention, pointing to changes in the climatic context in which it first appeared and the reactionary nature of its arguments. Recognising that the work nevertheless contains critical theoretical insights for environmental law scholarship, the second aim of the article is to spotlight what from Ecological Communication remains relevant at the hand of three common claims progressive researchers level against mainstream environmental law: The critique of law's marriage to Cartesian dualism, that law should be better informed by climate science,of and law's anthropocentrism. Finally, environmental lawyers are called upon not to ignore Ecological Communication but to engage with it fruitfully.

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Publication Details

Journal
Systems Research and Behavioral Science
Published
2024-09-16
DOI
https://doi.org/10.1002/sres.3075
Citations
3
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
12.22
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article

Environmental law and systems theory

Nico Buitendag
3 citations
Systems Research and Behavioral Science
Environmental law and policy
12.22
article

Environmental law and systems theory

Nico Buitendag
article en
3 citations

Abstract

Abstract In 1985, German sociologist Niklas Luhmann published a monograph on ecology, which appeared in English translation in 1989 as Ecological Communication . It contained many original insights for ecological thinking and, despite being well‐reviewed upon publication, has had a relatively minor impact on Anglophone environmental discourse. This inattention is also present in environmental law, which has recently seen an increase in legal theories that challenge its mainstream. This contribution first investigates why Ecological Communication has received scant attention, pointing to changes in the climatic context in which it first appeared and the reactionary nature of its arguments. Recognising that the work nevertheless contains critical theoretical insights for environmental law scholarship, the second aim of the article is to spotlight what from Ecological Communication remains relevant at the hand of three common claims progressive researchers level against mainstream environmental law: The critique of law's marriage to Cartesian dualism, that law should be better informed by climate science,of and law's anthropocentrism. Finally, environmental lawyers are called upon not to ignore Ecological Communication but to engage with it fruitfully.

Systems Research and Behavioral ScienceVol. 42(2)
North-West University (ZA)
Openalex Percentile: Top 1%
Environmental law and policy
12.22
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Environmental law and systems theory — Nico Buitendag · Systems Research and Behavioral Science (2024) | TGRS Research Map | TGRS