The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models (...) would need to be assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

This paper explores a colonial controversy: the imposition of state rules to limit salmon fishing in a Scandinavian subarctic river. These rules reflect biological fish population models intended to preserve salmon populations, but this river has also been fished for centuries by indigenous Sámi people who have their own different practices and knowledges of the river and salmon. In theory, the Norwegian state recognizes traditional ecological knowledge and includes this in its biological assessments, but in practice this does not (...) happen, so Sámi fishing practices and the realities that they enact are disappearing. This paper explores how to conceptualize colonial differences in knowing. Drawing on recent anthropology, it asks how “settler” and “nomadic” enact worlds and their realities, suggesting that, unlike the latter, the former create a single reality intolerant of alternatives. The focus is thus on a “politics of how” and the ways in which colonial realities and knowledges might intersect less destructively. (shrink)

The applied discipline of agroecological design provides a useful case study for examining broader philosophical questions about the existence and importance of ecological generalizations or “laws.” Recent developments in the availability and use of formal meta-analyses have led to the discovery of many resilient generalizations in ecology (Linquist et al. 2016). However, these “laws” face numerous challenges when it comes to their practical application. Concerns about their reliability and scope might stem from unclear logical and epistemic connections (...) to more foundational or “unifying” generalizations (Lean in Philos Top 47(1), 2019) which, in ecology, tend to be derived from first principles and in association with highly abstract models. This raises questions about the nature of those foundational generalizations themselves. In particular, how resilient are they compared to the generalizations uncovered by empirically driven methods? Here we propose a procedure for evaluating the resilience of generalizations across five ecologically relevant dimensions. This procedure was applied to seven well known foundational generalizations in ecology. Surprisingly, it turned out to be impossible to estimate the resilience of these foundational generalizations based on the available literature. This points to the need for a more centralized repository of information about ecological generalizations, created with the explicit aim of evaluating such important dimensions as causal mechanism and predictive power. (shrink)

Ecologists typically invoke "law-like" generalizations, ranging over "structural" and/or "functional" kinds, in order to explain generalizations about "historical" kinds (such as biological taxa)rather than vice versa. This practice is justified, since structural and functional kinds tend to correlate better with important ecological phenomena than do historical kinds. I support these contentions with three recent case studies. In one sense, therefore, ecology is, and should be, more nomothetic, or law-oriented, than idiographic, or historically oriented. This conclusion challenges several recent philosophical (...) claims about the nature of ecological science. (shrink)

This book explores the impact of disintegrity on various aspects of governance, as the disregard of ecological conditions produce grave direct effects to human rights (to water or food) and, indirectly, also to human security in several ways. International legal regimes need to be reconsidered and perhaps re-interpreted, in order to correct these situations that affect the commons today. Some believe that our starting point should acknowledge the impact we already have on the natural world, and accept that we (...) now live in the "anthropocene". Others think that the present emphasis on sustainable development needs to be re-defined. Finally, many believe that reconnecting with moral principles both in professional life and in governance in general represents a necessary first step. (shrink)

Ecology's reputation as a holistic science is partly due to widespread misconceptions of its nature as well as shortcomings in its methodology. This article argues that the pursuit of empirical laws of ecology can foster the emergence of a more unified and predictive science based on complementary modes of explanation. Numerical analyses of population dynamics have a distinguished pedigree, spatial analyses generate predictive laws of macroecology, and physical analyses are typically pursued by the ecosystem paradigm. The most characteristically (...) ecological laws, however, are found in biotic analyses in the functional trait paradigm. Holistic credentials for ecology may thus be restored on two bases: its accommodating complementary modes of analysis and explanation, and its having some laws within the least reductionistic mode consistent with its subject matter. These claims, grounded in the aspectual theory of Herman Dooyeweerd, lead to some suggestions for enhancing the versatility and usefulness of ecology—and other sciences—by balancing different research paradigms under a holistic vision. (shrink)

A number of ecologists have put forward various proposals that ecology has laws, yet they have not explicated what role laws play in ecological explanations. Marcel Weber (1999), Lev Ginzburg and Mark Colyvan (2004) correct this deficiency and also make their case for laws of ecology: the principle of competitive exclusion and Malthus's law of exponential growth respectively. According to Weber, the principle of competitive exclusion explains phenomena (1) by direct application, or (2) by describing a (...) default state from which observed phenomena deviate and mechanisms are called to account for the discrepancy. Independently of Weber, Ginzburg and Colyvan articulate a role similar to (2) for Malthus's law. I argue that Weber's proposition of explanation by direct application is not consistent with Gause's account of ’bottle experiments’ that he uses to support it and does not do justice to ecologists' explanatory practice. To address these problems, I articulate an alternative account of explanation by direct application—the covering-law model—based on a proposal by Elgin and Sober (2002) and show that even in this proposal mechanisms play a key explanatory role. I also demonstrate how the covering-law model accounts for how Malthus's law can explain by direct application and for its role of descriptor of a default state. Finally, I argue that the views on laws as components in covering-law model explanations or as descriptors of default states do not give sufficient attention to the prominent explanatory role of mechanisms and to the demanding task of identifying and describing them, and ought to be corrected. (shrink)

This article explores the role of constitutional thought in Latour’s work on cosmopolitics. It will study his non-modern proposal in the Politics of Nature (2004) and argue for a constitutional rather than political understanding. To address criticisms of being too metaphysical or unpractical, we will work out the notion of a “constitutional ecology of practices” to highlight how different practices such as politics, science, organization, but also law, all contribute to the design of the stage and processes for composing a (...) common world. Special focus will here be placed on the role of “epigrams”: practical models for ordering contributions of different practices or modes in hierarchical relationships. This renders them identifiable, mobilizable, and contestable as cross-cutting models for shaping mutual relations in concrete collaborative settings. The case of the legal regulation of robots will be presented as an example of a cosmopolitical attempt to introduce non-human entities in the common collective. We will here observe the role that epigrams play in framing, ordering and contesting the epistemic contributions of the various practices involved in this innovation ecology. This case will be used to discuss Latour’s proposals and to study non-modern constitutionalism in action. (shrink)

The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in (...) the West, particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

Abstract:This article explores the role of constitutional thought in Latour's work on cosmopolitics. It will study his non-modern proposal in the Politics of Nature (2004) and argue for a constitutional rather than political understanding. To address criticisms of being too metaphysical or unpractical, we will work out the notion of a "constitutional ecology of practices" to highlight how different practices such as politics, science, organization, but also law, all contribute to the design of the stage and processes for composing a (...) common world. Special focus will here be placed on the role of "epigrams": practical models for ordering contributions of different practices or modes in hierarchical relationships. This renders them identifiable, mobilizable, and contestable as cross-cutting models for shaping mutual relations in concrete collaborative settings. The case of the legal regulation of robots will be presented as an example of a cosmopolitical attempt to introduce non-human entities in the common collective. We will here observe the role that epigrams play in framing, ordering and contesting the epistemic contributions of the various practices involved in this innovation ecology. This case will be used to discuss Latour's proposals and to study non-modern constitutionalism in action. (shrink)

_Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments_ is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection is comprised of eleven contributions approaching re-embodiments from a multiplicity of fields, (...) including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized in three parts, ‘Beyond Modernity, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book_ _contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically. (shrink)

This chapter contains section titled: Introduction Laws in Ecology Mathematical Models What is the Reason for Population Cycles? The Balance of Nature Debate Socio‐Political Aspects of Population Ecology Ecology and Evolution Acknowledgments References Further Reading.

Sagoff (2016) criticizes widely used “theoretical” methods in ecology; arguing that those methods employ models that rely on problematic metaphysical assumptions and are therefore uninformative and useless for practical decision-making. In this paper, I show that Sagoff misconstrues how such model-based methods work in practice, that the main threads of his argument are problematic, and that his substantive conclusions are consequently unfounded. Along the way, I illuminate several ways the model-based inferential methods he criticizes can be, and have been, usefully (...) informative. (shrink)

Arguing that ecological thinking can animate an epistemology capable of addressing feminist, multicultural, and other post-colonial concerns, this book critiques the instrumental rationality, hyperbolized autonomy, abstract individualism, and exploitation of people and places that western epistemologies of mastery have legitimated. It proposes a politics of epistemic location, sensitive to the interplay of particularity and diversity, and focused on responsible epistemic practices. Starting from an epistemological approach implicit in Rachel Carson’s scientific projects, the book draws, constructively and critically, on (...) class='Hi'>ecological theory and practice, on (post-Quinean) naturalized epistemology, and on feminist and post-colonial theory. Analyzing extended examples from developmental psychology, from medicine and law, and from circumstances where vulnerability, credibility, and public trust are at issue, the argument addresses the constitutive part played by an instituted social imaginary in shaping and regulating human lives. The practices and examples discussed invoke the responsibility requirements central to this text’s larger purpose of imagining, crafting, articulating a creative, innovative, instituting social imaginary, committed to interrogating entrenched hierarchical social structures, en route to enacting principles of ideal cohabitation. (shrink)

Throughout history, anthropologists have confronted a number of uncomfortable truths around the supposed nature of reality. The anthropological maxim, "through the study of others we learn more about ourselves" has been sorely tested en route. Arguably, this challenge reached culmination during the 1970s and 80s, with several prominent social commentators from Geertz to Clifford suggesting that anthropologists had, in both past and present, been much more concerned with the study of 'others' than of 'ourselves'. In essence, this reflexive critique suggested (...) that ethnographers were in the business of writing fiction and more insidiously came to the field equipped with a set of assumptions and presuppositions about the world in all its variety. These universal verities functioned to reduce all subjects of study into conformity with the observer's sense of what was real and of import and what was not and inconsequential. (shrink)

Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and natural (...) systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)

In the first edition of Radical Ecology --the now classic examination major philosophical, ethical, scientific, and economic roots of environmental problems--Carolyn Merchant responded to the profound awareness of environmental crisis which prevailed in the closing decade of the twentieth century. In this provocative and readable study, Merchant examined the ways that radical ecologists can transform science and society in order to sustain life on this planet. Now in this second edition, Merchant continues to emphasize how laws, regulations and scientific (...) research alone cannot reverse the spread of pollution or restore our dwindling resources. Merchant argues that in order to maintain a livable world, we must formulate new social, economic, scientific, and spiritual approaches that will fundamentally transform human relationships with nature. She analyzes the revolutionary ideas of visionary ecologists for a new economy, society, science, and religion, and examines their efforts to bring environmental problems to the attention of the public. This new edition features a new Introduction from the author, a thorough updating of chapters, and two entirely new chapters on recent global movements and globalization and the environment. It is a timely update that will give students everything they need to know on the most recent philosophical positions and social movements that characterize the radical ecology spectrum. (shrink)

Perhaps no concept has been thought more important to ecological theorizing than the niche. Without it, technically sophisticated and well-regarded accounts of character displacement, ecological equivalence, limiting similarity, and others would seemingly never have been developed. The niche is also widely considered the centerpiece of the best candidate for a distinctively ecological law, the competitive exclusion principle. But the incongruous array and imprecise character of proposed definitions of the concept square poorly with its apparent scientific centrality. I (...) argue this definitional diversity and imprecision reflects a problematic conceptual indeterminacy that challenges its putative indispensability in ecology. (shrink)

In a (2016) paper in this journal, I defuse allegations that theoretical ecological research is problematic because it relies on teleological metaphysical assumptions. Mark Sagoff offers a formal reply. In it, he concedes that I succeeded in establishing that ecologists abandoned robust teleological views long ago and that they use teleological characterizations as metaphors that aid in developing mechanistic explanations of ecological phenomena. Yet, he contends that I did not give enduring criticisms of theoretical ecology a fair shake (...) in my paper. He says this is because enduring criticisms center on concerns about the nature of ecological networks and forces, the instrumentality of ecological laws and theoretical models, and the relation between theoretical and empirical methods in ecology that that paper does not broach. Below I set apart the distinct criticisms Sagoff presents in his commentary and respond to each in turn. (shrink)

This work applies the competitive exclusion principle and the concept of potential competitors as simple axiomatic tools to generalized situations in ecology. These tools enable apparent competition and its dual counterpart to be explicitly evaluated in poorly understood ecological systems. Within this set-theory framework we explore theoretical symmetries and invariances, De Morgan’s laws, frozen evolutionary diversity and virtual processes. In particular, we find that the exclusion principle compromises the geometrical growth of the number of species. By theoretical extending (...) this principle, we can describe interspecific depredation in the dual case. This study also briefly considers the debated situation of intraspecific competition. The ecological consequences of our findings are discussed; particularly, the use of our framework to reinterpret coupled mathematical differential equations describing certain ecological processes. (shrink)

Neo-Humanist Luc Ferry (1995) has compared deep ecology's declarations of intrinsic value in nature to the Third Reich's nature protection laws, which prohibit maltreatment of animals having "worth in themselves." Ferry's questionable approach fails to document the relationship between Nazi environmentalism and Nazi racism. German high art and mass media historically presented nature as dualistic, and portrayed Untermenschen as unnatural or inorganic. Nazi propaganda excluded Jews from nature, and identified traditional Jews as cruel to animals. Ferry's idealization of Humanism (...) under reports the pervasiveness of anti-Semitism in European thought, including the French Enlightenment. © 1999 Elsevier Science Inc. (shrink)

Rates of firearm injury and mortality are far higher in the United States compared to other high-income nations. Patterns of firearm injury have complex causal pathways; different social contexts may be differentially affected by firearm legislation. In the context of the diversity of social, political, and legal approaches at the state level, we suggest the application of the social ecological model as a conceptual public health framework to guide future policy interventions in the U.S.

In 2007 the Chinese government embraced ‘ecological civilization’ as a central policy objective of the government. In 2012, the goal of achieving ecological civilization was incorporated into its constitution as a framework for China’s environmental policies, laws and education, and was included as a goal in its five-year plans. In 2017, the 19th Congress of the Communist Party called for acceleration in achieving this goal. Expenditure on technology to ameliorate environmental damage, reduce pollution and reduce greenhouse gas (...) emissions has been massively increased. It is also presented and promoted as a vision for our global future, in Cornelius Castoriadis’ terminology, a new social imaginary. (shrink)

Ecology, with its emphasis on coupled processes and massive heterogeneity, is not amenable to complete mechanical reduction, which is frustrated for reasons of history, dimensionality, logic, insufficiency, and contingency. Physical laws are not violated, but can only constrain, not predict. Outcomes are predicated instead by autocatalytic configurations, which emerge as stable temporal series of incorporated contingencies. Ecosystem organization arises out of agonism between autocatalytic selection and entropic dissolution. A degree of disorganization, inefficiency, and functional redundancy must be retained by (...) all living systems to ensure flexibility in the face of novel disturbances. That physical and biological dynamics exhibit significant incongruencies argues for the formulation of alternative metaphysical assumptions, referred to here as “Process Ecology”. (shrink)

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which (...) states act as its main subjects, the traditional sources of international law - international legal statutes, customary international law, historical precedents and general principles of law - create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics - including environmental law, the law of the sea, colonialism, human rights, conflict, and the impact of science and technology - it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book's posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists, and others with interests in posthuman thought, technology, colonialism and ecology. (shrink)

Many ecologists have dismissed alleged ecological laws as tautological or trivial. This essay investigates the epistemological status of one prominent such "law," the population-growth thesis, and argues for 4 claims: (1) Once interpreted, the thesis cannot be denied the status of empirical law on the grounds that it is always and everywhere untestable. (2) Contrary to Peters' (1991) claim, some interpretations of the thesis have significant heuristic power. (3) One can use the reasoning of Brandon (1990), Lloyd (1987), (...) and Sober (1984) to show that some interpretations of the thesis are not a priori. (4) Even if the thesis is a priori, it has explanatory power as a "schematic law.". (shrink)

Ecology is indispensable to understanding the biological world and addressing the environmental problems humanity faces. Its philosophy has never been more important. In this book, James Justus introduces readers to the philosophically rich issues ecology poses. Besides its crucial role in biological science generally, climate change, biodiversity loss, and other looming environmental challenges make ecology's role in understanding such threats and identifying solutions to them all the more critical. When ecology is applied and its insights marshalled to address these problems (...) and guide policy formation, interesting philosophical issues emerge. Justus sets them out in detail, and explores the often ethically charged dimensions of applied ecological science, using accessible language and a wealth of scientifically-informed examples. (shrink)

This book examines the relationship between environmental and democratic thought and the apparent compatibility of ecology and democracy. Although environmental politics is quite rightly seen as a progressive force, it has also featured a strand of extreme right "eco-authoritarianism" and its proponents have sometimes developed controversial positions on such issues as population policy. There have also been a number of situations where radical environmental activists have broken the laws of democratic societies in pursuit of ecological objectives and the (...) book examines this in a number of case studies on biotechnology, genetic engineering and biodiversity. This is a significant contribution to the literature on environmental politics, ecological thought and democracy. (shrink)

The laws of physics, because they are cast in terms of homogeneous variables, fall short of determining outcomes in heterogeneous biological systems that are capable of an immense number of combinatoric changes. The universal laws are not violated and they continue to constrain, but specification of results is accomplished instead by stable configurations of processes that develop in a nonrandom, but indeterminate manner. The indeterminacy of physical laws puts an end to Deist speculations and necessitates an alternative (...) to the mechanical-reductionistic metaphor for nature. An antithetical Heraclitan metaphysics, called ‘Process Ecology,’ entails a dialectic between centripetal creation and centrifugal decay in which nature, humanity and the Divine can all potentially participate. The dialectic can be quantified and tracked using information measures applied to networks of processes to allow for the statement and testing of falsifiable hypotheses. Creation no longer appears as an emergent enigma, but rather as a core phenomenon of Process Ecology that allows for free will, Divine intervention, intercessory prayer and a necessary tolerance for petty evil. No longer is ‘heat death’ the inevitable and only endpoint of the cosmos. Rather, the course of the universe may include as well the production of ‘perpetual harmonies’ akin to Teilhard’s ‘Omega Point.’. (shrink)

The prevailing economic paradigm, in which a closed circular flow of production and consumption can be described in terms of 'natural laws ' of the equilibrium of market forces, is being challenged by our growing knowledge of complex systems, particularly ecosystems. It is increasingly apparent that neo-classical economics does not reflect social, economic and environmental realities in a world of limited resources. The best way to understand the problems implicit in the concept of 'sustainable development ' is provided by (...) Ecological Economics – a new synthesis in which the traditional virtue of thrift is justified using modern ideas from systems theory and thermodynamics. (shrink)

Ecological humanism is a new broadened form of human ethics that coming into being as an answer to an ecological crisis and an ideology of total consumption. There are two approaches in basing of ecological humanism. The first of them is founded on traditional human values or on anthropocentrism. Milieu is considered as important living conditions that must be conserved with great care but the number of one is man here. The second approach is more radical. It (...) strives to overcome anthropological egoism and is based on Earth-altruism. Its credo can be presented as general weal for all geobiocoenosis. Good is all that helps to preserve integrity, stability and beauty of Earth-community. Stable development can be defined as safeguarding of human living inharmony with ecological systems. As it is well known, 57-th session of UNO announced that 2005-2014 years will be devoted to a program of education for stable development. The Mongolian Government asseverated a national program of ecological education for Mongolia from 1997. Its main object was a forming of common ecological culture for stable development. This program provided:‐ ecological training for common life‐ laying organizing structures and law grounds‐ co-ordinating tacks of stable development with other national projects‐ including ecological knowledge in educational programs.We think also that there is need to elaborate new human ethics that could provide new common living culture for Mongols. There is ecological ethics or ecological humanism that, above all, will remove a tradition of human predominance over nature and establish equality between human beings and animate nature. (shrink)

Cognition means different things to different psychologists depending on the position held on the mind-matter problem. Ecological psychologists reject the implied mind-matter dualism as an ill-posed theoretic problem because the assumed mind-matter incommensurability precludes a solution to the degrees of freedom problem. This fundamental problem was posed by both Nicolai Bernstein and James J. Gibson independently. It replaces mind-matter dualism with animal-environment duality -- a better posed scientific problem because commensurability is assured. Furthermore, when properly posed this way, a (...) conservation law is suggested that encompasses a psychology of transactional systems, a biology of self-actional systems, and a physics of interactional systems. For such a solution, a theory of cognition for goal-directed behaviour is needed. A sketch is supplied for how such a theory might be pursued in the spirit of the new physics of evolving complex systems. (shrink)

To generate explanatory theory, ecologists must wrestle with how to represent the extremely many, diverse causes behind phenomena in their domain. Early twentieth-century plant ecologists Frederic E. Clements and Henry A. Gleason provide a textbook example of different approaches to explaining vegetation, with Clements allegedly committed, despite abundant exceptions, to a law of vegetation, and Gleason denying the law in favor of less organized phenomena. However, examining Clements's approach to explanation reveals him not to be expressing a law, and instead (...) to be developing an explanatory structure without laws, capable of progressively integrating causal complexity. Moreover, Clements and Gleason largely agree on the causes of vegetation; but, since causal understanding here underdetermines representation, they differ on how to integrate recognized causes into general theory---that is, in their methodologies. Observers of the case may have mistakenly assumed that scientific representation across the disciplines typically aims at laws like Newton's, and that representations always reveal scientists' metaphysical commitments. Ironically, in the present case, this assumption seems to have been made even by observers who regard Clements as naı¨ve for his alleged commitment to an ecological law. (shrink)

The political, economic and environmental policies of a hegemonic, oligarchic, political-economic international caste are the origin and cause of the ecological and political dystopia that we are living in. An utilitarian, resourcist, anthropocentric perspective guides classical economics and sustainable development models, allowing the enrichment of a tiny part of the world's population, while not impeding but, on the contrary, directly inducing economic losses and environmental destruction for the many. To preserve the integrity of natural systems we must abandon the (...) resourcist anthropocentric ethical fiction that is the current moral foundation underlying our relationship with nature and instead promote the realization of a new developmental landmark for democratic institutions: direct democracy, i.e. democracy truly governed by the people for the people, and ultimately for nature as well. (shrink)

The law of the future faces fundamental challenges that it cannot overcome by means of ‘tried and trusted’ dogmatics alone. Nor can it, from a methodological standpoint, take refuge in a purportedly apolitical hermeneutics or a one-sided application of empirical methods. Its responsibilities are not exhausted in mere steering, innovation or stimulating operations, but also encompass critical-emancipatory functions. Methodological reflection and legal critique - understood as social theory in the ‘interior’ of law - enable legal doctrine to meet the particular (...) demands that arise from the simultaneous affiliation of jurisprudence to the systems of law and science. The future development of legal studies thus requires a foundational research approach that preserves the interdisciplinary connection to neighbouring disciplines in the humanities and social sciences, and provides impetus for enlightened self-critique and self-reflection. Only in this way - through the emergence of jurisprudence from its self-incurred ignorance regarding its social function - might legal practice assert itself in everyday legal life and confront the injustices of the legal world with its own thinking. Such critical legal thinking demands more than just the perpetuation of traditions based on the history of ideas. Nor can it be satisfied through the mere cultivation of empirical approaches to reality. It must aim to develop and unfold a normative concept of law, and write this forward into the future. It derives its essential reflective potential from social-theoretical modelling and methodological development. In the process, the reciprocal confrontation and translation of rival theoretical models opens new learning possibilities not to solve legal conflicts, but to treat them more judiciously. Here, it is above all the foundational legal subjects that, through their discrete approaches and perspectives, open diverse and flexible entryways to the potentialities and actualities of law and, particularly in light of new cases, ensure the necessary variance of options for perception and action. The future of law resides in experimental testing and innovative discovery, in the creative quest for alternative possibilities and possible realities, in the critical and constructive struggle for the law of the future - as the ecological law of future life in the next bio-digital society. (shrink)

I argue that any approach to affordances that stays close to the letter of the law is not able to account for human agency and meaningful experience….

Phenomenological resources can be used to develop a nonanthropocentric theory of ecological values that gives rise to an obligation for moral agents. There is logical space in Edmund Husserl’s early theory of value that is inclusive of nonhuman animals and vegetation as members of a life community (Lebensgemeinschaft) possessing ecological characteristics. Within this legal space is a characterization of ecological obligation that is not tied to any single moral law, as it is in deontological ethics and utilitarianism, (...) but founded on the complex value nexus of a given ecological community. Rather than judging the “rightness” or “wrongness” of actions on the law-based and single-rule philosophical theories of normativity found in modern humanism, this Husserlian inspired account locates a conception of ecological obligation that is immanent to the values operative in a given environing world. This particular experience of ecological obligation arises when the valuation of the goods of individual members of the ecological community conflict with one another and the weighing of these competing goods is appropriately accomplished in light of a communal good. (shrink)

This article serves as an introduction to the laws-of-biology debate. After introducing the main issues in an introductory section, arguments for and against laws of biology are canvassed in Section 2. In Section 3, the debate is placed in wider epistemological context by engaging a group of scholars who have shifted the focus away from the question of whether there are laws of biology and toward offering good accounts of explanation(s) in the biological sciences. Section 4 introduces (...) two relatively new pieces of science – metabolic scaling theory and ecological stoichiometry – that have not been topics of much discussion by philosophers but are relevant because they have at least some of the hallmarks of laws of nature. Section 5 concludes by pointing out that discovering laws of biology, if any there be, will not necessarily answer the questions raised by the debate in the first place: we will still want to know how biology compares to other sciences, how to characterize its systems and processes, and whether accounts in terms of laws always or usually constitute adequate explanations in various sciences. (shrink)

This article defends laws in the social sciences. Arguments against social laws are considered and rejected based on the "open" nature of social theory, the multiple realizability of social predicates, the macro and/or teleological nature of social laws, and the inadequacies of belief-desire psychology. The more serious problem that social laws are usually qualified ceteris paribus is then considered. How the natural sciences handle ceteris paribus laws is discussed and it is argued that such procedures (...) are possible in the social sciences. The article ends by arguing that at least some social research is roughly as well as confirmed as good work in evolutionary biology and ecology. (shrink)

Calls for new forms of representation to protect the interests of future generations and non-human species have become common among green theorists. Examining these proposals critically, this article finds, first, that 'ecological representation' contradicts the virtues traditionally associated with representative government: creating a circuit of legitimacy between voters and political authorities; preventing abuses of power; keeping law neutral with respect to the worth of competing values. It concludes, second, that our environmental predicament is not essentially the fault of inadequate (...) representation. The logic of representation itself is part of the problem. Ecological democrats must look to other participatory models. (shrink)

The social ecological model (SEM) is a conceptual framework that recognizes individuals function within multiple interactive systems and contextual environments that influence their health. Medical Legal Partnerships (MLPs) address the social determinants of health through partnerships between health providers and civil legal services. This paper explores how the conceptual framework of SEM can be applied to the MLP model, which also uses a multidimensional approach to address an individual’s social determinants of health.

There has been a significant amount of uncertainty and controversy over the prospects for general knowledge in ecology. Environmental decision makers have begun to despair of ecology's capacity to provide anything more than case by case guidance for the shaping of environmental policy. Ecologists themselves have become suspicious of the pursuit of the kind of genuine nomothetic knowledge that appears to be the hallmark of other scientific domains. Finally, philosophers of biology have contributed to this retreat from generality by suggesting (...) that there really are no laws in biology. This paper addresses these issues by providing a framework for thinking about general knowledge claims in ecology. It introduces a philosophical taxonomy that classifies generalizations into three broad categories – phenomenological, causal and theoretical. It then turns to the difficult problem of laws, arguing that, while there are probably no laws as that term has been understood in philosophy of science, it doesn't follow that everything in ecology is equally contingent. A mechanism for recognizing degrees of contingency in ecological generalizations is developed. The paper concludes by examining the implications of the analysis for the controversies noted at the outset. (shrink)