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By Breena Holland

This booklet advances a brand new distributional framework to lead the assessment and layout of environmental regulations. Drawing on services thought, specially as articulated in Martha Nussbaum's features method of justice, the publication proposes that environmental regulations should still target to safe the fundamental functions that guarantee that humans to reside a flourishing and dignified human existence. Holland starts off through developing safety of the average surroundings as relevant to securing those features after which considers the results for debates in environmental valuation, coverage justification, and administrative rulemaking. In every one of those parts, she demonstrates how a 'capabilities method of social and environmental justice' can reduce major and procedural inequities that outcome from how we overview and layout environmental rules in modern society.

Holland's proposals comprise valuing environmental items and companies as related - yet now not commensurable - around the related measurement of wellbeing and fitness of other humans, justifying environmental guidelines with appreciate to either the aptitude thresholds they safe and the potential ceilings they determine, and subjecting the results of participatory judgements within the administrative rulemaking approach to superior important criteria. In constructing and making use of this new angle to justice, Holland basically specializes in questions of family environmental coverage. within the ultimate bankruptcy she turns to theoretical debates approximately foreign weather coverage and sketches how her method of justice may tell either the philosophical grounding and sensible program of efforts to accomplish worldwide weather justice. enticing present debates in environmental coverage and political thought, the booklet is a sustained workout of either utilized and environmental political thought.

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Extra resources for Allocating the Earth: A Distributional Framework for Protecting Capabilities in Environmental Law and Policy

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27 Allocating the Earth This chapter problematizes current approaches to evaluating environmental policies in order to set the stage for introducing capabilities theory—and especially an expanded version of Martha Nussbaum’s capabilities approach to justice—as an alternative theoretical framework for valuing the envirÂ� onment and justifying its protection. In identifying the problems that challenge current forms of policy analysis, I focus on the themes of environmental valuation and policy justification.

Toward this end, I argue that a capÂ� abilities approach to environmental valuation can compare a policy’s impact on different people with respect to distinct capabilities, but it cannot (and should not) seek to make these impacts commensurable across the different capabilities of different people. Having proposed that we should value the environment in terms of its contribution to human capabilities (in Chapter 3), and what this requires valuing with respect to the environment (in Chapter 4), Chapter 5 addresses how we should justify environmental protection as a social goal.

The more recent deliberative approaches to valuation appeal to different political ideals, such as equality of political opportunity and procedural neutrality, but ultimately these ideals provide an insufficient justification for policies that protect the environment because they still monetize the environment’s value so that policies can be evaluated in the standard cost–benefit framework. Furthermore, I argue that even if such deliberative assessments of environmental value were not forced into the monetary terms that CBA requires, we would still have reason to question them on distributive grounds.

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