ABSTRACT

The primary response of law to contemporary ecological crises takes the form of environmental law. Environmental law has arguably predominantly functioned as a mitigating instrument whose strategic aim is that of containment: the ecological disruption of economic and industrial activities is to be mitigated, contained or otherwise reduced to the extent possible, and in a cost-effective manner, in line with liberal environmentalism. Environmental law’s key problematics are a reflection or a consequence of the broader legal ideology within which it emerged. Anthropocentrism is a central element of discussion in environmental philosophy and environmental ethics. Anthropocentrism is also widely identified as the crucial problem that affects legal modernity and particularly environmental law. Environmental law then is arguably affected by a ‘deep contradiction’, a contradiction that actually ‘extends, rather than resolves’ the pervasiveness and intensity of environmental problems. The chapter also presents an overview of the key concepts discussed in this book.