ABSTRACT

This chapter presents the agricultural runoff (or land-based runoff) dilemma as an epistemic challenge to law. The book is positioned in the web of science, technology, and law studies, or STS studies, probing the role that science has had in the EU’s regulatory actions. Also, the similarities between ecological governance and Earth system governance are explained. Strategic epistemology is chosen as the lens through which law, regulation, and governance are analysed, and similarities with post-empiricism and pragmatism are described, setting the foundation of the ensuing analysis critical to positivist theory while sensitive to questions of power. Acknowledging the need and prominence of axiological considerations is the unavoidable consequence.