The Theoretical Foundations of Intergenerational Ecological Justice: An Overview
Burns H. Weston
University of Iowa
Human Rights Quarterly, Vol. 34, pp. 251-256, 2012
U Iowa Legal Studies Research Paper No. 12-07
Abstract:
While few would deny that present generations have a moral obligation to preserve the environment for future generations, some theorists reject the existence of a legal duty in this regard. This article takes the opposite view. It argues that ample juridical as well as ethical social justice theory — contractarian distributive and reciprocity-based theories prominent among them — establishes that future generations have a legal right to a clean and healthy environment. But most helpful in ensuring intergenerational ecological justice, the author contends, is a respect-based theory of social justice which at its core honors the values that underwrite human rights law and policy inclusively conceived and embraced.
While few would deny that present generations have a moral obligation to preserve the environment for future generations, some theorists reject the existence of a legal duty in this regard. This article takes the opposite view. It argues that ample juridical as well as ethical social justice theory — contractarian distributive and reciprocity-based theories prominent among them — establishes that future generations have a legal right to a clean and healthy environment. But most helpful in ensuring intergenerational ecological justice, the author contends, is a respect-based theory of social justice which at its core honors the values that underwrite human rights law and policy inclusively conceived and embraced.
Number of Pages in PDF File: 17
Keywords: future generations, ecological justice, social justiceFull text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2009348
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