Regulating From Nowhere Environmental Law And The Search For Objectivity

Drawing Insight From A Diverse Array Of Sources -- Including Moral Philosophy, Political Theory, Cognitive Psychology, Ecology, And Science And Technology Studies -- Douglas Kysar Offers A Theoretical Basis For Understanding Environmental Law And Policy. He Exposes A Critical Flaw In The Dominant Policy Paradigm Of Risk Assessment And Cost-benefit Analysis, Which Asks Policymakers To, In Essence, Regulate From Nowhere. As Kysar Shows, Such An Objectivist Stance Fails To Adequately Motivate Ethical Engagement With The Most Pressing And Challenging Aspects Of Environmental Law And Policy, Which Concern How We Relate To Future Generations, Foreign Nations, And Other Forms Of Life.