In The Organisation of the Anthropocene, J. E. Viñuales explores the legal dimensions of the currently advocated new geological epoch called the Anthropocene, in which humans are the defining force. He examines in this context two basic propositions. First, law as a technology of social organisation has been neglected in the otherwise highly technology-focused accounts by natural and social scientists of the drivers of the Anthropocene. Secondly, in those rare instances where law has been discussed, there is a tendency to assume that the role of law is to tackle the negative externalities of transactions (e.g. their environmental or social implications) rather than the core of the underlying transactions, i.e. the organisation of production and consumption processes. Such focus on externalities fails to unveil the role of law in prompting, sustaining and potentially managing the processes that have led to the Anthropocene.
Jorge E. Viñuales, LL.B. (UNICEN), LL.B. (Freiburg), BA, MA (HEI), BA, MA (Geneva), LL.M. (Harvard), PhD (Sciences Po Paris) is the inaugural Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge, where he founded the Cambridge Centre for Environment, Energy and Natural Resource Governance (C-EENRG).
The Organisation of the Anthropocene
âJorge E. Viñuales
âAbstract
âIntroduction
âPart 1: Law in the Anthropocene Narrative
âPart 2: Ingraining Nature in Law
â3.1âOverview
â3.2âLaw Detached from Nature
â3.2.1âAn (Un-)Intended Consequence of Legal Positivism
â3.2.2âIllustration: Conceptions of Property
â3.3âThe Horizon of Law in the Anthropocene
â3.3.1âHans Jonas and the Horizon of Ethics
â3.3.2âThe Task for Law
â3.4âRevisiting Foundational Concepts
â3.4.1âTransactions-Externalities: The External Logic of
ââEnvironmental Law
â3.4.2âIllustrations: Conceptions of Sovereignty and ââCausality
âPart 3: Accounting for Inequality
â3.1âOverview
â3.2âLegal Organisation of Production
â3.2.1âOrganising Production for the Industrial
ââRevolution
â3.2.2âThe Law of Business Organisation
â3.2.3âStructuring Labour Relations
â3.2.4âPollution and Third Parties
â3.3âAsymmetric International Exchange Systems
â3.3.1âThe British Atlantic System
â3.3.2âThe Legal Organisation of Trade
â3.4âOperationalising Historical Responsibility
â3.4.1âLevel and Time-horizon
â3.4.2âIndustrialisation and the Historical Debt towards
ââAfricans
â3.4.3âThe Legal Representation of Future Generations
â3.4.4âPresent Allocations: Common but Differentiated ââResponsibilities
âPart 4: Legal Organisation of the Transition
â3.1âOverview
â3.2âAdaptive Legal Systems
â3.3âPromoting or Hindering the Transition
â3.4âLegitimising the Transition
âConclusion: A Research Agenda
âSelect Bibliography
All interested in understanding the meaning and implications of the Anthropocene for social organization.