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Rethinking Decisionmaking in International Environmental Law: A Process-Oriented Inquiry into Sustainable Development

By Rebecca M. Bratspies

Abstract

Almost forty years ago, the United Nations began recognizing a \u22rising [environmental] crisis of worldwide proportions.\u22 Around the same time, the New Haven School was building worldwide \u22a jurisprudence of human dignity.\u22 That jurisprudence, a combined effort of sociologist Harold D. Lasswell and law professors Myres S. McDougal and Michael Reisman, described itself as \u22a contextual, policy-oriented jurisprudence, postulating as its overriding goal the dignity of man in an increasingly universal public order.\u22 Drawing on insights from the social and behavioral sciences, Lasswell and McDougal developed an elaborate system of legal analysis intended to flesh out the core values of human dignity, and the processes necessary to translate those values into universal theories of legal decisionmaking. Their process-oriented jurisprudence produced an impressive body of scholarship. It remains one of the major theories of law and one of the few that attempts to account for law in both domestic and international arenas

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2007
OAI identifier: oai:digitalcommons.law.yale.edu:yjil-1300
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