Should Trees Have Standing?: Law, Morality, and the Environment

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Oxford University Press, 2010 - Law - 248 pages
In this influential and enduring collection of essays, Christopher D. Stone argues that natural objects, such as trees, should be bestowed with legal rights through the appointment of special guardians who are designated to protect the "voiceless" elements in nature. Through the essays in this volume, Stone advances his thesis that the courts should acknowledge and protect the legal rights of threatened forests and endangered species by granting standing to objects and species themselves, as opposed to the humans that are adversely affected by pollution, deforestation, and other harmful actions. The 35th anniversary edition features updated chapters and new essays, including Stone's most compelling writings on topics such as legal rights for natural objects, climate change, agriculture in the 21st century, protecting the oceans, and the influence of ethics on courts and Congress in shaping U.S. environmental policy. A new Introduction and Epilogue, "Trees at Thirty-Five," narrate the reception of Stone's central thesis in various countries and appraise the present state of the environmental movement.
 

Contents

TOWARD LEGAL RIGHTS FOR NATURAL OBJECTS
1
CHAPTER 2 DOES THE CLIMATE HAVE STANDING?
33
CHALLENGES FOR THE NEW MILLENNIUM
79
CHAPTER 4 CAN THE OCEANS BE HARBORED?
89
CHAPTER 5 SHOULD WE ESTABLISH A GUARDIAN FOR FUTURE GENERATIONS?
103
CHAPTER 6 REFLECTIONS ON SUSTAINABLE DEVELOPMENT
115
CHAPTER 7 HOW TO HEAL THE PLANET
125
CHAPTER 8 IS ENVIRONMENTALISM DEAD?
141
Epilogue
159
Notes
177
Index
237
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About the author (2010)

Christopher D. Stone is J. Thomas McCarthy Trustee Chair in Law at the University of Southern California School of Law. A leading advocate for the environment, he has written for Harper's, The New York Times, The Nation, Boston Globe, and Los Angeles Times.

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