Research Catalog

Title

Essential injustice : when legal institutions cannot resolve environmental and land use disputes / Benjamin Davy.

Author

Davy, Benjamin.

Publication

Wien ; New York : Springer, c1997.

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Holdings

Details

Description

xxiii, 512 p. : ill.; 23 cm.

Summary

Increasingly, legal institutions cannot resolve disputes over the siting of hazardous waste facilities. One reason for the impasse between developers, regulators, and opponents is the inability to establish a fair distribution of environmental burdens.Since justice is a key element of resolving environmental and land use disputes, "Essential Injustice" is about pollution, burden, and injustice. Is it just that developers make profits by imposing risks on others? Is it fair to restrict economic progress or private property for the comfort of anxious citizens? Does society equitably compel one community to tolerate extraordinary burdens for the benefit of the general public? Obviously, easy answers are not available, because pollution will not go away, some people are going to suffer, and injustice is inevitable. By listening to the victims of injustice, however, we can learn to avoid the consequences of environmental injustice. "Rarely is one privileged to review a seminal work, yet this is what lawyer Davy delivers with "Essential Injustice."

Subject

• Hazardous waste sites > Law and legislation
• NIMBY syndrome

Bibliography (note)

• Includes bibliographical references (p. [458]-500) and index.

Contents

Ch.1 -- Global plans and local pains: The misfortune of "orthodox" siting -- Ch.2 -- LULUs and the law: Legal institutions and facility siting -- Ch.3 -- East Liverpool, Ohio: A case study in incinerator siting -- Ch.4 -- "Whatever it takes": A review of the case study -- Ch.5 -- Satus populi suprema lex: Cooperation as a social virtue -- Ch.6 -- Leviathan's dilemma: Cooperation as a social vice -- Ch.7 -- Pure and simple justice -- Ch.8 -- "It's just ... unfair!": Essential injustice -- Ch.9 -- Other justices, other rationalities -- Ch.10 -- Junk justice: When one size just does not fit all.

ISBN

3211829512 (alk. paper)

LCCN

^^^96047985^

OCLC

36017127

Owning Institutions

Harvard Library