Consensus and Global Environmental Governance: Deliberative Democracy in Nature's Regime
Walter F. Baber and Robert V. Bartlett
Abstract
This book explores the practical and conceptual implications of the de facto necessity of consensus for development of international environmental law. Juristic democracy emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law. It would allow international law to be rooted in local knowledge and grounded in democratic deliberation and consensus. The aim is to construct a global jurisprudence based on collective will formation. Building on concepts presented in two previous books, Deliberative Environmental Politics and Glob ... More
This book explores the practical and conceptual implications of the de facto necessity of consensus for development of international environmental law. Juristic democracy emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law. It would allow international law to be rooted in local knowledge and grounded in democratic deliberation and consensus. The aim is to construct a global jurisprudence based on collective will formation. Building on concepts presented in two previous books, Deliberative Environmental Politics and Global Democracy and Sustainable Jurisprudence, the authors examine in detail the challenges that consensus poses for a system of juristic democracy. Baber and Bartlett analyze the implications of deliberative consensus for rule-bounded behavior, for the accomplishment of basic governance tasks, and for diversity in a politically divided and culturally plural world. They assess social science findings about the potential of small-group citizen panels to contribute to rationalized consensus, drawing on the extensive research conducted on the use of juries in courts of law. Finally, they analyze the place of juristic democracy in a future “consensually federal” system for earth system governance.
Keywords:
Consensus,
Deliberative,
Democracy,
International Law,
Environment,
Legitimacy,
Governance,
Rules,
Citizens
Bibliographic Information
| Print publication date: 2015 |
Print ISBN-13: 9780262028738 |
| Published to MIT Press Scholarship Online: September 2015 |
DOI:10.7551/mitpress/9780262028738.001.0001 |
Authors
Affiliations are at time of print publication.
Walter F. Baber, author
California State University
Robert V. Bartlett, author
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