La représentation de la nature devant le juge : Plaidoyer pour une épistémologie juridique du fictif
This paper explores the concept of Nature in a historical and theoretical dimension. The concept has two essential meanings for the legal scholar. Narrowly defined, that is in an ecological sense, it is known as the subject matter of a specialized branch of environmental law (Nature Protection Law)....
Guardado en:
| Autor principal: | |
|---|---|
| Formato: | article |
| Lenguaje: | FR |
| Publicado: |
Éditions en environnement VertigO
2015
|
| Materias: | |
| Acceso en línea: | https://doaj.org/article/d49c0f509abc45178b9d9360270f00c9 |
| Etiquetas: |
Agregar Etiqueta
Sin Etiquetas, Sea el primero en etiquetar este registro!
|
| Sumario: | This paper explores the concept of Nature in a historical and theoretical dimension. The concept has two essential meanings for the legal scholar. Narrowly defined, that is in an ecological sense, it is known as the subject matter of a specialized branch of environmental law (Nature Protection Law). In the broad sense, transmitted by the ancient world (natura), nature corresponds to reality as governed by the “laws” of nature (the naturel sciences). In the Western perception, this reality can be considered to be in an opposing relationship with the legal system, which is only fictitious. The author defends actually the dichotomy between physical reality (nature in a broad sense) and legal fictionalism. It is shown that fictionalism in general and the fictional techniques of legal personality and representation in particular are capable to protect effectively nature in the narrow (ecological) sense. In that context, the role of the judge is to be regarded, through the operation of the law, as an intermediary between the real world and the world of law. |
|---|