Craig Anthony (Tony) Arnold
University of Louisville - Brandeis School of Law
Emory University - Department of Environmental Studies
October 22, 2012
Resilience and Law, Craig R. Allen & Ahjond S. Garmestani, eds., Columbia University Press, 2013
This book chapter proposes a bold sweeping set of characteristics of "adaptive law": features of the legal system that promote the resilience and adaptive capacity of both social systems and ecosystems. Law, particularly U.S. law, has been characterized as ill-suited to management of natural resources and the environment for resilience and sustainability. The maladaptive features of U.S. law include narrow systemic goals, mononcentric, unimodal, and fragmented structure, inflexible methods, and rational, linear, legal-centralist processes. This book chapter proposes four fundamental features of an adaptive legal system: 1) multiplicty of articulated goals; 2) polycentric, multimodal, and integrationist structure; 3) adaptive methods based on standards, flexibility, discretion, and regard for context; and 4) iterative legal-pluralist proceses with feedback loops and accountability. It then discusses these four features in the context of several socio-ecological issues and identifies needs for future study and development of adaptive law, particularly in light of panarchy theory about how complex, adaptive, interconnected systems change over time.
Number of Pages in PDF File: 45
Keywords: resilience, adaptive law, adaptation, adaptive management, panarchy, environmental law, ecoystems, polycentric law, multiscalar, systems, legal pluralism, endangered species, clean water act, wetlands, watersheds, ecosystem managementAccepted Paper Series
Date posted: November 16, 2012
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