The Culture of Environmental Law and the Practices of Environmental Law Scholarship
Forthcoming in Ole W Pedersen, (ed) Perspectives on Environmental Law Scholarship (CUP)
14 Pages Posted: 27 May 2018 Last revised: 25 Jun 2018
Date Written: May 16, 2018
Abstract
In light of the variation found in environmental law scholarship and in light of the lack of commitment to a specific methodology among environmental law scholars, this chapter argues that environmental law scholarship is best conceptualised as a scholarly practice. A scholarly practice which is shaped by the legal culture of environmental law in which it operates. The chapter identifies a scholarly practice as a social endeavor in which the scholars taking part in the practice maintain a level of commitment to the maintenance of the practice. The commitment to the practice takes the form of the adherence to the un-written but mutually agreed set of understandings and ground rules. In environmental law scholarship such mutually agreed ground rules necessarily result in a practice which accommodates a wide range of perspectives on scholarship.
Keywords: Environmental law, legal scholarship, practice, legal culture, methodology
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