Legal Pluralism as a Theory for the Challenges on Environmental Health
This paper intends to justify the theory of legal pluralism for studying environmental health issues. The positive law approach has made some headway, although some areas of environmental health seem to be incipient. Hard law has encountered difficulties to succeed in enforcing industrial pollution...
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| Format: | Article |
| Language: | English |
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Sello Editorial Universidad de Medellín
2019-06-01
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| Series: | Opinión Jurídica |
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| Online Access: | https://revistas.udem.edu.co/index.php/opinion/article/view/2880/2630 |
| _version_ | 1818030067387727872 |
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| author | Ronald Ralf Becerra Rodríguez |
| author_facet | Ronald Ralf Becerra Rodríguez |
| author_sort | Ronald Ralf Becerra Rodríguez |
| collection | DOAJ |
| description | This paper intends to justify the theory of legal pluralism for studying environmental health issues. The positive law approach has made some headway, although some areas of environmental health seem to be incipient. Hard law has encountered difficulties to succeed in enforcing industrial pollution or water contamination. Furthermore, national jurisdictions are prone to support particular economic interests. This conundrum of legal positivism encourages challenging it with the theory of pluralism. It is found that the latter might allow deliberation and active participation of non-state actors within environmental health. It is also discussed that the plurality of law allows certain flexibility due to its little hierarchization, the lack of theoretical rules and the relaxation of state sovereignty. |
| first_indexed | 2024-12-10T05:29:41Z |
| format | Article |
| id | doaj.art-36e2a7e49b9a4d87980a7b1b6b4d5872 |
| institution | Directory Open Access Journal |
| issn | 1692-2530 2248-4078 |
| language | English |
| last_indexed | 2024-12-10T05:29:41Z |
| publishDate | 2019-06-01 |
| publisher | Sello Editorial Universidad de Medellín |
| record_format | Article |
| series | Opinión Jurídica |
| spelling | doaj.art-36e2a7e49b9a4d87980a7b1b6b4d58722022-12-22T02:00:36ZengSello Editorial Universidad de MedellínOpinión Jurídica1692-25302248-40782019-06-011836233256https://doi.org/10.22395/ojum.v18n36a10Legal Pluralism as a Theory for the Challenges on Environmental HealthRonald Ralf Becerra Rodríguez0https://orcid.org/0000-0002-2691-8851Corporación Universidad Republicana, Bogotá, ColombiaThis paper intends to justify the theory of legal pluralism for studying environmental health issues. The positive law approach has made some headway, although some areas of environmental health seem to be incipient. Hard law has encountered difficulties to succeed in enforcing industrial pollution or water contamination. Furthermore, national jurisdictions are prone to support particular economic interests. This conundrum of legal positivism encourages challenging it with the theory of pluralism. It is found that the latter might allow deliberation and active participation of non-state actors within environmental health. It is also discussed that the plurality of law allows certain flexibility due to its little hierarchization, the lack of theoretical rules and the relaxation of state sovereignty.https://revistas.udem.edu.co/index.php/opinion/article/view/2880/2630legal positivismlegal pluralismenvironmental healthinterlegality |
| spellingShingle | Ronald Ralf Becerra Rodríguez Legal Pluralism as a Theory for the Challenges on Environmental Health Opinión Jurídica legal positivism legal pluralism environmental health interlegality |
| title | Legal Pluralism as a Theory for the Challenges on Environmental Health |
| title_full | Legal Pluralism as a Theory for the Challenges on Environmental Health |
| title_fullStr | Legal Pluralism as a Theory for the Challenges on Environmental Health |
| title_full_unstemmed | Legal Pluralism as a Theory for the Challenges on Environmental Health |
| title_short | Legal Pluralism as a Theory for the Challenges on Environmental Health |
| title_sort | legal pluralism as a theory for the challenges on environmental health |
| topic | legal positivism legal pluralism environmental health interlegality |
| url | https://revistas.udem.edu.co/index.php/opinion/article/view/2880/2630 |
| work_keys_str_mv | AT ronaldralfbecerrarodriguez legalpluralismasatheoryforthechallengesonenvironmentalhealth |