Tesi etd-12152022-144319
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Tipo di tesi
Dottorato
Autore
PRATTI DOS SANTOS MAGIOLI, GUILHERME
URN
etd-12152022-144319
Titolo
The legal façade of the contemporary technique phenomenon: law, environment and the quest for adaptation
Settore scientifico disciplinare
IUS/20
Corso di studi
Istituto di Diritto, Politica e Sviluppo - PHD IN DIRITTO
Commissione
relatore Prof. PALOMBELLA, GIANLUIGI
Membro Prof.ssa ZANICHELLI, MARIA
Membro Prof. KJAER, POUL
Membro Prof.ssa ZANICHELLI, MARIA
Membro Prof. KJAER, POUL
Parole chiave
- adaptation
- climate change
- european green deal
- globalization
- great acceleration
- technique phenomenon
Data inizio appello
24/03/2023;
Disponibilità
parziale
Riassunto analitico
From the XVIII century onwards, as the technique phenomenon became evermore complex and inseparable from the sciences, law too reached new heights and depths of complexity. And precisely as technique, law too grants the possibility of altering natural and cultural landscapes worldwide. However, this dissertation does not simply assert that law is a kind of technique. It purports that law is constitutive of the modern, and contemporary, technique phenomena, rather than being merely a technique among others.
To sustain such a thesis, the research is divided in three parts. The first of which reconstructs the initial philosophical debate on modern technique in the form of a somewhat ‘conversation’ between philosophers and jurists. Here the importance attributed to law (or lack thereof) and its role within the modern technique phenomenon is identified and critically appraised. The outcome of the first part is the evincing of a conceptualization of law within a strand of the philosophy of technique, as the ever-expanding, complex, rationality that secures the possibility of manipulating nature worldwide.
Part two aims at demonstrating how the constitutive role of law in the modern technique phenomenon unfolds and especially surfaces through the ways of coping with current pressing environmental and climate-related issues. In order to do so, the overarching conceptual framework evinced from the above ‘conversation on technique’ is used to assess the contemporary discussions on globalization and on the so-called ‘great acceleration’ period. Thus shedding light on the ever tighter nexus between technique, law, and nature. This analysis brings added value to the understanding of how the legal façade of the contemporary technique phenomenon is being currently deployed in face of the perils of climate change. A deployment illustrated by the case in point of the arch of development of the international environmental law field, as well as by considering the designing of the cross-cutting policies taken under the label of the European Green Deal.
Part three analyzes how the current overall quest for adaptation under the threat of climate change is tightening yet more the technique, law, and nature nexus. Therefore advancing the contemporary technique phenomenon and its legal façade. Special attention is paid to the possible impacts the structural changes stemming from the present stage of adaptation might have on the realm of the law.
To sustain such a thesis, the research is divided in three parts. The first of which reconstructs the initial philosophical debate on modern technique in the form of a somewhat ‘conversation’ between philosophers and jurists. Here the importance attributed to law (or lack thereof) and its role within the modern technique phenomenon is identified and critically appraised. The outcome of the first part is the evincing of a conceptualization of law within a strand of the philosophy of technique, as the ever-expanding, complex, rationality that secures the possibility of manipulating nature worldwide.
Part two aims at demonstrating how the constitutive role of law in the modern technique phenomenon unfolds and especially surfaces through the ways of coping with current pressing environmental and climate-related issues. In order to do so, the overarching conceptual framework evinced from the above ‘conversation on technique’ is used to assess the contemporary discussions on globalization and on the so-called ‘great acceleration’ period. Thus shedding light on the ever tighter nexus between technique, law, and nature. This analysis brings added value to the understanding of how the legal façade of the contemporary technique phenomenon is being currently deployed in face of the perils of climate change. A deployment illustrated by the case in point of the arch of development of the international environmental law field, as well as by considering the designing of the cross-cutting policies taken under the label of the European Green Deal.
Part three analyzes how the current overall quest for adaptation under the threat of climate change is tightening yet more the technique, law, and nature nexus. Therefore advancing the contemporary technique phenomenon and its legal façade. Special attention is paid to the possible impacts the structural changes stemming from the present stage of adaptation might have on the realm of the law.
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