On Seemingly Inconsistent Moral Statements in Swedish Environmental Law
Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
The Swedish Environmental Code constitutes the core of the Swedish environmental law. An aim of this study has been to gain a more precise understanding of what is being said in the objectives of the Environmental Code. Two interesting statements are made in the objectives, which must be understood since the objectives play an important role when the code is applied. The statements – that nature is worthy of protection, and that humans have a right to modify and exploit nature – give, however, rise to many questions, and are therefore not easy to understand just by reading the legal text. Does nature’s worthiness of protection imply limitations on our actions? If so, are such limitations sufficiently considered when stating that humans have a right to modify and exploit nature? Depending on how they are interpreted, the two statements could be consistent or inconsistent. By studying different legal sources, an interpretation has been made that nature is attributed both extrinsic and intrinsic value in the Environmental Code. The implications of these values have been analyzed philosophically, e.g. from the perspectives of deep ecology and deontological ethics, and compared to the statement that humans have a right to modify and exploit nature. It has been argued that if one wants to make an interpretation that involves the two statements being consistent – which is plausible, since inconsistency in legal texts is problematic in many ways – the expressed right to modify and exploit nature must be interpreted to be very limited.
Place, publisher, year, edition, pages
2013. , 18 p.
Social Behaviour Law
Samhälls-, beteendevetenskap, juridik, Djupekologi, Etik, Filosofi, Hållbar utveckling, Intrinsikalt värde, Lag, Miljö, Miljöbalk, Natur, Pliktetik
IdentifiersURN: urn:nbn:se:ltu:diva-43054Local ID: 0f886943-8e04-4cb6-942a-40ff53d741f4OAI: oai:DiVA.org:ltu-43054DiVA: diva2:1016282
Subject / course
Student thesis, at least 15 credits
Jurisprudence, master's level
Validerat; 20130617 (global_studentproject_submitter)2016-10-042016-10-04Bibliographically approved