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The Rule of Law and the Right to Wat...

Stacey, Richard Ross.

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The Rule of Law and the Right to Water: Social and Environmental Justice through Law.

Record Type:	Electronic resources : Monograph/item
Title/Author:	The Rule of Law and the Right to Water: Social and Environmental Justice through Law./
Author:	Stacey, Richard Ross.
Description:	863 p.
Notes:	Source: Dissertation Abstracts International, Volume: 75-07(E), Section: A.
Contained By:	Dissertation Abstracts International75-07A(E).
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3614901
ISBN:	9781303805974

The Rule of Law and the Right to Water: Social and Environmental Justice through Law.
Stacey, Richard Ross.

The Rule of Law and the Right to Water: Social and Environmental Justice through Law. - 863 p.

Source: Dissertation Abstracts International, Volume: 75-07(E), Section: A.

Thesis (Ph.D.)--New York University, 2014.

This item is not available from ProQuest Dissertations & Theses.

Constitutional democracies around the world are committed to the rule of law, and to a conception of social (or environmental) justice. This dual commitment raises the question of whether and how the rule of law, as a mechanism of government, can be effective in protecting and fulfilling substantive objectives of social justice. This dissertation makes three arguments in support of the central claim that upholding the rule of law can promote social justice. Discussions are located in the context of struggles for access to clean and sufficient water, since these struggles engage both social justice and environmental regulation and arise in legal systems throughout the world.

ISBN: 9781303805974Subjects--Topical Terms:

600858
Law.

The Rule of Law and the Right to Water: Social and Environmental Justice through Law.
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100 1 $a Stacey, Richard Ross. $3 3170123
245 1 4 $a The Rule of Law and the Right to Water: Social and Environmental Justice through Law.
300 $a 863 p.
500 $a Source: Dissertation Abstracts International, Volume: 75-07(E), Section: A.
500 $a Adviser: Christine Harrington.
502 $a Thesis (Ph.D.)--New York University, 2014.
506 $a This item is not available from ProQuest Dissertations & Theses.
506 $a This item must not be sold to any third party vendors.
506 $a This item must not be added to any third party search indexes.
520 $a Constitutional democracies around the world are committed to the rule of law, and to a conception of social (or environmental) justice. This dual commitment raises the question of whether and how the rule of law, as a mechanism of government, can be effective in protecting and fulfilling substantive objectives of social justice. This dissertation makes three arguments in support of the central claim that upholding the rule of law can promote social justice. Discussions are located in the context of struggles for access to clean and sufficient water, since these struggles engage both social justice and environmental regulation and arise in legal systems throughout the world.
520 $a The first argument is framed as a response to the challenge that the rule of law and social justice are fundamentally incompatible, and that commitments to social justice undermine the rule of law. This initial theoretical challenge, however, rests on a particular understanding of the rule of law that need not be accepted. The second argument proposes the idea of 'normative congruence' as a novel understanding of the rule of law that accommodates commitments to social justice: its essence is that upholding the rule of law involves compliance not only with formal rules but with the normative commitments underlying them also. The third argument holds that upholding the principles of the rule of law will meaningfully advance social justice when previously declared rules regulating government conduct are rationally connected to the conception of social justice that the regulatory system purports to achieve. Such a system has the characteristic of 'regulatory harmony'.
520 $a The dissertation presents a comparative analysis investigating whether four water law systems - in California, India, Florida and South Africa - display regulatory harmony. Concluding that South Africa's water law system does so, the dissertation asks why objectives of water justice remain elusive in South Africa, despite numerous judicial interventions. In addition to regulatory harmony, the institutional actors in the regulatory system must share a common understanding of how the conception of justice informs rules for official conduct. An empirical inquiry suggests that a lack of this 'institutional unity' explains regulatory failures in South Africa.
590 $a School code: 0146.
650 4 $a Law. $3 600858
650 4 $a Environmental Law. $3 676816
650 4 $a Political Science, International Law and Relations. $3 1017399
650 4 $a Sociology, Environmental Justice. $3 1670259
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710 2 $a New York University. $b Law and Society Program. $3 1682131
773 0 $t Dissertation Abstracts International $g 75-07A(E).
790 $a 0146
791 $a Ph.D.
792 $a 2014
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3614901