2013
DOI: 10.5751/es-05927-180237
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Can Law Foster Social-Ecological Resilience?

Abstract: ABSTRACT. Law plays an essential role in shaping natural resource and environmental policy, but unfortunately, many environmental laws were developed around the prevailing scientific understanding that there was a "balance of nature" that could be managed and sustained. This view assumes that natural resource managers have the capacity to predict the behavior of ecological systems, know what its important functional components are, and successfully predict the outcome of management interventions. This paper ta… Show more

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Cited by 63 publications
(50 citation statements)
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“…There is also work on resilience in relation to legal structures, principles, and processes (e.g., Garmestani et al 2013), as well as core concepts of the rule of law (e.g., Ebbesson 2010) and to the making of normative choices of public interest, public and private responsibilities, and individual rights including equality before the law and nondiscrimination (e.g., Ebbesson and Hey 2013). West and Schultz (2015) conclude that the European Court of Human Rights constitutes an important site of learning for governance of social-ecological systems, because it situates knowledge and experience of environmental change in the context of discussions about the relative rights, duties, and responsibilities of social actors, facilitating the mutually adaptive evolution of truth and justice across scales.…”
Section: Capturing Resiliencementioning
confidence: 99%
“…There is also work on resilience in relation to legal structures, principles, and processes (e.g., Garmestani et al 2013), as well as core concepts of the rule of law (e.g., Ebbesson 2010) and to the making of normative choices of public interest, public and private responsibilities, and individual rights including equality before the law and nondiscrimination (e.g., Ebbesson and Hey 2013). West and Schultz (2015) conclude that the European Court of Human Rights constitutes an important site of learning for governance of social-ecological systems, because it situates knowledge and experience of environmental change in the context of discussions about the relative rights, duties, and responsibilities of social actors, facilitating the mutually adaptive evolution of truth and justice across scales.…”
Section: Capturing Resiliencementioning
confidence: 99%
“…Although US policy is now using the word "resilience", legal and policy instruments needed to provide local government with authority to manage, do not exist (Benson & Garmestani, 2011). Garmestani et al, (2013) suggest extensive legal reform based on the principles of reflexive law to enable resilience-based responses to environmental change.…”
Section: Resilience Reflectionsmentioning
confidence: 99%
“…Next, we identified cyclical activities taking place in the conservation organizations regarding the identified habitat network dynamics and asked what set the tempo and phase of these activities. We also examined how these organizations applied formal legal framework versus adaptive governance in conservation (Garmestani et al 2013). Finally, we asked the following questions to evaluate the institutional fit of conservation: Are conservation institutions able to identify and respond to decreasing habitat quality and availability within such time frames that can prevent habitat discontinuities for false heath fritillary metapopulations?…”
Section: Thematic Interviews and Conservation Reportsmentioning
confidence: 99%