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Law and the ecology of others : a socio-legal inquiry into ecological controversies

Abstract : Through a socio-legal and historical exploration of ecological controversies, this dissertation attempts to demonstrate the following thesis: that Western legal systems have historically tended to exclude the ecological practices and traditions of indigenous and other marginalized communities; and that the emergence and progressive structuration of discourses and legal regulations aiming at the protection of the environment have not resulted in a structural questioning of these dynamics. Yet, despite these patterns of discrimination within the law, our inquiry shall reveal that there exist a variety of avenues that could allow more inclusive legal arrangements, recognizing the ecological pluralism inherent to every human society. Can marginalized minorities, and most notably indigenous communities, be prevented from hunting endangered species, living in protected areas or using psychoactive substances, when these prohibitions violate their core ecological values? Under what conditions can legal institutions find a way beyond ethnocentrism and articulate ecological pluralism despite persisting colonial legacies? These are among the questions that this dissertation endeavors to address.
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Submitted on : Thursday, June 16, 2022 - 4:24:10 PM
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  • HAL Id : tel-03697301, version 1



Aurélien Bouayad. Law and the ecology of others : a socio-legal inquiry into ecological controversies. Law. Institut d'études politiques de Paris - Sciences Po, 2021. English. ⟨NNT : 2021IEPP0049⟩. ⟨tel-03697301⟩



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