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Should Trees Have Standing?:Law, Morality, and the Environment [Kindle Edition]

Christopher D. Stone
5.0 out of 5 stars  See all reviews (4 customer reviews)

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Book Description

Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.


Editorial Reviews

Review


"Christopher Stone's book reflects a truly original contribution to the environmental law movement. Stone's unique idea about nature and natural objects-that perhaps they should have their own rights-is now ripe to be considered seriously by policymakers. As Stone suggested decades ago, and expands upon in his new book, the time has finally come to move from an anthropocentric to an eco-centric view of the environment."
-Jan G. Laitos, John A. Carver, Jr. Professor of Law
University of Denver Sturm College of Law


"The third edition of this book of essays demonstrates that Christopher Stone's ideas are as challenging, as eye-opening, and as thought expanding as they were when he first penned his landmark work. Clearly written and cogently argued, Stone's writing succeeds in being simultaneously provocative and persuasive."
-John S. Applegate, Walter W. Foskett Professor of
Law, Indiana University Maurer School of Law


"The publication of Christopher D. Stone's new essay collection, Should Trees Have Standing?, could not be more timely...To his credit, Stone does not shy away from these morally and legally troublesome issues. He confronts them head-on, often at length, and even takes his best stab at resolving some of them. Although this book does not provide all the answers (nor could it), it does give the reader plenty to ponder..."
--California Lawyer


About the Author


Christopher D. Stone is J. Thomas McCarthy Trustee Chair in Law at the University of Southern California School of Law. A leading advocate for the environment, he has written for Harper's, The New York Times, The Nation, Boston Globe, and Los Angeles Times.

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5 of 5 people found the following review helpful
5.0 out of 5 stars Absolutely Critical Reading September 10, 2010
Format:Paperback
Christopher Stone clearly qualifies as one of the "fathers" of the rights of nature. This absolutely critical reading presents a clear, concise, and grounded vision for the foundation of a movement from treating nature as mere property to treating natural systems as entities with rights. Stone's work was recently part of the foundation and inspiration for the work of people in Ecuador to make the rights of nature a part of their new Constitution. An absolutely critical read for anyone who wonders why the current environmental "movement" is not achieving the sustainable planet that we all want and need.

A must read for everyone who wants to change the rules of the game to a system in which nature's rights are recognized and enforced.
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3 of 3 people found the following review helpful
5.0 out of 5 stars Who speaks for the environment? June 20, 2010
Format:Paperback
Published just two weeks before the Gulf Oil disaster, the updated "Should Trees Have Standing?: Law, Morality, and the Environment" takes on extra significance in arguing that the environment itself has an important place in the debate over how much human damage should be tolerated.

First published in 1972, author Christopher D. Stone's arguments have taken on new urgency, laying out a case that environmental issues can't be seen only from the human perspective and that trees, the land and the water are themselves worthy of rights. This edition updates his initial argument, noting that his original argument seemed over the top 38 years ago, but have won fans and legal support. As he notes, the argument that streams or forests have no standing because they don't speak has no meaning when corporations are granted rights alongside people. Part of the argument is that future generations of people have a right to a quality environment but Stone's argument runs deeper, explaining current case law and the tussle over the definition of legal standing. He also assesses the place and success and failure of environmentalism itself.

This is an honest look at the effects of his own argument, a good legal analysis of what the courts and individuals have decided to accept and a forward-looking assessment of what could come next. Students of environmental issues, lawyers and others will find this book a valuable tool in understanding the issues beyond the effects of poisoned water or destroyed mountain tops on humans and into a eco-centric view of what we should be doing.
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5.0 out of 5 stars SHOULD TREES HAVE A STANDING. November 30, 2012
Format:Paperback|Amazon Verified Purchase
This book is very helpful to have if you are a community activist interested in saving trees and maintaining the canopy of your neighborhood and city. It is not only informative, and makes an excellent argument toward the rights of trees, but it is a particularly good thing to wave about at City of Miami Historic Preservation Board hearings where we regularly go to appeal tree removals.
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