78236 Environmental Ethics
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject explores moral obligations stemming from humans’ relationship to the environment, and the role of law and legal systems in translating those obligations into ethical decision-making. An important part of the subject is the identification and evaluation of normative restraints that should inform human interactions with the living and non-living components of the environment. This draws students’ focus towards ecological justice theory and the claims of non-humans to their place in nature and their portion of the world's resources. The discussion also links ecological justice theory to the emerging field of compassionate conservation that examines the ethics of environmental decision-making in biodiversity protection, as well as analysing environmental criminology that examines issues such as over-fishing and laws relating to wildlife smuggling.
In addition to ecological justice, the subject also includes an analysis of environmental justice, a doctrine that originally focused on distributive justice, more specifically, the distribution of environmental risks and benefits among humans. Environmental justice, however, quickly expanded to include capacity, recognition and procedural justice. Its importance is demonstrated by evaluating real-world examples, such as government decisions that allow the operation of high-risk or pollutant industries in areas inhabited by disadvantaged communities; and how populations in developing countries can obtain justice when a multinational corporation poisons their drinking water.
Students study these topics against the backdrop of the role of law in enforcing and protecting environmental rights and responsibilities. Examples and readings are widely drawn, including from international law and comparative case studies. This means that while the subject is underpinned by legal theory, it also proffers an 'applied theory' approach so that student learning is practice-oriented. The theoretical and ethical components are used to evaluate and analyse issues and problem questions that deal with real-world environmental issues on which legal professionals provide advice in professional practice. The learning materials and assessments are designed to elicit discussion for both current environmental issues as well as those likely to occur in the future. Successful completion of the subject complements student learning in other environmental law subjects, including international environmental law, climate law and international trade law and the environment.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify the drivers of environmental degradation, and within the context of frameworks of environmental ethics, environmental justice and ecological justice, analyse, synthesise and critically reflect on the impact of these drivers on the living and non-living components of the environment. |
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| 2. | Evaluate critically, the evolution, understanding, and application of environmental justice, including capacity, recognition and procedural justice, in developing countries, disadvantaged communities and Indigenous populations. |
| 3. | Formulate, plan and present on a research topic capable of being researched and written in one teaching session. |
| 4. | Construct clear, original and persuasive written and oral arguments supported by effective legal research, which identifies and evaluates primary and secondary legal materials and interdisciplinary scholarship in order to investigate the effectiveness of international environmental regulation. |
| 5. | Reflect critically upon personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
b. Identify, synthesise and articulate complex legal and technical issues and apply advanced analytical skills to identify and generate clear, succinct and novel responses in professional practice or research. (3.1) - Research Skills
a. Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate advanced intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions.
b. Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions that are underpinned by ethical research practices in professional practice or research. (4.1) - Communication
a. Advanced professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.
b. Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised formats, including productive collaboration with professional teams and clients. (5.1)
Teaching and learning strategies
Strategy 1: Preparation for On-Campus Learning
To prepare for the interactive seminars it is essential that students complete the readings and watch the assigned video clips. All learning materials, such as, journal articles, video clips, podcasts, hypotheticals, book chapters, and the problem questions can be accessed from Canvas. The questions and hypothetical scenarios are used to stimulate class discussions, raise awareness and engagement with the challenges of integrating ethics and justice in environmental law. These materials are also used for a range of other class activities, including collaborative work and research activities. Sound preparation is vital to facilitating students being able to work collaboratively in class; it also enables student to build their understanding and monitor their progress through continuous feedback provided to them and their peers during class discussions. Being able to participate actively, in informed and meaningful discussion, hones individual understanding though collaborative development of analytical skills that assists in understanding and critique of the learning materials.
Strategy 2: Collaborative Learning.
Students work collaboratively in the same group (assigned by the subject coordinator) throughout the subject. This strategy encourages social cohesion of the groups. The collaborative process will be scaffolded (supported) in stages over the course of the seminars. Students are assigned into groups and work together on an ice-breaker, leading to engaging with hypotheticals and problem solving within their groups. Students will draw on their developing knowledge and understanding of the role of ethics and justice issues in law and policy to consider hypothetical scenarios, which assist in the formulation of their essay topic. Questions and hypotheticals undertaken as collaborative work are designed to allow students to evaluate the effectiveness of environmental law, using justice and ethics frameworks, while dealing with topics and issues that are typical of those that lawyers and policy-makers will encounter in the practice of environmental law.
Strategy 3: Developing research skills
Research skills are essential for every lawyer. The learning materials for this subject include a range of law, policy and theory relevant to environmental ethics and environmental justice. The learning materials, which are available from Canvas, provide tools and opportunities for students to practise their research skills by: researching to formulate the essay topic: researching to write the annotated abstract which will be presented to the class; and researching and writing the essay. Students will obtain formative feedback on the annotated abstract which includes formulation of the essay topic. The students will be able to incorporate this into the class presentation, where they will also obtain further formative and peer feedback.
Strategy 4: Seminar Learning Activities
The seminars will include a range of practical learning opportunities, such as, discussions, debates and practice problems that involve explaining and applying theories of environmental ethics and environmental justice to real world situations. These exercises are a form of authentic assessment (applied theory) where students identify and analyse the law, demonstrating their ability to distil legal issues and apply theory to a complex situation. To be able to participate effectively in the practical learning activities, attendance at seminars is required.
Strategy 5: Ongoing Feedback
Opportunities are provided for formal and informal feedback throughout this subject, starting from the first seminar. Two of the seminar days are scheduled before the census date providing students with opportunities to gauge their performance early in the subject. Students will receive informal feedback on their oral skills, knowledge of the law and quality of analysis of legal issues. This includes informal peer feedback on presentations as well as self-assessment by students on their class participation. To receive formative feedback on oral participation and presentations, attendance at seminars is required. Detailed criteria for the feedback and self-assessment are available from Canvas. Students self-assess their class participation and obtain feedback from their teacher at the beginning of the following session. Formal feedback is provided for the written assessments and includes feedback on the students’ ability to critique, articulate ideas, formulate an essay topic and synthesise research material. Students will obtain formative feedback on the annotated abstract which includes formulation of the essay topic. The students will be able to incorporate this feedback for the presentation of their essay topic, at which time, they will also obtain further formative and peer feedback.
Subject Delivery: The subject will be delivered in a blended learning block mode with extended seminar sessions over 4 Saturdays complemented with online studies and activities. Students are expected to attend and participate in the seminar sessions unless prevented by extenuating circumstances.
Content (topics)
- Theories of Justice
- Theories of Environmental Justice
- Theories of Ecological Justice
- Environmental Ethics:
- The relationship of Environmental and Ecological Justice to Environmental Ethics
- The relationship of environmental ethics and environmental justice to international environmental law.
- Comparative approaches: the US, UK and Australia
- Case Studies, selected from topical issues, such as, Climate Change, Biodiversity Protection, Invasive Species
Assessment
Assessment task 1: Collaboration and Class Participation.
| Intent: | Students demonstrate their application of essential knowledge and skills whilst collaborating with colleagues in circumstances that closely relate to professional practice, including “thinking on one’s feet”. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1 |
| Weight: | 20% |
| Length: | Word equivalent 1500 |
| Criteria: |
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Assessment task 2: Research Essay: Part 1 annotated abstract
| Intent: | This task scaffolds the research essay, promoting effective research skills and self-management. It is intended to assess analytical and research skills and forms the basis of the research essay. It also provides students with formative feedback they can incorporate into their essay |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.1 and 4.1 |
| Weight: | 20% |
| Length: | 1200 words (See further information). |
| Criteria: |
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Assessment task 3: Presentation of Research Essay
| Intent: | This task further scaffolds the research essay, promoting effective research skills, critical analysis and evaluation as well as communication skills. This next stage in the scaffolding of the essay assesses the ability to distil information and arguments, and present them clearly to an audience. It also provides students with further feedback they can incorporate into their essay |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
| Weight: | 10% |
| Length: | Word equivalent 700 words |
| Criteria: |
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Assessment task 4: Research Essay
| Intent: | This task, promotes the effective research skills and self-management. It is intended to assess analytical and research skills and student’s ability to incorporate formative feedback into their essay. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
| Weight: | 50% |
| Length: | 3,500 words (See further information). |
| Criteria: |
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Required texts
There is no prescribed text book for this subject. The reading materials will be available through UTSOnline.
Recommended texts
Some Recommended Texts are:
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Louis P Pojman, Paul Pojman and Katie McShane (eds) Environmental Ethics, Readings in Theory and Application, 14, Cengage Learning (2016)
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R Zelle, Grant Wilson, Rachlle Adam and Herman F Greene, (eds) Earth Law, Emerging Ecocentric Law – A Guide for Practitioners, Walters Kluwer (2021)
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Elli Louka, International Environmental Law: Fairness, Effectiveness, and World Order, New York, Cambridge University Press, 2006
- Val Plumwood, Environmental Culture: The Ecological Crisis of Reason, Routledge, 2001
Some recommended journals are:
- Environmental Ethics
- Journal of Agricultural and Environmental Ethics
- Journal of International Wildlife Law and Policy