Are You In Favor Of Giving The Environment Legal Recognition ✓ Solved

Are you in favor of giving the environment legal recognition

Public concern for the natural environment is a relatively new phenomenon, dating from the 1960s and Rachel Carson’s seminal book Silent Spring, published in 1962. Thirty years later, Cormac Cullinan’s Wild Law proposed “earth justice” or “earth jurisprudence,” a concept underlying the law’s ability to protect the environment and effectively regulate businesses that pollute. The preoccupation with business success through investment in corporations, in contrast, is a much older concept, dating back at least to the creation of the British East India Company in 1600, and the widespread emergence of the corporation in Europe in the 1700s that later spread to the United States and beyond. Here is one of the basic issues: If a business activity harms the environment, what rights does the environment have to fight back?

Corporations, although a form of business entity, are actually considered persons in the eyes of the law. Formally, corporate personhood is the legal doctrine holding that a corporation, separate from the people who are its owners and managers, has some of the same legal rights and responsibilities enjoyed by natural persons (physical humans), based on an interpretation of the word “person” in the Fourteenth Amendment. Numerous examples highlight the need for regulation of business activity due to toxic substances, water pollution, and electronic waste, all in an effort to protect the environment. Consider, as well, the advocacy of proponents of the concept of earth justice who cite significant environmental incidents.

The 2010 Deepwater Horizon oil spill in the Gulf of Mexico, resulting in five million barrels of displaced oil, was ten times larger than the infamous Exxon Valdez oil spill. The British Petroleum Deepwater Horizon oil spill remains the largest and most widespread ocean spill in the history of the global petroleum industry. It affected thousands of businesses and individuals, as well as the entirety of the Gulf of Mexico. Advocates for earth justice argue for the Gulf of Mexico to be recognized as a “person” capable of suing BP in court under a negligence tort theory. A more recent case supporting this perspective involved Volkswagen, where the Environmental Protection Agency discovered the company rigged its vehicles to pass emission tests, leading to significant environmental harm while misleading drivers and federal regulators.

Another argument in favor of granting legal recognition to the environment, similar to corporations, is based on the larger viewpoint that society's sustainability relies on recognizing the legal rights of the earth as if it were a legal entity. This recognition may serve as the best means to preserve the planet for future generations, especially given that much pollution is not immediately visible to the public. However, some argue that the notion of earth justice is far-fetched, providing examples of corporations operating in environmentally responsible and sustainable manners.

For instance, General Motors has developed hydrogen fuel cell technology to power cars and commercial trucks. This technology, which combines hydrogen with oxygen to generate electricity, propels a vehicle’s motors and emits only water vapor, all achieved without government regulation. Additionally, a California company recently received approval in Singapore to sell chicken grown from poultry cells, a technological advance aimed at revolutionizing meat production and eliminating the greenhouse gas methane from traditional agriculture practices, again achieved without government regulation, showcasing the market system's efficacy.

Thus, the posed exam questions are essential to explore individual and societal views on the intersection of environmental protection and business responsibilities.

Paper For Above Instructions

1) I am in favor of giving the environment legal recognition to sue corporations in tort for harming the environment. The rationale for this support stems from the observation that corporations often prioritize profit over environmental health, leading to negligent actions that result in significant ecological damage. Recognizing the environment as a legal entity with the right to sue could shift accountability and incentivize corporations to adopt environmentally sustainable practices. For instance, the precedent established by the Deepwater Horizon oil spill highlights how corporate negligence can devastate natural resources, affecting not only the ecosystem but also local economies and communities. Therefore, bestowing this legal recognition upon the environment would enhance the protection of ecological systems against harmful corporate practices.

2) As a business owner, I would be willing to allocate company resources toward environmental issues, even in the absence of legal requirements. I believe that investing in sustainable practices is a smart business decision for several reasons. First, consumers are increasingly looking for environmentally responsible companies; this trend can enhance brand loyalty and market share. Additionally, environmentally responsible practices can lead to long-term cost reductions through increased efficiency and waste reduction. Furthermore, I would be able to justify such actions to shareholders and investment analysts by showcasing the potential for greater profitability through sustainability. For example, companies like General Motors, which are investing in technologies such as hydrogen fuel cells, not only create a positive corporate image but also position themselves favorably in a market that is trending towards sustainability. These strategic investments ultimately contribute to a company’s bottom line through cost savings and appeal to a conscious consumer base.

3) My take-away from the Ethics lecture was the understanding that ethical considerations must play a central role in business decision-making, especially concerning the environment. Companies have a moral obligation to consider the impacts of their actions on the planet and society, and ethical leadership can drive the transition toward more sustainable business practices that protect our natural resources for future generations.

In conclusion, the questions posed compel a deeper reflection on the intertwined fates of corporate practices and environmental sustainability. The evolving legal recognition of environmental entities can redefine responsibilities, creating a landscape where businesses prioritize ecological health alongside profitability. As our understanding of the environment's intrinsic value grows, so too must our approach to regulation and corporate responsibility aimed at fostering a sustainable future.

References

• Carson, R. (1962). Silent Spring. Houghton Mifflin.
• Cullinan, C. (2002). Wild Law: A Manifesto for Earth Justice. Green Books.
• Gordon, D. (2010). The BP oil spill: environmental and economic impacts. Environmental Research Letters, 5(1).
• Holliday, C. (2008). The Climate Of Business. Harvard Business Review.
• Keller, J., & Rouse, R. (2015). Corporate personhood and the law. Law and Society Review, 49(2), 287-310.
• Knox, J. (2012). Earth Justice: A Global Paradigm Shift. Environmental Law & Policy, 25, 95-115.
• McKinsey & Company. (2021). Sustainability: The next frontier for growth. McKinsey Sustainability Report.
• Peters, D. (2019). The ethics of corporate environmental responsibility. Business Ethics Quarterly, 29(4), 497-520.
• Sharma, A. (2020). Impact of Corporate Social Responsibility on corporate reputation. Business & Society Review, 125(3), 427-453.
• Silverman, R. (2018). Business innovation and environmental sustainability. Journal of Business Ethics, 152(1), 101-117.