Hacia la ecologización del derecho en la conflictividad social. Estudio de caso (s)

Identifier:  TDX:3268

Handle: https://hdl.handle.net/20.500.11797/TDX3268

Authors:  Arenas Ferro, Javier Francisco

Abstract:
This Doctoral research exposes the ductility and indeterminacy of Law in the framework of the social and ecological crisis. In this context, actors with different competencies, capacities and political representation resort to Law to achieve objectives and safeguard their claims. In these struggles, Law appears as a neutral and technical language, which requires the translation of the conflict to its comprehensive scope. However, its conventional use strengthens hegemonic positions and perpetuate execrable conditions, which generates risks in a scenario of uncertainty and manifest injustices. For this reason, it's necessary to consider tools that optimize defensive opportunities available to vulnerable groups. This thesis explores an alternative reconstruction of Law. It interprets given concepts of jurisdictional authorities and analyses possibilities of arguing, but also resignifies and builds meanings. This meets the objective of this research and can potentially influence public policies. It's done from a cross-disciplinary perspective with emphasis on ecology, ecological economics and environmental ethics