Law Ecology And The Management Of Complex Systems

This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called ‘adaptive management’ on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.

This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

Environmental law envisions ecological systems as existing in an equilibrium state, or a “balance of nature,” reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

This absorbing book provides a broad introduction to the surprising nature of change, and explains how the Law of Unintended Consequences arises from the waves of change following one simple change. Change is a constant topic of discussion, whether be it on climate, politics, technology, or any of the many other changes in our lives. However, does anyone truly understand what change is? Over time, mankind has deliberately built social and technology based systems that are goal-directed — there are goals to achieve and requirements to be met. Building such systems is man's way of planning for the future, and these plans are based on predicting the behavior of the system and its environment, at specified times in the future. Unfortunately, in a truly complex social or technical environment, this planned predictability can break down into a morass of surprising and unexpected consequences. Such unpredictability stems from the propagation of the effects of change through the influence of one event on another. The Nature of Change explains in detail the mechanism of change and will serve as an introduction to complex systems, or as complementary reading for systems engineering. This textbook will be especially useful to professionals in system building or business change management, and to students studying systems in a variety of fields such as information technology, business, law and society. Contents:What Do We Mean By Change?Some DefinitionsFailure by DesignInfluence, Boundaries and StructureChange in Complex SystemsPropagationModelling and Modelling MechanismsSimulationWhat Do We Do When a Change is Indicated?Implementing a SystemReal World Change: EUREKA ClassReal-World Change: Climate Readership: Students studying systems such as information technology, business, legal or social systems; professionals and academics in system building or business change management. Keywords:Change;Complex Systems;Socio-Technical;Systems Engineering;Information Technology;ManagementKey Features:This book is unique in addressing the mechanism of the phenomenon of change. It explains how and why waves of change sweep across a system, leaving unexpected consequences in their wakeProvides professionals who are system building, managing change in business or in any other spheres where change is happening, with a methodology to build systems in a continually changing environmentCan be used as an introduction to complex systems, or as complementary reading for systems engineering

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.

One common characteristics of a complex system is its ability to withstand major disturbances and the capacity to rebuild itself. Understanding how such systems demonstrate resilience by absorbing or recovering from major external perturbations requires both quantitative foundations and a multidisciplinary view on the topic. This book demonstrates how new methods can be used to identify the actions favouring the recovery from perturbations. Examples discussed include bacterial biofilms resisting detachment, grassland savannahs recovering from fire, the dynamics of language competition and Internet social networking sites overcoming vandalism. The reader is taken through an introduction to the idea of resilience and viability and shown the mathematical basis of the techniques used to analyse systems. The idea of individual or agent-based modelling of complex systems is introduced and related to analytically tractable approximations of such models. A set of case studies illustrates the use of the techniques in real applications, and the final section describes how one can use new and elaborate software tools for carrying out the necessary calculations. The book is intended for a general scientific audience of readers from the natural and social sciences, yet requires some mathematics to gain a full understanding of the more theoretical chapters. It is an essential point of reference for those interested in the practical application of the concepts of resilience and viability

There is an increased interest in integrating insights from the complexity sciences to studies of governance and policy. While the issue has been debated, and the term of ‘complexity’ has multiple and sometimes contested interpretations, it is also clear the field has spurred a number of interesting theoretical and empirical efforts. The book includes key thinkers in the field, elaborates on different analytical approaches in studying governance, institutions and policy in the face of complexity, and showcases empirical applications and insights.

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