Environmental Patriotism

BEYOND ENVIRONMENTAL LAW: POLICY PROPOSALS FOR A BETTER ENVIRONMENTAL FUTURE, David M. Driesen, Alyson C. Flournoy, eds., Cambridge University Press 2009

13 Pages Posted: 21 Nov 2008

See all articles by Christine A. Klein

Christine A. Klein

University of Florida Levin College of Law

Date Written: November 19, 2008

Abstract

This book is about the future of environmental law. To understand our proposals for the next generation of environmental law, it is useful to look backward to the first two generations. Each stage grew out of quintessential American values, articulated at the founding of our nation, but equally applicable to subsequent generations. Drawing upon these durable values, this book charts a course forward, encapsulated in two proposed laws: The "National Environmental Legacy Act" and the "Environmental Competition Statute." Although path-breaking in orientation, the proposals are rooted firmly in core American values. As such, they fit comfortably within the tradition this chapter calls "environmental patriotism" - the belief that a healthy natural environment promotes the strength and safety of the nation. This linkage of environmental laws and patriotism suggests that the priority placed upon environmental protection deserves to be on a par with that of national security.

Historically, the most successful laws have codified shared values, rather than imposed the will of a few upon the many (such as the unsuccessful laws of the Prohibition era). That is, the most enduring legal traditions can be viewed as an expression of patriotism, emerging from a powerful love of country and from the fundamental values that bind us together. In this context, patriotism serves as a rich, fertile soil containing basic nutrients - liberty, equality, happiness, optimism, strength, frugality, efficiency, industriousness, and individualism, to name but a few. This soil nourishes a variety of cultural norms and social institutions, many of which ripen into law. Just as different species of trees may thrive in different soil types - river birch in alluvial soils, the giant sequoia in deep sandy loams, the black walnut in well-drained clays - so also vigorous legal regimes draw upon a mix of values well-suited to the context. This introduction surveys America's unique brand of patriotism, tracing its deep roots in the country's physical landscape. Next, this introductory chapter describes how environmental law incorporated patriotic values throughout its first and second generations. Finally, the discussion introduces this book's proposals for the next generation of environmental laws, noting how they continue the American tradition of environmental patriotism.

Keywords: patriotism, environmental law, American values, sustainability

Suggested Citation

Klein, Christine A., Environmental Patriotism (November 19, 2008). BEYOND ENVIRONMENTAL LAW: POLICY PROPOSALS FOR A BETTER ENVIRONMENTAL FUTURE, David M. Driesen, Alyson C. Flournoy, eds., Cambridge University Press 2009, Available at SSRN: https://ssrn.com/abstract=1304157

Christine A. Klein (Contact Author)

University of Florida Levin College of Law ( email )

SW 2nd Ave at SW 25th Street
Gainesville, FL 32611
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
156
Abstract Views
1,518
Rank
341,599
PlumX Metrics