Abstract
An important characteristic of our subject is that the environmental context is essential to it. The international developments referred to, and the moral intuition they reflect, have made justice to future generations a global issue because of the risk of long-term environmental damage, and it is those risks justice to future generations is meant to avoid or to minimize. So no general account of rights and duties between generations is aimed at by the present book. I suspect that no such account could be given. According to John Rawls, “(how) the burden of capital accumulation and of raising the standard of civilization and culture is to be shared between generations seems to admit of no definite answer”18. We shall see while discussing Rawls that his argument on justice, which deals with savings in a general way, does not aim at defining particular burdens: it merely requires their impartial determination as between one generation and another on the basis of relative levels of welfare. I think it is a weakness of utilitarian theory to suggest that our relations with future people can be conceived in terms of a global and positive point of view, i.e. the principle of maximizing happiness19. No definite or at least no publicly ratified conceptions seem to fix the measure of intergenerational beneficence (except, partly, in totalitarian societies striving for maximum industrial growth). The only thing that can be said in a general way is that most people would probably agree with the statement that the world should be left to our children in a better state than we have received it in. This is an important point, of course, but it hardly provides us with clear directives for common action; the prior and more precise issue surely is, to what duties of justice we are held in a particular context such as the environment.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
Reference
See for international treaties: Birnie and Boyle 1992, 211–212 and 448–450, or Sands 1995, 200. An overview is also provided by WCED (Experts group) 1987, 43–45.
WCED 1987, 348–351. The summary is based on the more detailed legal formulations that are found in WCED (Experts group) 1987.
WCED 1987, 348; to be found as article 2 in WCED (Experts group) 1987, 43.
Cf.ibid.p.40–42 on the lack of direct support in international instruments or in provisons of municipal law. One should distinguish, from that general issue, the competence of individuals to present claims within the framework of specific municipal legislation.
Rawls 1971, 43.
Plater, Abrams and Goldfarb 1992, 357–360: Tanner et al.v.Annco Steel et al., US District Court, Southern District of Texas, 1972 (340 F.Supp.532).
Cfalso ibid., 365 for Mary Ann Glendon’s criticism of “rights talk”. “A claimed right to clean air or water, or safe products or workplaces, makes little sense in light of the need for close assessment, in particular cases, of the advantages of greater environmental protection, or more safety, as compared with the (sometimes) accompanying disadvantages of higher prices, lower wages, less employment, and more
Saladin and Zenger 1988, 105–106: they do make an exception for the urgent needs of presently living people which are incompatible with a full protection of future ecological interests; but this exception is limited to the respect of minimum conditions of human dignity (the living have a right to such respect as well).
National Audubon Society v.Superior Court (Mono Lake), Supreme Court of California, 1983 (33 Ca1.3d 419, 189 Cal.Reptr.346, 658 P.2d 709), in Plater, Abrams and Goldfarb 1992, 388. The public trust doctrine is discussed by these authors on 365412.
Cf.Rawls 1971, 114f on principles for individuals in connection with the principles of justice, which govern institutions.- Of course, the one level does’nt exclude the other: we feel we have a duty together (a duty that must lead to action on the public level) to prevent or sanction ecologically irresponsible behavior by individuals.
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 1999 Springer Science+Business Media Dordrecht
About this chapter
Cite this chapter
Visser ’t Hooft, H.P. (1999). Clarifying the Issue. In: Justice to Future Generations and the Environment. Law and Philosophy Library, vol 40. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-9103-4_2
Download citation
DOI: https://doi.org/10.1007/978-94-015-9103-4_2
Publisher Name: Springer, Dordrecht
Print ISBN: 978-90-481-5240-7
Online ISBN: 978-94-015-9103-4
eBook Packages: Springer Book Archive