ENV 3101 Lecture Notes - Lecture 7: Actus Reus, Soft Law, Control Order
15 Apr 2016
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Document Summary
When establishing a system of regulations, economics, social context, and the situation of the society/country in question needs to be taken into consideration. Normative tradition: the state is established to take into consideration the best interest of the public, to protect us from negative factors; fight for common good. Interest based: regulations monitor a series of clashing interests (between special interest groups, businesses, ngos, states, etc. ) Environmental regulations are meant to balance the interests of various groups, taking the interests of the environment into consideration. In some societies, the crime = punishment approach works; in others, it doesn"t. This is why social context, economics, and social culture must be taken into consideration. Command: statues/legislation (cepa, ceaa, etc. , regulations (municipalities, within businesses, etc. Eg. waste management: site-specific (case by case, policies and guidelines. 1, 2, and 3, are legally guidelines 4 is soft law , not enforceable, but expected.
