Political Science 3334E Study Guide - Quiz Guide: Environmental Values

• School: Western University
• Department: Political Science
• Course: Political Science 3334E
• Professor: Tony Vernon

Document Summary

Polluting activitities generate also societal benefits (distribution of goods) = side effects (bads) resulting from goods". Environmental interests have no absolute protection, unlike property and human life; the law is primarily aimed at administrative control of degree of pollution (permits). Verwaltungsakzesorriet t: administrative dependency of environmental criminal law. Advantages: balancing of interests cannot be done in abstracto (by legislator, legality principle seems easier to respect (in a concrete permit, courts have an easier job (proofwise) Oldest model of environmental protection (60-70"s); classical welfare state criminalization policy: legislator broadly determines the conditions for criminal liability, while details are left to administrative authorities. Environmental values are only protected indirectly; criminal law is an addition to the system of administrative decisions (emission standards etc. ). Harm is not required: only abstract endangerment (as defined in the permit) or hindering inspection, e. g. storing hazardous waste without a permit. Model ii: concrete endangerment crimes with administrative predicates.