78236 Environmental Ethics
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
The subject explores those systems and processes that concern environmental and ecological justice. What types of justice issues, for example, stem from government decisions to orchestrate the operation of high risk or pollutant industries in areas inhabited by disadvantaged communities? How do populations in a developing country obtain justice when a multi-national corporation poisons the drinking water? Environmental justice originally focused on distributive justice, or in the context of environmental law, the distribution of environmental risks and benefits among humans. The notion, however, quickly extended to include matters concerning capacity, recognition and procedural justice. Linked to, but separate from, environmental justice is ecological justice, that focuses on the claims of non-humans to their place in nature and their portion of the world's resources. This part of the subject links ecological justice theory to environmental criminology and examines issues such as over-fishing and laws relating to wildlife smuggling.
Overlaying these concepts is the notion of environmental ethics that considers the nature and extent of normative restraints that should inform human interactions with the living and non-living components of the environment. The subject examines these issues, against the backdrop of the role of law in enforcing and protecting environmental rights and responsibilities. Examples and readings are widely drawn, including from international law, and comparative case studies.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Apply an integrated understanding of theories of ethics, environmental ethics, justice and environmental justice in a complex and varied legal contexts |
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| 2. | Analyse, and synthesise information, about the drivers of environmental degradation at both a domestic and international level, and reflect on the impact of these drivers on issues in environmental ethics and environmental justice |
| 3. | Critically reflect on the evolution of environmental ethics and environmental justice and the differing understandings of these concepts in jurisdictions and regions around the world |
| 4. | Identify, evaluate and apply established theories to hypothetical and real-world situations and reconcile environmental, economic and human interests in the context of the environmental ethics and environmental justice discourse |
| 5. | Critically reflect on personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)
Teaching and learning strategies
Strategy 1: Preparation for Learning
UTS Online is where students access learning materials, such as journal articles, book chapters, video clips, podcasts, hypotheticals and problem questions. The seminars are interactive, and it is essential that students complete the readings, watch assigned video clips and engage with questions designed to stimulate class discussion. The learning activities in the seminars will be based on these materials and include collaborative discussion, problem solving and role-plays. Students need to timetable sufficient time for the amount of reading required, as understanding the required reading is essential for succeeding in this subject.
Strategy 2: Collaborative group work and role-play exercise.
Students will work collaboratively in assigned groups. The collaborative process will be scaffolded in stages over the course of the seminars. The scaffolding process starts with the formation of the groups, the groups working on an ice-breaker, leading to students working on hypotheticals, role-plays and problem solving in their assigned groups, culminating in the presentation of a complex problem. This strategy is designed to encourage social cohesion of the groups. Students are assigned to a group and must stay in their assigned group throughout the subject.
Strategy 3: Case Studies
Students are expected to engage with four case studies independently during this subject. These case studies form the basis of the group work assessment. Students will analyse, reflect on and synthesise information, knowledge and concepts relating to selected case studies that provide domestic, international and comparative perspectives. The case studies help students to understand that although environmental ethics and environmental justice developed separately they converge and overlap in real life examples. In addition, the case studies demonstrate that notions of environmental ethics and environmental justice differ in jurisdictions and regions around the world, encouraging students to consider the changeability of the concepts.
Strategy 4: Developing research skills
Research skills are essential for every lawyer and in this subject and area of law it is a key strategy for change. Material and discussions about theories of environmental ethics and environmental justice, together with the case studies that weave throughout the course provide tools and opportunities to practice and deploy students research and communication skills to advocate for change in this field.
Strategy 5: Ongoing Feedback
There will be opportunities to receive immediate feedback, during the seminar sessions, particularly responding to students’ understanding of the principles of environmental ethics and environmental justice and how these relate to “real world” situations. Summative feedback will also be provided in respect to written and oral assessments.
Subject Delivery
Block Learning
The subject comprises seminars held over three Saturdays, together with self-directed learning undertaken by students.
Seminars
This subject comprises three Saturday sessions involving 12 hours of face to face learning, together with online self-directed study and collaboration.
Self-Directed Learning
Students will prepare before each seminar session by completing readings, watching video clips, listening to podcasts and engaging with questions to stimulate class discussion. Students are also expected to engage with the case studies that form the basis of the group work assessment.
Content (topics)
- Introduction
- Theories of Justice
- Theories of Environmental Justice
- Theories of Environmental Justice
- Theories of Ecological Justice
- Environmental Ethics: .
- Relationship of Environmental and Ecological Justice to Environmental Ethics
- International Law
- Comparative approaches: the US, UK and Australia
- Case Study: Climate Change
- Case Study: Invasive Species
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0 and 5.0 |
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| Weight: | 20% |
Assessment task 2: Group Presentation and Facilitation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 4.0 and 5.0 |
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| Weight: | 30% |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 4.0 and 5.0 |
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| Weight: | 50% |
| Length: | 3,500 Words |
