Ferdinando G. Menga

Environmental Emergency and Intergenerational Justice. Some Problematic Trajectories from a Legal-Philosophical Perspective

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Abstract

The recognition of the «protection of the environment, biodiversity and ecosystems, also in the interest of future generations» by the recent reform of Article 9 of the Italian Constitution triggers a re-examination and discussion of the main conceptual and institutional difficulties with regard to the realization of genuine and adequate paths for the intertemporal preservation of the planet and intergenerational justice. The aim of this paper is to present the main ethical, political and legal dilemmas on this issue and, at the same time, to indicate a suitable model of recognition so that future-oriented claims can find a real space for their inclusion in institutional collectives.

Keywords

  • Intergenerational Justice
  • Environmental Ethics
  • Constitutional Unity
  • Asymmetrical Recognition
  • Legal Phenomenology
  • Hans Lindahl

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