The role of law in adaptive governance

Barbara A. Cosens, Robin K. Craig, Shana Lee Hirsch, Craig Anthony Tony Arnold, Melinda H. Benson, Daniel A. Decaro, Ahjond S. Garmestani, Hannah Gosnell, J. B. Ruhl, Edella Schlager

Research output: Contribution to journalArticle

34 Citations (Scopus)

Abstract

The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action.

Original languageEnglish (US)
Article number30
JournalEcology and Society
Volume22
Issue number1
DOIs
StatePublished - 2017

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legal system
accountability
democracy
pollution
climate change
society
norm
rights
woman
minority
analysis
justice
effect
participation

Keywords

  • Adaptive governance
  • Administrative law
  • Environmental governance
  • Resilience
  • Water law

ASJC Scopus subject areas

  • Ecology

Cite this

Cosens, B. A., Craig, R. K., Hirsch, S. L., Tony Arnold, C. A., Benson, M. H., Decaro, D. A., ... Schlager, E. (2017). The role of law in adaptive governance. Ecology and Society, 22(1), [30]. https://doi.org/10.5751/ES-08731-220130

The role of law in adaptive governance. / Cosens, Barbara A.; Craig, Robin K.; Hirsch, Shana Lee; Tony Arnold, Craig Anthony; Benson, Melinda H.; Decaro, Daniel A.; Garmestani, Ahjond S.; Gosnell, Hannah; Ruhl, J. B.; Schlager, Edella.

In: Ecology and Society, Vol. 22, No. 1, 30, 2017.

Research output: Contribution to journalArticle

Cosens, BA, Craig, RK, Hirsch, SL, Tony Arnold, CA, Benson, MH, Decaro, DA, Garmestani, AS, Gosnell, H, Ruhl, JB & Schlager, E 2017, 'The role of law in adaptive governance', Ecology and Society, vol. 22, no. 1, 30. https://doi.org/10.5751/ES-08731-220130
Cosens BA, Craig RK, Hirsch SL, Tony Arnold CA, Benson MH, Decaro DA et al. The role of law in adaptive governance. Ecology and Society. 2017;22(1). 30. https://doi.org/10.5751/ES-08731-220130
Cosens, Barbara A. ; Craig, Robin K. ; Hirsch, Shana Lee ; Tony Arnold, Craig Anthony ; Benson, Melinda H. ; Decaro, Daniel A. ; Garmestani, Ahjond S. ; Gosnell, Hannah ; Ruhl, J. B. ; Schlager, Edella. / The role of law in adaptive governance. In: Ecology and Society. 2017 ; Vol. 22, No. 1.
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