RT Article
T1 The comparative jurisprudence of wildfire mitigation: moral community, political culture, and policy learning$dLloyd Burton
JF Oñati Socio-Legal Series
VO 3
IS 2
SP 234
OP 253
A1 Burton, Lloyd
LA English
YR 2013
UL https://krimdok.uni-tuebingen.de/Record/1744693846
AB The cultural and societal diversity in the jurisprudence of living dangerously reflects equally diverse views on the deeper question of law’s moral purpose. What duty of care does (or does not) a community owe to those at the greatest risk of harm to their homes and persons? And is there also a right to be left alone—to assume all the risks and all the responsibilities for one’s own well-being, neither helped nor hindered by the community of which one is a part? This article reports comparative research being done on two states in the U.S. that have used the law to answer these morally freighted questions in very different ways, with specific regard to land use regulation in forested areas where wildfires have taken many lives and destroyed billions of dollars in residential property.It also suggests how this same analytic framework might be applied to transnational research in other legal cultures also endangered by catastrophic wildfires, such as Australia and Spain.
CN 360
K1 Politische Kultur
K1 Disaster mitigation
K1 Policy learning
K1 Usa
K1 Australien
K1 Spanien
DO 10.15496/publikation-52940