The violence of silence: some reflections on access to information, public participation in decision-making, and access to justice in matters concerning the environment

The proposition put forth in this paper is that whether - and the extent to which - harm or potential harm to the environment (its natural resources, living beings, and their ecosystems) is identified, resisted, mitigated, or prevented is linked to the nature and scope of public access to informatio...

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Bibliographic Details
Main Author: Brisman, Avi (Author)
Format: Electronic Article
Language:English
Published: 2013
In: Crime, law and social change
Year: 2013, Volume: 59, Issue: 3, Pages: 291-303
Online Access: Volltext (lizenzpflichtig)
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Summary:The proposition put forth in this paper is that whether - and the extent to which - harm or potential harm to the environment (its natural resources, living beings, and their ecosystems) is identified, resisted, mitigated, or prevented is linked to the nature and scope of public access to information, participation in governmental decision-making, and access to justice - which are often referred to as "environmental due process" or "procedural environmental rights." Using examples in the United States of attacks on law school clinics and denial of standing in court, this paper argues that restrictions on public access to information, participation in decision-making, and access to justice create legacies and "cultures of silence" that reduce the likelihood that future generations will be willing and able to contest environmental harm.
Item Description:Literaturverzeichnis: Seite 301-303
ISSN:1573-0751
DOI:10.1007/s10611-013-9416-3