The New Clash of Generations

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Presentation transcript:

The New Clash of Generations António Pedro Dores, http://iscte.pt/~apad Oñati, 2019, June 19th

Subjects Comparing baby boomers with millennials Comparing the emergence of ecological movements and its impact on politics and law Analyzing the value hierarchization at the political-institutional and the social-caring levels Analyzing generations´ activity drawing societies to come

Problems What are the uses of law? Is it the law prudent or conservative? Today legal instruments are enough to support the rule of law? What is going on?

What are the uses of law? Judicial and executive powers separated or colluded, regarding technologies regulations, environmental unprotection facing property exploitation rights? The democratization of the use of the law is enough to regulate the overwhelming environment consequences of industrialization?

Post post humanism Post humanist distopia (decay of 60´s spirit in new totalitarisms) Versus New holistic morals (Greta Thunberg´s movement)

Is it the law prudent or conservative? Post modern law draws an alliance between the state and society of citizens (welfare state) When the economic growth stop, the law unsupported general social interests to support globalization of the right of exploitation

Technology and law Freedom for technology development does not cover human species interests Corruption emergence is also a result of the law´s moral general dysfunction

Today legal instruments are enough to support the rule of law? Are today legal institutions able to join human species protection against climate risks? Anthropocentric hegemonic thinking is not it opposed to the conservation of the environment?

What is going on? Equador´s and Bolivia´s constitutional provision of environment rights Cases in Europe and the US against the state for the omission of action in protecting humanity The possibility of global youth social movement for action about the environmental crisis

Actual legal instruments are not effective Paris Agreement soft law 2002´s Rome statute to be applied by International Criminal Court does not present provisions about ecocide Earth Law thinking – primum non nocere. Provision of a relationship instead of property between people and nature, as between caretakers and children

Ecocide law 10 states already recognize the ecocide legal statute There are movements pushing an addendum to Roma statute on this matter There is a need for global provision and global guardianship

António Pedro Dores, http://iscte.pt/~apad The end António Pedro Dores, http://iscte.pt/~apad