•  49
    It is increasingly clear that law and its enforcement in Victorian Britain were quite effective in tackling formative industrial problems concerning pollution and broader threats to nature. What is unclear is the political philosophy, if any, underlying this historic achievement. A prevalent view is that early ‘environmental’ law lacked any philosophical underpinning. The article revisits this issue with reference to Dicey’s analysis of 19th century ‘law-making public opinion’. Dicey identified …Read more
  •  21
    This article explores the shift in Rawls’ just savings principle away from an initial iteration that was indifferent to previous generational savings, to one in which past historical savings are the cornerstone of the motivation to save for future generations. Attention is given to the practical application of the revised principle in the field of the environment. The revised principle is argued to be an improvement on the initial one, because previous generations have an existence and identity …Read more
  •  6
    This paper deals with the role of tort in the field of chemical air pollution regulation during the period 1863, when the first statutory intervention occurred, and 1881, when reforms to both the common law and statute were enacted. It compares the prominence of tort in this context with its significance in the field of injury to factory workers. The implications of tort's relevance in these contexts are then examined, having particular regard to those historiographies of Victorian government gr…Read more