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date: 17 February 2020

Abstract and Keywords

This chapter explains the use of our three-dimensional but zoomed-out cartography—referred to as ‘model-thinking’—to identify, map, and organize the building blocks of environmental law. It begins with an overview of instrumentalism in legal analysis, taking into account the cultural contribution of rule of law and how it may clash with instrumental use of law. It then examines three challenges that the cartographical approach may encounter and shows how to avoid them. The chapter goes on to emphasize how legal culture shapes environmental protection, and environmental law more broadly. It also explores attitude towards compliance as part of legal culture, ‘rights-based’ thinking in legal culture, and the constitutionality of environmental law before concluding with a discussion of the importance of model-thinking in terms of adding value as a mode of legal analysis in the context of national environmental law.

Keywords: comparative environmental law, legal methodology, legal culture

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