The role of law in adaptive governance

Ecology and Society : a Journal of Integrative Science for Resilience and Sustainability
Barbara A CosensEdella Schlager

Abstract

The term "governance" encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will neve...Continue Reading

Citations

Feb 15, 2020·Conservation Biology : the Journal of the Society for Conservation Biology·Amanda T StahlBarbara A Cosens
Aug 28, 2020·Conservation Biology : the Journal of the Society for Conservation Biology·Mark W Schwartz
Sep 4, 2021·Proceedings of the National Academy of Sciences of the United States of America·Barbara CosensJukka Similä

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