autonomy, natural, ecolawgic, law, cultural norms, environment, regulation, protection
Is autonomy "natural"? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In 'Autonomy in the Anthropocene," the preceding article in this issue, Jason MacLean challenges the thesis of Ecolawgic. MacLean argues that autonomy is not a feature of neutral legal systems but a product of cultural norms and regulation. He maintains that Ecolawgic's prescription provides neither optimal economic outcomes nor effective environmental protection. The purpose of this article is to reply to MacLean's critique and to argue that there is only one legitimate rule to govern legal relations between competent adults.
Bruce Pardy, "The Only Legitimate Rule: A Reply to MacLean's Critique of Ecolawgic" (2017) 40:1 Dal LJ 323.