Civil Law essay
Protection of the environment should be a top priority for countries worldwide since failure to do so can lead to catastrophic events. According to scientists, climate change has increased exponentially in the past few years. This one of the biggest problems on earth. There exist other environmental issues of varying magnitudes that also need to be addressed. There are laws to deal with environmental matters and may be under civil or common law. Civil law refers to laws instituted through legislation regionally, nationally, or internationally. These laws are passed by committees, commissions, and other political or apolitical affiliations. On the other hand, common law refers to rules that have been established over time through court rulings. Civil law is usually well-documented, while common law is not always necessarily writer. The two laws, civil law and common law, each have their roles, advantages and disadvantages in dealing with environmental matters.
Civil Law
Civil law deals with rules and regulations instituted through legislation by the House of Representatives. Such laws can also be put in place internationally by bodies such as the United Nations. For instance, the 1972 Stockholm Declaration of the UN provided that people have the “right to a healthy environment” (Krstinić et al., 2017). Over time, many laws have been proposed and passed to protect the environment. Some of these laws include the Clean Water Act, the Endangered Species Act, and the Montreal Protocol. These laws are put in place, usually in response to a large-scale problem. They are instituted in response to necessities recognized in society. Although strict regulation is not always a key component of civil law protection of the environment, failure to abide by the laws leads to compensation in the form of damages or sanctions. Civil laws play a role in environmental protection by setting a standard that individuals, companies, and even governments must obey.
The application of civil law in environmental protection has some strengths. For one, these laws usually have heavy impacts. A large number of people feel their effects. For instance, the Montreal Protocol banned chemicals containing ozone-depleting hydrochlorofluorocarbons (HCFCs) and chlorofluorocarbons (CFCs). In turn, this reduced a full-blown climatic disaster by a few years (Cardoni, 2010). Additionally, they provide solutions to problems identified in society without having to establish a precedent. For instance, a person need not sue for such a law to be put in place. Instead, they come into existence as solutions for identified problems. Next, civil laws provide little wiggle room for people intending to break the law. Civil laws provide clear directives that are to be followed and will otherwise attract punitive measures. They do not provide plenty of room for defendants to negotiate their way out. The main strengths of civil laws are a positive impact on many people and clarity.
Civil laws are, however, accompanied by some weaknesses. Politics heavily influence some of these laws. The intertwining of politics and legislation makes the law-making process take a long time, which means that civil laws’ benefits take longer than necessary to be felt by the people they are meant to benefit. This also means that some laws that would prove beneficial are rejected in the bill stage for failure to garner enough votes. Additionally, these laws are not regulated strictly. An individual or a company can get away with breaking such laws. Another disadvantage of civil environmental laws is that they require regular amends to keep up with changing times. For example, the Clean Water Act was initially put in place to address water quality standards, but has since been amended to include oil spills and toxic pollutants (Cardoni, 2010). Civil law can be effective in combating environmental problems only if the people responsible for legislation and implementation take a hands-on approach.
Common Law
Common law is established through precedent. There are four main principles under common law dealing with environmental matters: nuisance, negligence, trespass, and strict liability (Buck, 2008). Nuisance refers to any act that causes injury, annoyance, or damage that endangers health, life, or property. It can be either private or public. Second, negligence is the breach of the duty of care, resulting in injury or loss to the person care is owed. For example, an employer can be held liable if their company releases toxic fumes that harm their employees. Trespass refers to intentional interference with another person’s property, for instance, entry into a property without the owner’s permission. Finally, strict liability refers to a law that, if the circumstances occur, places liability on to a person who keeps something likely to do damage if it is released or escapes. For instance, a family that knowingly keeps an unruly dog can be charged with strict liability if the dog breaks out of their home and bites a child, causing rabies. The Rylands v Fletcher court ruling established strict liability. Common laws are established through court rulings and act as legal precedent for cases that may follow.
The main strength of common laws is that they are beneficial to individuals and communities. They enable the coexistence of people within a society. For example, people must ensure that they are not a nuisance to their neighbors, for instance, by playing loud music. They also set guidelines for the operations of companies. For instance, companies must now be cautious with airborne material following the Fairview Farms, Incorporated v Reynolds Metals Company ruling (Thomas, 2019). In general, common law is effective in environmental protection.
Common law also has shortcomings. It is not as effective as civil law in dealing with large scale matters such as climate change. Due to this, common law does not have the wide impact that civil law does. Additionally, a legal precedent must be established before such a law is upheld. This reduces its efficiency. It is also highly subjective since a defendant can be let off if the economic activity that led to the case is deemed to be too important (Buck, 2008). For instance, if a person harms the environment during an effort to provide energy to their community, they can be excused by the court. Such a defendant can also claim to be bankrupt following their operations. Common law sometimes fails to hold people accountable for their actions. The many weaknesses of common law sometimes outweigh its strengths.
Conclusion
Protecting the environment involves small actions such as reducing noise pollutions and large ones such as reversing climate change. It is important to protect the environment, especially at this time when climate change threatens the earth with extinction. The power to influence change lies in the hands of the laws of the land. Civil and common law come together in different ways to deal with environmental issues. Civil law has the power to influence change in large-scale. On the other hand, common law can be used to tackle issues of a more specific nature. The two types of laws are relevant to environmental issues, and their proper application will help solve these issues.