THE NEW CLASH OF GENERATIONS

António Pedro Dores,Marta De Sousa E Silva

doi:10.21783/rei.v6i3.400

António Pedro Dores, Marta De Sousa E Silva

Open Access

https://doi.org/10.21783/rei.v6i3.400

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Abstract

Unlike in the sixties, today's clash of generations is not about creating (post-)materialistic values. It is about human species survival. The fear of decay (of the Empire through war) and the hope of revolution ( coming back a new to a starting configuration) are similar. Social State´s financial sustainability or the new generation of energy sources are partial problems. How to have justice for all, including the environment?, that´s a global problem. The main and also repressed question is about how climate change will impose new ways of living on us all.Political and cognitive alienation from the main human problems is pushing emotional responses in different directions. Alienation closes political systems from population and from it springs populist irrationality in politics, racist and sexist scapegoating, consumers street uprisings, etc. Considering the regulatory function of the law over technology, social exclusion, war, one can assess the way modern law focuses on intergeneration relationships and how a healthy environment has been dismissed as a human right. For this propose one will consider the ongoing legal attempts to criminalize ecocide.

Highlights

LAW AND SOCIETYThe law studies what should be, sociology studies what is
We study the social characteristics of the exercise of the law, such as its social penetration, the ways in which societies escapade from the law, how institutions create a more stable space-time for themselves, in contrast with and in reference to the greater agitation of everyday life
In the face of the evidence of an environmental crisis, we present some improving essays of the law with special attention to the criminalization of the ecocide, including references to their presumed limitations

Summary

INTRODUCTION

The law studies what should be, sociology studies what is. The law favors liberal ideology, sociology prefers social democracy. It leads them to the extreme naivety of ignoring and alienating the references to environmental contexts indispensable to the reproduction of societies, claiming that they are not cultural: they are objects of natural sciences incompatible with the social sciences Both disciplines, and science, in general, have led us to - or at least did not stop us from reaching - the point of risk we are in. There’s eventually hopeful constitutional law, for example in Bolivia and Ecuador, that speaks of the need of creating earth law inspired in Andean indigenous cultural practices, people that have resisted to hundreds of years of genocide in the environment’s defense, to which they belong (Acosta, 2013) It is legislation limited by those constitution’s power instabilities and the conceptual lake of definition and practices. The question is how it was possible for the law to escape the necessity of protecting the environment, of regulating technologies, over the last centuries? Is law a protection factor of nature and of the part of humanity that is committed to it, or is law a combat tool against the part of humanity that beats in harmony with nature? Given the generational issue brought forth by underway 1441 youth movements, in what way can the law be either an instrument of destruction of the environment or one of harmonization between human life and the environment?

THE INERTIA OF LAW

DEVELOPMENTS

CONCLUSION