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• Scientific Uncertainty and the Enforceability of Environmental Liability

  67-85

  Katalin Sulyok

  Views:

  201

  This study examines the ways in which environmental liability for environmental harm is allocated under Hungarian laws and regulations and in the practice of domestic courts. Specifically, it focuses on how laws handle the uncertain nature of causal links between a given pollution and its possible source, and which actors should bear the costs of remediation. The study posits that the uncertain nature of scientific evidence impacts the way environmental liability can be allocated and enforced, as scientific evidence can never establish requisite causal links with absolute certainty. The article first enumerates and discusses the sources of scientific uncertainty and demonstrates that it inescapably burdens scientific evidence. It then examines how laws and regulations in force handle causal uncertainty and the ways in which liability for environmental harm is distributed among various actors. The study concludes with proposing legislative amendments in order to allocate environmental liability in a more equitable way in cases when the causal processes remain inherently uncertain.

• Quantum Mechanics and Law. What Does the Failure of Environmental Regulation Teach Us?

  60-82

  Orsolya Bányai

  Views:

  221

  The article first of all holds that environmental regulation has failed. This is because it is too weak to prevent the overstepping of ecological boundaries by humanity. This legal regulation reflects that human behavior is psychopathological. This collective mental illness may originate from false self-identification. Therefore, the author reviews the outcomes of modern natural sciences, such as quantum physics, cosmology, and non-local consciousness research. These results give sufficient support to argue, despite the traditional paradigm of materialism, that some aspects of consciousness are not limited by the space-time continuum. Moreover, all consciousness, regardless of its physical manifestations, is part of the universal Consciousness. From these scientific results, in line with ancient scriptures, an Eternal Order has evolved, which can be described at least by four fundamental and universal truths. This Eternal Order should be taken into account by positive law, if humanity wants to reach fulfillment within the ecological limits of the Earth.

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