The criminal law protection of our common home
On the criminal justice protection of the environment, the climate and the biodiversity
In recent times, after a long period of exaggerated confidence in progress, humanity has begun to develop a greater awareness of the need to protect the environment. This awareness has been decisive for the recognition of the human right to a healthy environment, the legislative development of legal tools for environmental protection and the conclusion of international agreements on this matter.
Criminal law has been part of this regulatory development, although many questions still remain unanswered. As a matter of fact, if criminal law alone cannot be able to solve such complex problems, none the less it should not fail to address the violation of the essential legal interests at stake.
To what extent can criminal law contribute to an integral ecology, inseparable from the notion of ‘common good’?
How does the protection of climate, environment and biodiversity relate to the respect of human dignity, to distributive justice and to justice between generations?
Is it fair to consider other species as mere ‘things’ or should they deserve a distinct status under criminal law?
The conclusions of the Symposium will be presented during the XX International Congress of Penal Law, Session on “Corporate Criminal Law and Environmental Protection” to be held on 15th November 2019 at Luiss University.