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Towards a legal toolkit for disaster resilience and transformation.

Authors :
Matyas, David
Source :
Disasters. Apr2021, Vol. 45 Issue 2, p453-476. 24p.
Publication Year :
2021

Abstract

Law is acknowledged as playing an important role in the growing field of disaster resilience. Still, a detailed inquiry into the possible relationships between law and disaster resilience remains largely absent from the discourse. This paper explores how legal thinking, approaches, and instruments can act as 'tools' in altering the nature and conditions of disaster risks. It looks at how state institutions can wield them and nonā€state actors employ them to participate in processes of change. Moving beyond a resilience literature that has tended to focus on law in terms of statutes, regulations, and human rights, this paper examines the ways in which legal reasoning, procedure, and substantive law can be instrumentalised to resist shocks, provoke incremental adjustments, or even foment transformational shifts in underlying risk conditions. It concludes by suggesting that law can offer both a breadth of insights for reconceptualising how power influences resilience and a number of instruments for challenging these power structures. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
03613666
Volume :
45
Issue :
2
Database :
Academic Search Index
Journal :
Disasters
Publication Type :
Academic Journal
Accession number :
149411592
Full Text :
https://doi.org/10.1111/disa.12430