147
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_13
Quantum Mechanics and Law: What Does
Quantum Mechanics Teach Us?
Orsolya Bányai
Abstract In this chapter the modern natural sciences, especially the findings of the
subjective interpretation of quantum mechanics will be integrated into legal theory.
The chapter builds on the thesis that ecological problems occur because man-made
law is not consistent with the fundamental laws and principles that govern how the
Universe functions. According to the author, these higher fundamental rules, similarly as in the legal theory of St. Aquinas, are different in their nature. Therefore, the
study distinguishes between eternal and universal laws. Eternal laws are transcendental in their nature and universal laws are immanent. In order to handle ecological
crisis in an effective way, these higher rules should be acknowledged and followed
by human law. The meaning and the content of eternal and universal truths is also
discussed here. This idea presented in this chapter is underpinned by the theory of
Pitrim Sorokin on social and cultural dynamics, as the presented worldview fits in
Sorokin’s Idealistic/Integrative Truth. Furthermore, as an ‘integrative’ worldview, it
also fits into the interdisciplinary Integrative Worldview Framework (IWF). Finally,
the main points of this chapter are assimilated in the findings of contemporary environmental law literature.
1 Environmental Crisis in a Nutshell
Our planet and our society are experiencing an ecological crisis. According to the
scientific community, our society, by overstepping certain ecological boundaries,
impaired the ecosystems of the Earth so much that the planet will not able to ensure
safe living conditions for humanity. A few of these planetary boundaries (e.g., climate change, biodiversity loss) have already been violated and others (e.g., the
decline of natural resources as metals, freshwater, forests) will be transgressed soon.
O. Bányai (*)
University of Debrecen Faculty of Law, Environmental and Labour Law Department,
Debrecen, Hungary
e-mail: banyai.orsolya@law.unideb.hu
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_13
Quantum Mechanics and Law: What Does
Quantum Mechanics Teach Us?
Orsolya Bányai
Abstract In this chapter the modern natural sciences, especially the findings of the
subjective interpretation of quantum mechanics will be integrated into legal theory.
The chapter builds on the thesis that ecological problems occur because man-made
law is not consistent with the fundamental laws and principles that govern how the
Universe functions. According to the author, these higher fundamental rules, similarly as in the legal theory of St. Aquinas, are different in their nature. Therefore, the
study distinguishes between eternal and universal laws. Eternal laws are transcendental in their nature and universal laws are immanent. In order to handle ecological
crisis in an effective way, these higher rules should be acknowledged and followed
by human law. The meaning and the content of eternal and universal truths is also
discussed here. This idea presented in this chapter is underpinned by the theory of
Pitrim Sorokin on social and cultural dynamics, as the presented worldview fits in
Sorokin’s Idealistic/Integrative Truth. Furthermore, as an ‘integrative’ worldview, it
also fits into the interdisciplinary Integrative Worldview Framework (IWF). Finally,
the main points of this chapter are assimilated in the findings of contemporary environmental law literature.
1 Environmental Crisis in a Nutshell
Our planet and our society are experiencing an ecological crisis. According to the
scientific community, our society, by overstepping certain ecological boundaries,
impaired the ecosystems of the Earth so much that the planet will not able to ensure
safe living conditions for humanity. A few of these planetary boundaries (e.g., climate change, biodiversity loss) have already been violated and others (e.g., the
decline of natural resources as metals, freshwater, forests) will be transgressed soon.
O. Bányai (*)
University of Debrecen Faculty of Law, Environmental and Labour Law Department,
Debrecen, Hungary
e-mail: banyai.orsolya@law.unideb.hu