will be used for this purpose. This theory is briefly presented in the second section of
the article. Some results of the evaluation of the German Fertiliser Ordinance
(‘Düngeverordnung’) using the theory of strong sustainability will then be presented.
In ecosystems, fertilization can have serious effects on the environment, for example, on biodiversity. It will be shown that tentative and rough evaluations of the
currently applicable fertiliser rules are possible. However, it is also shown that
further detailed work is unavoidable in order to meet the requirements for a comprehensible evaluation. In a final step, the problems and potentials of the evaluation
approach pursued in this article are pointed out.
2 Rules as Tools: Changes in Norms as Solutions
to Problems
If we want to solve a problem, we want to know what causes the problem and we
want to know how we can change the causes or effects so that we can solve the
problem. If a problem is caused by human activity or can be solved by human
actions, one way to solve a problem is to change behaviour. An important solution to
environmental problems lies in the change of human actions. We can change human
actions by changing physical conditions, e.g. by using physical boundaries or
material changes, or by changing normative conditions. Since actions are guided
by rules or norms, changing rules can be an important contribution to solving
environmental challenges. This is where rules come in handy. This is what rules
can be used for. So, in order to solve a problem by using rules, we need evidence
about the causes and evidence about the impact of rules for changing the causes. In
using rules, we are restricted by different constraints—we cannot use any rule, but
we should use good or right rules. Since rules are themselves the subject of critical
appraisal (e.g. in legislative processes) a comprehensible evaluation of rules is
desirable.
An important part of environmental legislation and policy-making consists in
designing and setting rules in order to solve problems (Kinzig et al. 2013). For the
following presentation of some ideas from a philosophical perspective and with a
special interest in “the meeting point of legal, political and social philosophy” (Hart
1979, 828), the intricacies of the policy-making process will not be considered. It is
taken for granted that one important part of policy-making consists in designing and
setting rules in order to solve problems and it is assumed that arguments play a
crucial role in policy-making. The argument-structures which will be presented are
idealizations. They are meant to capture the rational-logical not the psychological
side of the argumentation coin. Policy-making agents do not only have a moral duty
to set morally good rules but are also often legally obliged or politically motivated to
set the right or good rules. In the policy-making process we find at the different
stages arguments for justificatory propositions that policy agents should design or
implement certain rules. Which rules are the right, good or even best ones and should
A Framework for Evaluation of Normative Solutions to Environmental Problems
109
the article. Some results of the evaluation of the German Fertiliser Ordinance
(‘Düngeverordnung’) using the theory of strong sustainability will then be presented.
In ecosystems, fertilization can have serious effects on the environment, for example, on biodiversity. It will be shown that tentative and rough evaluations of the
currently applicable fertiliser rules are possible. However, it is also shown that
further detailed work is unavoidable in order to meet the requirements for a comprehensible evaluation. In a final step, the problems and potentials of the evaluation
approach pursued in this article are pointed out.
2 Rules as Tools: Changes in Norms as Solutions
to Problems
If we want to solve a problem, we want to know what causes the problem and we
want to know how we can change the causes or effects so that we can solve the
problem. If a problem is caused by human activity or can be solved by human
actions, one way to solve a problem is to change behaviour. An important solution to
environmental problems lies in the change of human actions. We can change human
actions by changing physical conditions, e.g. by using physical boundaries or
material changes, or by changing normative conditions. Since actions are guided
by rules or norms, changing rules can be an important contribution to solving
environmental challenges. This is where rules come in handy. This is what rules
can be used for. So, in order to solve a problem by using rules, we need evidence
about the causes and evidence about the impact of rules for changing the causes. In
using rules, we are restricted by different constraints—we cannot use any rule, but
we should use good or right rules. Since rules are themselves the subject of critical
appraisal (e.g. in legislative processes) a comprehensible evaluation of rules is
desirable.
An important part of environmental legislation and policy-making consists in
designing and setting rules in order to solve problems (Kinzig et al. 2013). For the
following presentation of some ideas from a philosophical perspective and with a
special interest in “the meeting point of legal, political and social philosophy” (Hart
1979, 828), the intricacies of the policy-making process will not be considered. It is
taken for granted that one important part of policy-making consists in designing and
setting rules in order to solve problems and it is assumed that arguments play a
crucial role in policy-making. The argument-structures which will be presented are
idealizations. They are meant to capture the rational-logical not the psychological
side of the argumentation coin. Policy-making agents do not only have a moral duty
to set morally good rules but are also often legally obliged or politically motivated to
set the right or good rules. In the policy-making process we find at the different
stages arguments for justificatory propositions that policy agents should design or
implement certain rules. Which rules are the right, good or even best ones and should
A Framework for Evaluation of Normative Solutions to Environmental Problems
109