This book is about how system thinking can better inform the law in terms of policy development, understanding normative conceptions of the law, cross-disciplinary conceptions of law, and potential inputs into drafting regulation for natural resource sectors. The aims of this book are to better reflect the real world with regulation recognising value of natural ecosystem services to address productive use of natural resource sectors, whilst contemporaneously balancing ecological protection.
This book asserts that system thinking uses a rule-based approach to thinking systematically about systems. This is very much about understanding the real world and addressing the many systems operating within it. Modern society faces many problems, and some of the most pressing are about use and exploitation of natural resources which sit within ecological systems. This book adopts a case study approach of the Victorian forestry sector and examines how this natural ecosystem has multiple ecosystem values capable of productive use, subject to not irretrievably damaging the resource base.
The main premise of the book is to use system thinking to align legal regulation to better reflect the natural ecosystem of the forest. The outcomes of this research posit that properly constructed regulation using system thinking in construction reflects the true nature of the ecosystem and the true value of multiple ecosystem values within that sector. True reflection of these values enables regulation to be constructed that acknowledges the ecosystem and multiple ecosystem values with an appropriate prioritization. The topics covered in this book are of potential interest to legal, science and sustainability scholars, town planners, economists, engineers, and government staff involved in regulation preparation and drafting.
Chapter 1: Systems thinking and its application to law and regulation: This introduces the reader to the nature of system thinking and how it is relevant to law/regulation and specifically natural resources regulation.
Chapter 2: Getting the regulatory model right through system thinking: This explores system thinking in getting the mental model right that approximates to the real world and ultimately helps provide input into the regulatory model
Chapter 3: Rules of system thinking: This develops from chapter 2 and considers rules of system thinking that help build the mental model that ultimately addresses the regulatory model. It is necessary, what the problem that is being addressed as well as what it is not doing. It is important to place practical boundaries around the complex problem being addressed, which in relation to forestry is what is required to address ecologically sustainable forest management.
Chapter 4: Visualizing information and structure: It is important for successful application of system thinking to identify structure within a particular problem that in turn is aligned to information. Information contributes to meaning that may help inform the law, but also structure that surrounds the problem contributes to meaning and also has inputs into how the mental model to address the problem is dealt with. This chapter tackles this problem to information and structure to give meaning to the mental model that ultimately provides a framework for the regulatory model
Chapter 5: Use of cognitive jigs relevant to the chosen natural resource sector: this chapter addresses analogies, metaphors, similes and categories that help understand the sector and relevant connections to the sector. The aim is to explore all relevant factors that may be inputs into the mental model that provides a framework for the regulatory model
Chapter 6: Structural Predictions: By understanding the causality that is inherent within different types of structures we may be able to address predictions on future outcomes and performance. This is about structure and causality and how the structure within the mental model can help address causal connections that can address better sustainability outcomes, which for forestry is reaching the objectives inherent within ecologically sustainable development. This feeds further into the regulatory model under construction.
Chapter 7: System thinking logic in regulation: this chapter addresses principles of logic relevant to construction of the regulatory model suitable for the subject natural resource sector. This helps to explore the correct inclusions and exclusions from the regulatory model.
Chapter 8: Application of the mental model to the chosen sector: this addresses the polycentric nature of the sector under examination and allows for an applied process adapting the mental model to the form of the regulatory model addressing the sectors network and multitude of stakeholders and constituent elements that properly addresses the multiple ecosystem values within the sector.
Chapter 9: Understanding individuals and organizations within the sector and taking account of scaling system thinking: the aim of this chapter is to ensure that constituent elements and stakeholders within the system are properly accounted for and allow for system thinking regulation to apply to them. This involves addressing who they are and taking account of scaling the approach to address individual entities needs.
Chapter 10: Building the regulatory model: This section builds on chapters8 and 9 by looking at the form of regulation that addresses the mental model and the needs of individual stakeholders and the implicit elements of the sector under review.
Chapter 11: The Sector governance model and regulation: Not only does the form of regulation address system thinking but its structure and content should inform and empower those making decisions within the sector. This chapter is about how leaders and managers within the sector are helped to apply system thinking in decision making induced from regulation also informed by system thinking.
Chapter 12: The Regulatory form and conclusion: This chapter brings together the earlier discussions and provides a conclusion on the overall form of regulation for the sector. Whilst it does not replicate an Act in its entirety, it does provide structure and guidance on regulatory form covering key areas relevant to ecologically sustainable forest management, equitable use of multiple ecosystem values from the forest and ecological protection.
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