The Poverty of Theory: Public Problems, Instrument Choice, and the Climate Emergency

The instrument choice debate has been a fixture of environmental law for much the last three decades. While this led to sharper focus on relative merits different regulatory tools in confronting problems, it also left field unprepared conceive and implement an adequate response complex, multifaceted challenges such as climate change. Using case emissions trading, Article investigates how impoverished our conception government limited capacity respond crisis. central claim is that overly abstract theory underwritten widespread enthusiasm trading other forms carbon pricing over decades sharply diminished view public engagement problem solving. In advancing claim, makes main contributions. First, provides critical intellectual institutional history that, first time, situates within broader law, economics, political science. Second, uses develop demonstrate more reflexive policy instruments solving, showing mainstream constrained conceptions state its action jurisdictions around world. Third, finally, advances series normative claims seek rethink reimagine responsive expansive approach solving face looming emergency.