Ecological Perspectives in Legal Methodology
Law as a discipline must also confront the climate crisis – and along the way, it may need to rethink established methods and theories. This is the focus of Nils Schaks, Professor of Public Law with a specialization in Life Sciences Law, at the Faculty of Law.
From Biology to Law
Nils Schaks has always been interested in topics related to biology, the environment, and health. He completed his civil service with a seabird protection association on the North Sea. «Especially in nature conservation, one quickly recognizes the tension between ‘law in the books’ and ‘law in action’», he notes. This experience also sparked his interest in legal questions. When choosing a course of study, he ultimately decided against biology and in favor of law – hoping to bring as many of his interests together as possible.
The desire to pursue a doctorate soon followed, though his eventual specialization came about more by chance: after attending a conference, he discovered a passion for the «niche» field of health law – and with it, the subject of his dissertation.
Life Sciences Law in Basel
Within health law, a branch of public law, Nils Schaks addresses issues such as health protection, pharmaceutical law, and the legal challenges posed by new technological developments. «With its focus on Life Sciences and the Center for Life Sciences Law at the Faculty of Law, the University of Basel offers the perfect environment for my research questions», he explains. He also values the fact that in Basel, research and teaching, as well as theory and practice, can be closely integrated.
In his research project Law and Nature, Nils Schaks explores how an ecological perspective can be incorporated into legal methodology.
A new Perspective on Law
Nils Schaks sees the motivation for his research in contributing to a «healthy tomorrow.» «In the face of climate change, legal scholarship must also evolve. By engaging with current problems, it can make its contribution to a livable future», he emphasizes. This is also the focus of one of his current research projects.
In the project Law and Nature, Schaks examines how an ecological perspective can be integrated into legal methodology. Modeled on Law and Economics, the approach is interdisciplinary, aiming to view law through the lens of other sciences. In this way, climate and environmental considerations should not be confined to a single area of legislation, but should fundamentally shape the foundations of legal scholarship.
This opens the possibility for law to develop in a more coherent and ecologically compatible way – allowing legal scholarship itself to become an active player in the ecological transformation.
Openness to new Perspectives
Nils Schaks was already convinced at the University of Mannheim, where he held a junior professorship in public law before coming to Basel, that legal scholarship benefits from greater interdisciplinarity. «There I became familiar with empirical-quantitative research as part of legal work. That experience has had a lasting impact on my research approach», he recalls.
His vision for the legal scholarship of tomorrow includes not only strengthening interdisciplinarity, but also encouraging greater confidence in data-driven research and moving away from hierarchical thinking. In this way, he hopes to inspire a legal scholarship that remains open to new perspectives and actively addresses the challenges of our time.
