This chapter focuses on contractarian arguments to bring PSID into our political community. The most obvious argument is by showing that it is advantageous for other members of the community to include them in their ‘cooperative venture.’ This inclusion can be done either directly – by thinking of PSID’s social input differently – or indirectly – by showing that their integration into our community indirectly benefits us, even if they were mostly passive beneficiaries. This first kind of justification, I argue, seems empirically dubious and the latter offers a problematically derivative or contingent status to PSID. I conclude that taking a collectivist, multipartite stance on reciprocal relations to elaborate a kind of rule-contractarianism remains a promising avenue. However, for this argument to be convincing, the contingency objection ought to be met by rendering the inclusion of PSID as less of an opportunistic happenstance and more of a necessity based on their traits and on the nature of the contribution they can provide.

The arguments presented in Chapter 9 continue to hold for this chapter on environmental criminal law. But we also join the models from Law and Economics on criminal law, as we noted with Becker’s and Stigler’s analysis. Fundamentally, the key issues here are the ability to deal in non-monetary sanctions, the need to improve the reliability of the environmental criminal law system to actually result in full adjudication from discovery of the crime to sentencing and punishment, as well as the effective determination of the sanction given the known rate of prosecution likelihood. The ability to address environmental aggressors with something beyond financial punishment is a strong tool offered by environmental criminal law. As there is always extra gravitas in the loss of freedom; thus, the potential risk of incarceration provides a strong incentive when the financial tools fail. While environmental law has made great progress in the last fifty years, environmental criminal law remains less often implemented around the globe. It is clear from the Law and Economics literature that sound theoretical models support the use of environmental criminal law alongside other public law efforts.