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In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed. Cullinan proposes a new approach or "e;Earth Jurisprudence"e; and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.
This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.
Environmentally, our planet lacks the laws to keep it safe and those laws we do have are feebly enforced. Every new year is the hottest in human history, while forest, reef, ice, tundra, and species are disappearing forever. It is easy to lose all hope. Who will stop the planet from committing ecological suicide? The UN? Governments? Activists? Corporations? Engineers? Scientists? Whoever, environmental laws need to be enforceable and enforced. Step forward a fresh breed of passionately purposeful environmental lawyers. They provide new rules to legislatures, see that they are enforced, and keep us informed. They tackle big business to ensure money flows into cultural change, because money is the grammar of business just as science is the grammar of nature. At the head of this new legal army stands James Thornton, who takes governments to court, and wins. And his client is the Earth. With Client Earth, we travel from Poland to Ghana, from Alaska to China, to see how citizens can use public interest law to protect their planet. Foundations and philanthropists support the law group ClientEarth because they see, plainly and brightly, that the law is a force all parties recognize. Lawyers who take the Earth as their client are exceptional and inspirational. They give us back our hope. PRAISE FOR JAMES THORNTON AND MARTIN GOODMAN ‘Humanity's grace and dignity are restored each time a case is successfully brought and won … by these exceptional environmental lawyers.’ Sculpture
The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.
This book is a collection of re-written existing judgments and hypothetical judgments, that offer a 'wild law' perspective. Drawing its inspiration from various feminist judgment projects, this book opens up judicial decision-making to critical scrutiny from a wild law or Earth-centred perspective. In this respect, its experiment with different forms and processes for wild judicial decision-making, unsettles the anthropocentric and property rights assumptions embedded in existing common law, by placing Earth and the greater community of life at the centre of its judgments.
Earth Law: Emerging Ecocentric Law—A Guide for Practitioners is a book for students and practicing lawyers who seek to preserve a habitable planet and question whether current environmental law is sufficient for the task. Earth law is the emerging body of ecocentric law for protecting, restoring, and stabilizing the functional interdependency of Earth’s life and life-support systems. Earth law may be expressed in constitutional, statutory, common law, and customary law, as well as in treaties and other agreements both public and private. It is a rapidly developing field in many nations, municipalities, Indigenous communities, and international institutions. This course of study is for students and lawyers who know that nature and human environmental rights need to have seats at the table of law—in courts, legislatures, administrative bodies, enforcement agencies, and civil society. Professors and students will benefit from: The first legal coursebook comprehensively addressing ecocentric law and jurisprudence Thorough exploration of critical, rapidly evolving topics such as rights of future generations, atmospheric trust litigation, the public trust doctrine, ecocide, the climate necessity defense, Indigenous legalities, and rights of nature laws in their many forms Expansive examination of the settings in which Earth law is developing and the principles of Earth jurisprudence on which it is based A penetrating critique of environmental law frameworks developed since the 1970s. Practical and theoretical foundations for developing systems of ecological governance and the ethical responsibilities of lawyers, individually and collectively Accumulated knowledge, experience, and perspective of more than 20 authors and editors active in the field Practical tools for the Earth law practitioner’s toolbox
On 21 May 2019, it was officially recognized that we are now living in the Anthropocene, our earth’s latest geological epoch, named for the 'unmistakable imprint of human activities'. This announcement came almost 60 years after the publication of Rachel Carson’s landmark work of environmental writing, Silent Spring, and next year (2022) it will be 50 years since the first UN Conference on the Human Environment, held in Stockholm in June 1972. This book, Our Earth Matters: Pathways to a Better Common Environmental Future, is a special issue of the journal Environmental Policy and Law, which was first published in 1975. It presents 21 invited contributions by outstanding scholars from around the world, which examine existing global regulatory approaches, processes, instruments and institutions for the protection of the global environment. The articles are grouped under four headings: Prognoses, Processes, Problematique and Prospects, and in them the authors have sought to explore answers to the existential environmental crisis. They urge us to ponder our reckless destruction of natural spaces, endangering of plant and animal species, poisoning of the environment, and general disturbance of our essential ecological processes. The primary objective of the book is to raise the awareness of the global audience by inspiring scholars and decision-makers to re-examine current global approaches to environmental issues and explore the future trajectory with new ideas and frameworks for international environmental governance in the 21st century and beyond. The book will be of interest to all those working to secure the sustainable future of the human race on our only abode, planet Earth. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the journal Environmental Policy & Law (Amsterdam: IOS Press) and of the Yearbook of International Environmental Law (Oxford: OUP).
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.
This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.
""Reveals the 'sacred order of the cosmos' through fifty detailed maps within a five-part structure called the holonomic equation. According to holonomy--the law governing whole systems--and its ancient precursor, Chinese geomancy, human consciousness and intuition play a formative role in the structure and evolution of the universe. Through Argüelles' maps we see how nature presents itself, how man learns from and transforms nature, how nature evaluates man's transformation, and finally, how man and nature synthesize"--Back cover.