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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 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.
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 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
This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.
Encyclopedia of the Anthropocene, Five Volume Set presents a currency-based, global synthesis cataloguing the impact of humanity’s global ecological footprint. Covering a multitude of aspects related to Climate Change, Biodiversity, Contaminants, Geological, Energy and Ethics, leading scientists provide foundational essays that enable researchers to define and scrutinize information, ideas, relationships, meanings and ideas within the Anthropocene concept. Questions widely debated among scientists, humanists, conservationists, politicians and others are included, providing discussion on when the Anthropocene began, what to call it, whether it should be considered an official geological epoch, whether it can be contained in time, and how it will affect future generations. Although the idea that humanity has driven the planet into a new geological epoch has been around since the dawn of the 20th century, the term ‘Anthropocene’ was only first used by ecologist Eugene Stoermer in the 1980s, and hence popularized in its current meaning by atmospheric chemist Paul Crutzen in 2000. Presents comprehensive and systematic coverage of topics related to the Anthropocene, with a focus on the Geosciences and Environmental science Includes point-counterpoint articles debating key aspects of the Anthropocene, giving users an even-handed navigation of this complex area Provides historic, seminal papers and essays from leading scientists and philosophers who demonstrate changes in the Anthropocene concept over time
This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.