Earth Jurisprudence

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.

From cover: "Wild law is a groundbreaking approach to law that stresses human interconnectedness and dependence on nature. It critiques existing law for promoting environmental harm and seeks to establish a mutually enhancing human-Earth relationship. For the first time, this volume brings together voices fromt he leading proponents of wild law around the world. It introduces readers to the idea of wild law and considers its relationship to environmental law, the rights of nature, science, religion, property law and international governance."

As planet Earth continues to absorb unprecedented levels of anthropogenically induced environmental and climatic change, two similar academic schools of thought have emerged in recent years, both making sustained efforts to explain how and why this state of affairs has evolved. These two disciplines are known as green criminology and earth jurisprudence. Whilst these areas of study can be seen as sub-disciplines of their parent subjects, law and criminology, this book proposes that much can be achieved by authors uniting and collaborating on their academic work. By doing this, it is argued that green criminology stands to benefit from a discipline that places mother nature at the heart of lawmaking and therefore providing a solution to the environmental harms identified by green criminologists. Furthermore, earth jurisprudence will profit from utilising the breadth of academic work produced within the green criminology academic arena. Therefore, this book seeks to unite green criminology and earth jurisprudence in an effort to find solutions to the extraordinary environmental problems that the world now faces.

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.

Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.

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.

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

Presents a beautiful vision of how we could change our structures and order to give us a new role on Earth - one that will protect the natural world, rather than destroy it. We are rapidly destroying our only habitat, Earth. It is becoming clear that many of the treaties, laws and policies concluded in recent years have failed to slow down, let alone halt or reverse, this process. The concept of introducing a wild law has been seminal in informing and inspiring the global movement to recognise rights for Nature – a movement destined to shape the twenty-first century as significantly as the human rights movements shaped the twentieth century. Written by environmental attorney, Cormac Cullinan, Wild Law outlines an Earth-centred approach to re-ordering human societies (Earth jurisprudence). It is a manifest on how we can conserve biological and cultural diversity, animal rights and welfare, and green spirituality by rediscovering a role for our species within the Earth community. After all, we have no future without our wonderful planet. Fusing together politics, legal theory, quantum physics and ancient wisdom into a fascinating and hopeful story, Wild Law reveals how the governance systems of today legitimise and promote the disastrous exploitation and destruction of Earth. Cormac explains how to begin transforming our systems to ensure that the pursuit of human well-being enhances the beauty, health and diversity of Earth instead of diminishing it. Wild Law is an inspiring and stimulating book for anyone who cares about Earth and is concerned about the direction in which the human species is moving.