Earth law
Earth law is an emerging legal framework that seeks to advance the legal rights of the Earth in international law. Earth lawyers consider earth law to be a different form of legal practice from environmental law on the basis of ecocentrism, rather than anthropocentrism. Earth law seeks to codify protections for the environment not just for human health or desires but for the earth itself. It includes all types of lawyering which establish rights or protections for the interest of nature, rather than the interest of humans.[1]
Earth law is guided by advocate Thomas Berry's philosophy of earth jurisprudence, which, according to the United Nations posits that "humans are only one part of a wider community of beings and that the welfare of each member of that community is dependent on the welfare of the Earth as a whole."[2]
Berry was inspired by Christopher Stone, a law professor at the University of Southern California, who was one of the first to call for judicial reform on nature, with his 1974 book, Should Trees Have Standing? Towards Legal Rights for Natural Objects. The legal and jurisprudential theory of the rights of nature, similar to the concept of fundamental human rights presented in the book became a cornerstone of the earth law framework.[3]
In practice, one way practitioners attempt to work earth law into existing anthropocentric law is by establishing environmental personhood, in which a legal argument seeks to establish the Earth, or aspects of the Earth such as rivers, watersheds, mountains etc. as deserving of their own rights and therefore having the status of a legal person.[4]
Other law movements included in Earth law include nonhuman animal rights, defining ecocide as a crime outside of the context of war, rights of future generations, legal guardianship for nature, and Indigenous peoples legalities.[5]
See also
- Rights of nature law
- Animal law
- International law on Ecocide
- Legal rights of future generations
- Legal guardianship of nature
- Indigenous environmental rights
References
- ^ Zelle, Anthony; et al. (1 February 2021). Earth Law: Emerging Ecocentric Law— A Guide for Practitioners. Aspen Publishing. p. 776. ISBN 9781543820683. Retrieved 28 July 2023.
- ^ United Nations. "Earth Jurisprudence". Harmony with Nature. United Nations. Retrieved 28 July 2023.
- ^ Tucker, Mary Evelyn. "Thomas Berry and the Rights of Nature". Kosmos Journal. Kosmos. Retrieved 28 July 2023.
- ^ Pierce, Tara (Summer 2022). "Radical Legal Change: Moving Toward Earth Law". Hastings Environmental Law Journal. 28 (2): 30. Retrieved 28 July 2023.
- ^ Kayman, Lindsey; et al. (22 April 2021). "Earth Law and the Rights of Nature A New Generation of Laws Built for Nature". Open Educational Resources. John Jay College of Criminal Justice. Retrieved 28 July 2023.