Earth jurisprudence

The Earth seen from Apollo 17 with transparent background

Earth jurisprudence is a legal philosophy that emphasizes the interconnectedness of all life on Earth and advocates for the recognition of the rights of nature. It is a growing field within environmental law and legal theory that seeks to shift the focus of law from human-centered to Earth-centered perspectives.

Overview

Earth jurisprudence posits that the Earth itself has inherent rights and should be treated as a living entity with its own legal standing. This perspective challenges traditional legal frameworks that view nature as property to be exploited for human benefit. Proponents of Earth jurisprudence argue that by recognizing the rights of nature, we can create a more sustainable and harmonious relationship with the environment.

Principles

Central to Earth jurisprudence is the idea that humans are part of a larger ecological community and have a responsibility to protect and preserve the Earth's ecosystems. This philosophy draws on indigenous wisdom, deep ecology, and other environmental movements to inform legal principles that prioritize the well-being of the planet.

Legal Implications

Advocates of Earth jurisprudence seek to transform legal systems to incorporate the rights of nature into existing laws and policies. This may involve granting legal personhood to natural entities such as rivers, mountains, or ecosystems, allowing them to have legal representation and protection.

Criticisms

Critics of Earth jurisprudence argue that granting legal rights to nature could have unintended consequences and may be difficult to enforce in practice. They also raise concerns about the potential conflicts that could arise between human interests and the rights of nature.

Examples

One notable example of Earth jurisprudence in practice is the recognition of the rights of the Whanganui River in New Zealand, which was granted legal personhood in 2017. This landmark decision acknowledged the river as a living entity with its own rights, marking a significant step forward in the application of Earth-centered legal principles.

See also

• Ecological jurisprudence
• Earth rights