User talk:Killing sparrows/Earth jurisprudence

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Earth jurisprudence is the philosophy of law and human governance that is based on the understanding that humans are an integral part of a diverse community of beings and that the wellbeing of each member is dependent on the wellbeing of Earth as a whole. Consequently human societies will only be viable and flourish in the long term if they regulate themselves as part of this wider Earth community and in a way that is consistent with the fundamental ‘laws’ or principles that govern how the universe functions (the ‘Great Jurisprudence’).

Earth jurisprudence is a philosophy of law and human governance that is based on the idea that humans are only one part of a wider community of beings and that the wellbeing of each member of that community is dependent on the wellbeing of the Earth as a whole. It states that human societies will only be viable and flourish if they regulate themselves as part of this wider Earth community and do so in a way that is consistent with the fundamental ‘laws’ or principles that govern how the universe functions, which is the ‘Great Jurisprudence’.

Although ‘Earth jurisprudence’ can be differentiated from the Great Jurisprudence in this regard, it can also be understood as both containing aspects of the Great Jurisprudence and being embedded within it. Therefore Earth jurisprudence and the Great Jurisprudence can also be understood as different aspects of the same system.

Earth jurisprudence can be differentiated from the Great Jurisprudence, but can also be understood as being embedded within it. Earth jurisprudence can be seen as a special case of the Great Jurisprudence, applying universal priciples to the governmental, societal and biological processes of Earth.

Earth jurisprudence requires the expansion of our understanding of governance and democracy beyond humans to embrace the whole Earth community (i.e. it is Earth-centric rather than anthropocentric). It is concerned with maintaining and strengthening relations between all members of the Earth community and not just between human beings. Earth jurisprudence is intended to provide a philosophical basis to guide the development and implementation of human governance systems, which may include ethics, laws, institutions, policies and practices and the like. However it also places an emphasis on the internalisation of these insights and on personal practice and in that sense living in accordance with Earth jurisprudence is a way of life.

Earth jurisprudence seeks to expand our understanding of the relevance of governance beyond humanity to the whole Earth community, it is Earth-centric rather than anthropocentric. It is concerned with the maintainence and regulation of relations between all members of the Earth community, not just between human beings. Earth jurisprudence is intended to provide a philosophical basis for the development and implementation of human governance systems, which may include ethics, laws, institutions, policies and practices. It also places an emphasis on the internalisation of these insights and on personal practice, in living in accordance with Earth jurisprudence as a way of life.

Earth jurisprudence should reflect a particular human community’s understanding of how to regulate itself as part of the Earth community and should manifest the qualities of the Great Jurisprudence of which it forms part. Accordingly Earth jurisprudence will vary from society to society but each variation is likely to share common elements, as:

Earth jurisprudence should reflect a particular human community’s understanding of how to regulate itself as part of the Earth community and should express the qualities of the Great Jurisprudence of which it forms part. The specific applications of Earth jurisprudence will vary from society to society, while sharing common elements. These elements include:

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 * a recognition that any Earth jurisprudence exists within a wider context that shapes it and influences how it functions;


 * a recognition that the universe is the source of the fundamental ‘Earth rights’ of all members of the Earth community, rather than some part of the human governance system and accordingly these rights cannot be validly circumscribed or abrogated by human jurisprudence;


 * a means of recognising the roles and ‘rights’ of non-human members of the Earth community and of restraining humans from unjustifiably preventing them fulfilling those roles;


 * a concern for reciprocity and the maintenance of a dynamic equilibrium between all the members of the Earth community determined by what is best for the system as a whole (Earth justice); and


 * an approach to condoning or disapproving human conduct on the basis of whether or not the conduct strengthens or weakens the bonds that constitute the Earth community.

History

 * The need for a new jurisprudence was first identified by Thomas Berry who identified the destructive anthropocentrism on which existing legal and political structures are based as a major impediment to the necessary transition to an ecological age in which humans would seek a new intimacy with the integral functioning of the natural world.


 * The feasibility of developing this jurisprudence (by then provisionally referred to as ‘Earth jurisprudence’) was discussed at meeting attended by Berry in April 2001, organised by the Gaia Foundation in London at the Airlie Conference Center outside Washington. A group of people involved in the law and with indigenous peoples came together from South Africa, Britain, Colombia, Canada and the United States. (See 'Thomas Berry and an Earth Jurisprudence: An Exploratory Essay', by Mike Bell, The Trumpeter, Vol. 19, no. 1 (2003)).


 * The first detailed exploration of Earth jurisprudence in print and the introduction of the term ‘Great Jurisprudence’ occurred with the first publication of Wild Law by Cormac Cullinan, launched at the World Summit for Sustainable Development in Cape Town 2002.

2004 workshop
April 2004, first UK workshop held to discuss and develop the principles of Earth jurisprudence, titled 'Wild Law Wilderness Workshop: A Walking Workshop on Earth Jurisprudence'. Donald Reid (former chairman of UKELA, the UK Environmental Law Association) and Cormac Cullinan (author of Wild Law) lead the workshop in the Knoydart Peninsula (one of the last true wilderness areas in the Scotland).

2005 conference
Earth jurisprudence UK conference held in November 2005 at the University of Brighton. Organised by UKELA in partnership with University of Brighton. Supported by Argyll Environmental,the Gaia Foundation and the Environmental Law Foundation, ELF. Chaired by former Environment Minister Michael Meacher MP, leading debate on, 'Wild Law – how can we regulate our relationship with the planet?'. Speakers included Professor Jacqueline McGlade, head of the European Environment Agency, Professor Lynda Warren of the Environment Agency and Professor Robert Lee, an environmental lawyer from Cardiff University.

References:
 * UKELA events listing. UKELA was one of the joint organizers for the event.
 * Argyll Environmental’s news item. Argyll is a professional service company offering reports and services to the property and legal sectors and Legal Director Simon Boyle was one of the organisers of the 2005 Conference.
 * ELFLine is the quarterly newsletter of the Environmental Law Foundation, which reports on both the status of the Foundation and matters of general environmental interest. ELF had a stall at the 2005 conference.

2006 opening of EJ centre
In 2006 the first Centre for Earth Jurisprudence established in Florida. The mission of the Centre, which is co-sponsored by Barry and St. Thomas Universities, Florida, is to re-envision law and governance in ways that support the well being of the Earth community as a whole. This involves fostering mutually enhancing relationships among humans and nature and recognition of the rights of nature.

2006 conference and meetings
Earth jurisprudence UK conference held in November 2006, 'A Walk on the Wild Side: Changing Environmental Law'. Based on the book Wild Law by Cormac Cullinan. Held at the University of Brighton and organised jointly by UKELA and ELF. Chaired by John Elkington (of SustainAbility and the ELF Advisory Council) with guest speakers, Cormac Cullinan, Norman Baker MP (former Liberal Democrat Environment Spokesman), Satish Kumar (Resurgence) and Begonia Filgueira (Gaia Law Ltd).

References:
 * ELFLine is the quarterly newsletter of the Environmental Law Foundation, which reports on both the status of the Foundation and matters of general environmental interest. ELF was one of the organizers of the 2006 conference.


 * The Gaia Foundation news


 * News from Gaian Life, a company dedicated to improving both health and the environment through organic and eco-friendly lifestyles as well as scientific research and regeneration projects.


 * John Elkington’s Journal recording the day he chaired the 2006 conference and to Cullinan’s book, Wild Law. Photo of speakers and others involved.
 * Community Ecological Governance newsletter, No. 5 quarterly update October 2006

Earth jurisprudence open meeting, a formal evening of talk and discussion on 'Law and Governance from an Earth-Centred Perspective', November 2006. With Patricia Siemen, Director of the Centre for Earth Jurisprudence, and colleagues Margaret Galiardi and Herman Greene. Liz Hosken, Director of the Gaia Foundation, gave a brief overview of the latest initiatives to further Earth jurisprudence thinking globally, as increasingly, given the rapidly deteriorating state of the planet, this idea of law is guiding and inspiring a number of legal departments in different parts of the world, from Ethiopia and Ghana, to the United States. Meeting chaired by Ian Mason, Head of Law and Economics at the School of Economic Science, London, and organised by the Gaia Foundation. Held at Denning Hall, north London.

2007 events
“Earth Jurisprudence: Defining and Field and Claiming the Promise”, a three-day colloquium on the principles and implications of the emerging field of Earth Jurisprudence. Liz Hosken and Cormac Cullinan join other invited speakers at the new Earth Jurisprudence Center in Florida, USA, April 2007.

Next UK Earth jurisprudence conference and workshop, September 2007, entitled, “A ‘Wild Law’ Response to Climate Change”. Organised by UKELA, a participatory event with internationally renowned speakers to develop a practical approach for applying Wild Law principles which are already helping shift legal processes in the US and South Africa. To be held at a conference centre in Derbyshire, UK.

References:
 * UKELA next events.

An Earth Jurisprudence conference to take place in the USA in late-2007, in collaboration with the new Center for Earth Jurisprudence, and with students from Barry University Law School (Orlando, FL) and St. Thomas University Law School (Miami, FL).

Literature

 * Cullinan, C (2003), Wild Law: A Manifesto for Earth Justice, Green Books, Totnes, Devon, ISBN 1-9039998-35-2


 * Stephen Harding, 'Earthly rights', The Guardian newspaper, London, April 2007


 * Silver Donald Cameron, 'When does a tree have rights?', The Chronicle Herald (Halifax, Nova Scotia), January, 2007


 * Simon Boyle, 'On thin ice', The Guardian newspaper, London, November 2006

Related reading

 * Abram, D (1996), The Spell of the Sensuous, Vintage Books, New York


 * Berry, T (1999), The Great Work: Our Way into the Future, Bell Tower, New York


 * Berry, T (2002), 'Rights of the Earth: Recognising the Rights of All Living Things' - Resurgence, No. 214, September/October 2002


 * Berry, T (1996), Every Being Has Rights, 23rd Annual E. F. Schumacher Lectures, Stockbridge, Massachusetts


 * Berry, T, Swimme, B (1992) The Universe Story: From the Primordial Flaring Forth to the Ecozoic Era - A Celebration of the Unfolding of the Cosmos, Harper Collins, New York


 * Cullinan, C (2002) 'Justice For All: Human Governance Must Be Consistent With Universal laws' - Resurgence, No. 214, September/October 2002


 * Gardner, J (2004) Human Rights and Human Obligations - Lecture at the International PEN Congress in Tromsø, Norway


 * Reichel-Dolmatoff, G (1994) The Forest Within: The World-View of the Tukano Amazonian Indians, Green Books, Totnes


 * Reichel-Dolmatoff, G (1997) Rainforest Shamans: Essays on the Tukano Indians of the Northwest Amazon, Green Books, Totnes


 * Reid, D (2001) 'Earth Jurisprudence: What Lessons Can Be Learned from Celtic Influences on Scottish Law?' Presentation to Technical Session on Wilderness and Jurisprudence at the 7th World Wilderness Congress, Port Elizabeth, South Africa


 * Roldán Ortega, R (2000) Indigenous Peoples of Colombia and the Law: A Critical Approach to the Study of Past and Present Situations, COAMA, Bogotá, Tercer Mundo Editores


 * Stutzin, G (2002) 'Nature's Rights: Justice Requires that Nature Be Recognised As a Legal Entity' - Resurgence, No. 210, January / February 2002. Godofredo Stutzin was 1990 winner of The United Nations Environment Program (UNEP)'s Global 500 Roll of Honour which recognises the environmental achievements of individuals and organizations around the world