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Earth Jurisprudence

Author : Peter D. Burdon
Publisher : Routledge
Page : 188 pages
File Size : 36,7 MB
Release : 2014-09-19
Category : Law
ISBN : 113514415X

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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.

Exploring Wild Law

Author : Peter Burdon
Publisher : Wakefield Press
Page : 370 pages
File Size : 15,56 MB
Release : 2011
Category : Law
ISBN : 1743050739

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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."

Uniting Green Criminology and Earth Jurisprudence

Author : Jack Lampkin
Publisher : Routledge
Page : 91 pages
File Size : 44,31 MB
Release : 2020-11-15
Category : Law
ISBN : 1000214664

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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.

Earth Jurisprudence

Author : Peter D. Burdon
Publisher : Routledge
Page : 267 pages
File Size : 29,37 MB
Release : 2014-09-19
Category : Law
ISBN : 1135144230

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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.

Wild Law

Author : Cormac Cullinan
Publisher : Siber Ink
Page : 243 pages
File Size : 30,72 MB
Release : 2011-05-01
Category : Law
ISBN : 1920025723

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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.

The Oxford Handbook of International Environmental Law

Author : Lavanya Rajamani
Publisher : Oxford University Press
Page : 1104 pages
File Size : 34,19 MB
Release : 2021-08-06
Category : Law
ISBN : 0192589032

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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.

Wild Law - In Practice

Author : Michelle Maloney
Publisher : Routledge
Page : 429 pages
File Size : 25,15 MB
Release : 2014-03-05
Category : Law
ISBN : 1136008403

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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.

Earth Jurisprudence

Author : Peter Burdon
Publisher :
Page : 0 pages
File Size : 30,37 MB
Release : 2015
Category : Law
ISBN : 9780203797013

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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.

Law as if Earth Really Mattered

Author : Nicole Rogers
Publisher : Routledge
Page : 343 pages
File Size : 45,86 MB
Release : 2017-04-21
Category : Law
ISBN : 1317210573

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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.

Earth System Law: Standing on the Precipice of the Anthropocene

Author : Timothy Cadman
Publisher : Routledge
Page : 300 pages
File Size : 49,24 MB
Release : 2021-12-13
Category : Political Science
ISBN : 1000482499

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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.