Earth Jurisprudence, Wild Law, Emergent Law: The Emerging Field of Ecology and Law

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LAW 328 Green Legal Theory

Notes

For present purposes we define ‘Earth Jurisprudence’ [and the emerging field of ecology and law] as: the philosophy of law and regulation that gives formal recognition to the reciprocal relationship between humans and the rest of nature.

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paradigm shift in our worldview from the modernist western nature/culture dualism anthropocentric representational worldview to a new Earth-centric nature-culture continuum intensive and affective worldview for a new Ecozoic age.

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the present form of law and governance are not only unhelpful but positively obstructive

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turn of modernity in the sixteenth, seventeen century Enlightenment, commencing with Galileo, Bacon, Descartes, and Newton. This image of thought is resolutely anthropocentric, rationalistic and representational thinking, with an active subject pole (gendered masculine) and a passive object pole. It is a universalist and universalising model of thought that abstracts as far as possible from the material, isolating uniform forms of passive matter, and imposes a transcendent plane of gridded organisation over all of nature.

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the very image of thought and the existing framework of legality and governance are completely unable to think the real and the present ecological catastrophe of the Earth.

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a new understanding that the essential purpose of human governance systems should be to support people to play a mutually enhancing role within the community of life on Earth.

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reconceptualization of legality in Earth Jurisprudence as a philosophy of legality

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reconnect thinking about social organisation to cosmic forces and reactivate an energetic and spiritual ethos of being at home in the universe.

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We have not only forgotten how to live in accordance with the rhythms of the planet, we have also forgotten that doing so was once the chief purpose of human regulatory systems

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From a Earth-centric perspective, the myopia of a philosophy that cannot recognise the ‘‘right’’ of a river to flow, of a species to remain free of genetic pollution or even of the Earth to maintain its climate, beggars belief

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Earth rights are of freedoms to thrive and evolve, and are of three main types: the right to exist, the right to the habitat and the preservation of habitat, and the right to participate

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rejection of the private property model of land ownership accompanied by an ecological reconceptualization of land and land law.

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renewal of the jurisdiction of equity and concepts of guardianship for land and ecosystems.

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The operation of lawyering is transformed in Wild Law regimes to focus upon decentralisation, self-organisation, self governance, localism, bioregionalism, experimentation, and continual processes of juridical evolution.

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put Berry & Cullinan’s Earth Jurisprudence, together with the emerging field of ecology and law, in connection with Deleuze & Guattari’s concept of emergent law.

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As with Earth Jurisprudence, Deleuze & Guattari’s work is premised upon a critique and abandonment of the dominant western model of thought and rejection of its nature-culture dualism.

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centrality of ideas drawn from developments in evolutionary science and twentieth century science to the formulation of a understanding and philosophy of nature and thought.

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Earth Jurisprudence and Deleuze & Guattari converge on the problematic of ecologically sustainable social organisation

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nomos theory of legality that Deleuze & Guattari develop as an immanent, self-organising, evolving legality, that is very different from the logos theory of legality as universal, transcendent, hierarchical legality

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