Earth jurisprudence is a philosophy of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

and

human Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are Hominidae, great apes characterized by their Prehistory of nakedness and clothing ...

governance Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, intera ...

that is based on the fact 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 Earth is the third planet from the Sun and the only astronomical object known to Planetary habitability, harbor life. This is enabled by Earth being an ocean world, the only one in the Solar System sustaining liquid surface water. Almost all ...

as a whole. It states that

human societies A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soc ...

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 The universe is all of space and time and their contents. It comprises all of existence, any fundamental interaction, physical process and physical constant, and therefore all forms of matter and energy, and the structures they form, from s ...

functions, which is the 'Great Jurisprudence'. 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 principles to the governmental, societal and biological processes of Earth. 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 Anthropocentrism ( ) is the belief that human beings are the central or most important entity on the planet. The term can be used interchangeably with humanocentrism, and some refer to the concept as human supremacy or human exceptionalism. From a ...

. It is concerned with the maintenance 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 Ethics is the philosophy, philosophical study of Morality, moral phenomena. Also called moral philosophy, it investigates Normativity, normative questions about what people ought to do or which behavior is morally right. Its main branches inclu ...

s, 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 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: *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 Thomas Berry, CP (November 9, 1914 – June 1, 2009) was a Catholic priest, cultural historian, and scholar of the world's religions, especially Asian traditions. Later, as he studied Earth history and evolution, he called himself a "geologian ...

who identified the destructive

anthropocentrism Anthropocentrism ( ) is the belief that human beings are the central or most important entity on the planet. The term can be used interchangeably with humanocentrism, and some refer to the concept as human supremacy or human exceptionalism. From a ...

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 Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...

. A group of people involved in the law and with indigenous peoples came together from South Africa, Britain, Colombia, Canada and the United States. 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 Cormac Cullinan is a South African environmental attorney, author and leading figure in the global Rights of Nature movement. He is a director of the leading South African environmental law firm, Cullinan & Associates Inc, and director of the Wi ...

, launched at the World Summit for Sustainable Development in

Cape Town Cape Town is the legislature, legislative capital city, capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. Cape Town is the country's List of municipalities in South Africa, second-largest ...

2002.

2004 workshop

April 2004, first UK workshop held to discuss and develop the principles of Earth jurisprudence, title
'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). The feasibility of developing a new form of

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

was discussed at a conference in

attended by Thomas Berry in April 2001, organised by the Gaia Foundation. A group of people involved with law and indigenous peoples attended from South Africa, Britain, Colombia, Canada and the United States. In 2006 the first Center 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 Rights of nature or Earth rights is a legal and jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. The rights of nature concept challenges twentie ...

. An earth jurisprudence UK conference, 'A Walk on the Wild Side: Changing Environmental Law', was held in November. Another earth jurisprudence meeting, a talk and discussion on 'Law and Governance from an Earth-Centred Perspective', was also held in November.

2007 events

"Earth Jurisprudence: Defining the Field and Claiming the Promise"
a three-day colloquium on the principles and implications of the emerging field of Earth Jurisprudence. Cormac Cullinan of EnAct International, South Africa, Thomas Linzey and Richard Grossman both of Community Environmental Legal Defense Fund, Pennsylvania, and Liz Hosken of Gaia Foundation, London, are amongst the speakers at the new Centre for Earth Jurisprudence in Florida, USA, April 2007. UK conference and workshop, September 2007, entitled, "A 'Wild Law' Response to Climate Change". A participatory event to develop a practical approach for applying Wild Law principles which are already helping shift legal processes in the US and South Africa. Organised by UK Environmental Law Association, in partnership with the Environmental Law Foundation and the Gaia Foundation, with funding from the Body Shop Foundation. Internationally renowned speakers will include Andrew Kimbrell, Executive Director of the Center for Food Safety, Pennsylvania, who helped win a Supreme Court case in the US on climate change; Cormac Cullinan, the South African lawyer and author of ''Wild Law''; and Peter Roderick, Director of the Climate Justice Programme UK, a barrister with twenty years' experience in private practise, the oil industry, academia and the public interest environmental sector, and was

Friends of the Earth Friends of the Earth International (FoEI) is an international network of grassroots environmental organizations in 73 countries. About half of the member groups call themselves "Friends of the Earth" in their own languages; the others use other ...

's lawyer in London from 1996. Held at a conference centre in Derbyshire, UK. References
UKELA
next events.

held in the US in February 2008, in collaboration with the new Center for Earth Jurisprudence, and with students from Barry University Law School and St. Thomas University Law School. Australia has a very active Earth jurisprudence and 'wild law' movement. The first wild law conference in Australia was held in Adelaide, South Australia in 2009 and a second conference was held in Wollongong, New South Wales, in 2010. A third Wild Law conference was organised in 2011 in Brisbane, Queensland and at that time a core group of Earth jurisprudence advocates formed th
Australian Earth Laws Alliance

Classes being taught in law schools

Barry University School of Law initiated a course in earth jurisprudence during 2007.

References

Literature

* Cullinan, C (2003), ''Wild Law: A Manifesto for Earth Justice'', Green Books, Totnes, Devon, *Simon Boyle
'On thin ice'
The Guardian newspaper, London, November 2006 *Stephan Harding

The Guardian newspaper, London, April 2007 *

Silver Donald Cameron Silver Donald Cameron (June 21, 1937 – June 1, 2020) was a Canadian journalist, author, playwright, and university teacher whose writing focused on social justice, nature, and the environment. His 15 books of non-fiction dealt with everything ...

'When does a tree have rights?'
The Chronicle Herald (Halifax, Nova Scotia), January, 2007 *Cormac Cullinan
'If Nature Had Rights'
,

Orion (magazine) ''Orion'' is an advertisement-free nonprofit quarterly magazine focused on nature, culture, and place addressing environmental and social issues. It is published quarterly. In 2010, ''Orion'' was the recipient of ''Utne Reader'' magazine's Utne ...

, USA, January 2008.

External links

Center for Earth Jurisprudence
{{Environmentalism Environmental law Philosophy of law