Relevant bibliographies by topics / Earth Jurisprudence

Academic literature on the topic 'Earth Jurisprudence'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Earth Jurisprudence"

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Park, Taehyun. "Anthropocene and Earth Jurisprudence." Environmental Law and Policy 26 (February 28, 2021): 1–35. http://dx.doi.org/10.18215/elvlp.26..202102.1.

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Burdon, Peter. "Earth Jurisprudence and the Murray-Darling." Alternative Law Journal 37, no. 2 (June 2012): 82–85. http://dx.doi.org/10.1177/1037969x1203700203.

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Pottage, Alain. "Holocene jurisprudence." Journal of Human Rights and the Environment 10, no. 2 (September 2019): 153–75. http://dx.doi.org/10.4337/jhre.2019.02.01.

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We are now accustomed to thinking of the Holocene as an epoch that we have left behind. But from what perspective do we close the Holocene and begin describing the Anthropocene? Academic disciplines have their own geology: epistemic or medial strata, sediments or condensations, which condition the apprehension and communication of fresh insight. The phrase ‘Holocene jurisprudence’ draws attention to a particular epistemic sediment: the figure of appropriation or ‘taking’, which is reactivated in many critical commentaries on the Anthropocene. And if, speaking figuratively, one were to identify an index fossil that compellingly expresses the epistemic traditions and potentialities that are sedimented into the Euro-American figure of appropriation, then Carl Schmitt's Nomos of the Earth would be a good candidate.
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Jung, Jun-Young. "The Principle of Earth Jurisprudence and Private Property." Environmental Law and Policy 26 (February 28, 2021): 87–114. http://dx.doi.org/10.18215/elvlp.26..202102.87.

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Ogleznev, Vitaly V., and Valeriy A. Surovtsev. "Down to Earth: From Begriffsjurisprudenz to Analytical Jurisprudence." Vestnik Tomskogo gosudarstvennogo universiteta. Filosofiya, sotsiologiya, politologiya, no. 63 (October 1, 2021): 241–46. http://dx.doi.org/10.17223/1998863x/63/23.

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Burdon, Peter. "The Jurisprudence of Thomas Berry." Worldviews: Global Religions, Culture, and Ecology 15, no. 2 (2011): 151–67. http://dx.doi.org/10.1163/156853511x574478.

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AbstractOn June 1 2009 Fr Thomas Berry passed away at his home in Greensboro N.C. In his final book before passing, Berry challenged human society to a carry out a transition from a period of human devastation of the Earth to a period when humans would be present to the planet in a mutually beneficial manner. This 'Great Work' encompassed religion, education, science and law. In this paper I will address Berry's argument that our current legal system supports the destruction of the environment and outline two ideas he put forward for evolving law. The first idea recognises that human law operates within and should be bound by the overarching laws of the natural world. From this perspective, the laws of nature are primary and human law would receive its legal quality and authority from its conformity with this law. The second proposal was to recognise that the earth consists of subjects, not objects and that all subjects are capable of holding rights. I will consider this argument in the context of two recent enactments of 'rights for nature' legislation in municipalities in the United States and in the constitution of Ecuador.
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Pissaloux, Jean-Luc. "Jurisprudence administrative." Gestion & Finances Publiques, no. 5 (September 2021): 104–11. http://dx.doi.org/10.3166/gfp.2021.5.016.

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Tolan, Patrick. "Ecocentric Perspectives on Global Warming: Toward an Earth Jurisprudence." Global Studies Journal 1, no. 4 (2008): 39–50. http://dx.doi.org/10.18848/1835-4432/cgp/v01i04/40971.

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Barrett, Mereana, Krushil Watene, and Patty McNicholas. "Legal personality in Aotearoa New Zealand: an example of integrated thinking on sustainable development." Accounting, Auditing & Accountability Journal 33, no. 7 (July 1, 2020): 1705–30. http://dx.doi.org/10.1108/aaaj-01-2019-3819.

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PurposeThis paper aims to set the scene for an emerging conversation on the Rights of Nature as articulated by a philosophy of law called Earth Jurisprudence, which privileges the whole Earth community over the profit-driven structures of the existing legal and economic systems.Design/methodology/approachThe study used a wide range of thought from literature relating to philosophy, humanities, environmental economics, sustainable development, indigenous rights and legal theory to show how Earth Jurisprudence resonates with two recent treaties of Waitangi settlements in Aotearoa New Zealand that recognise the Rights of Nature.FindingsIndigenous philosophies have become highly relevant to sustainable and equitable development. They have provided an increasingly prominent approach in advancing social, economic, environmental and cultural development around the world. In Aotearoa New Zealand, Maori philosophies ground the naming of the Te Urewera National Park and the Whanganui River as legal entities with rights.Practical implicationsRecognition of the Rights of Nature in Aotearoa New Zealand necessitates a radical re-thinking by accounting researchers, practitioners and educators towards a more ecocentric view of the environment, given the transformation of environmental law and our responsibilities towards sustainable development.Originality/valueThis relates to the application of Earth Jurisprudence legal theory as an alternative approach towards thinking about integrated reporting and sustainable development.
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Jung, Hyejin. "UN Harmony with Nature in the context of Earth Jurisprudence." Environmental Law and Policy 26 (February 28, 2021): 37–61. http://dx.doi.org/10.18215/elvlp.26..202102.37.

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Dissertations / Theses on the topic "Earth Jurisprudence"

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Rawson, Ariel Janaye. "Earth Jurisprudence: Making Nature A Subject Through Law." The Ohio State University, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=osu1435219849.

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Lenferna, Georges Alexandre. "Creating a new declaration of rights : a critical reconstruction of earth jurisprudence's global legislative framework." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001979.

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This thesis aims to critique the Universal Declaration of the Rights of Mother Earth and its underlying moral justification in order to provide a stronger and improved version of both. In Chapter 1 I explore what sort of moral justification is necessary to establish the Universal Declaration on firm grounds and explore its relation to environmental ethics and rights discourse. I argue that a non-anthropocentric perspective is necessary to justify the Universal Declaration’s rights. In Chapter 2 I explore the underlying justification of the Universal Declaration as discovered in the works of Cormac Cullinan and Father Thomas Berry. I argue that their ethical framework is indeterminate, has many ambiguities and uncertainties, and, among other problems, it does not provide a clear action-guiding framework. In Chapter 3 I develop an alternative justification for the Universal Declaration. I argue against many predominant moral theories, that in light of our best scientific and moral understanding we should expand the realm of moral concern to include all living beings, a moral theory I call Life’s Imperative. In Chapter 4 I illustrate that Life’s Imperative is a much stronger, more coherent justification for the Universal Declaration, one that coheres with both our best understanding of the natural world and our relation to it, and to an environmental ethic reflective of that relationship. Unfortunately many of the weaknesses in the current implicit justification of the Universal Declaration have also led to it enshrining rights that are themselves problematic. In order to address these issues, I revise its rights to accord with the stronger justification that I established in Chapter 3. The end result of doing so is a revised version of the Universal Declaration
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Burdon, Peter D. "Earth jurisprudence: private property and earth community." Thesis, 2011. http://hdl.handle.net/2440/69468.

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The central argument of this thesis is that the institution of private property reflects an anthropocentric worldview and is contributing to the current environmental crisis. Drawing on the description of law as a mirror of society, it considers how our idea of law and the institution of private property can adapt to reflect the recent scientific description of human beings as interconnected and mutually dependant on nature. It advocates a paradigm shift in law from anthropocentrism to the concept of Earth community. The thesis first provides an example laws anthropocentrism by exploring the legalphilosophical concept of private property. Private property is advanced over other legal concepts, because it plays a key role in governing human interactions with the environment and because it contains some of law’s main messages about nature and our place within it. The thesis analyses three main influences on the development of private property from the humanism of antiquity, the scientific revolution and the influence of liberal political philosophy. It concludes that the dominant rights-based theory of private property is anthropocentric and facilitates environmental harm. The second component of the thesis explores contemporary scientific evidence supporting the ecocentric concept of Earth community. This concept argues that human beings are deeply connected and dependent on nature. It also describes the Earth as a community of subjects and not a collection of objects. Assuming that the social sphere is an important source for law, this thesis considers how a paradigm shift from anthropocentrism to ecocentrism can influence the development of legal concepts. To catalyse this shift, it considers the ‘new story’ proposed by cultural historian and theologian Thomas Berry. This story describes contemporary scientific insights such as interconnectedness in a narrative form Third, the thesis uses the alternative paradigm of Earth community to articulate an emerging legal philosophy called Earth Jurisprudence. It describes Earth Jurisprudence as a theory of natural law and advocates for the recognition of two kinds of law, organised in a hierarchical relationship. At the apex is the Great Law, which represents the principle of Earth community. Beneath the Great Law is Human Law, which represents rules articulated by human authorities, which are consistent with the Great Law and enacted for the common good of the comprehensive Earth Community. In regard to the interrelationship between these two legal categories, two points are crucial. Human Law derives its legal quality from the Great Law and any law in contravention of this standard is considered a corruption of law and not morally binding on a population. Finally, the thesis constructs an alternative concept of private property based on the philosophy of Earth Jurisprudence. It describes private property as a relationship between members of the Earth community, through tangible or intangible items. To be consistent with the philosophy of Earth Jurisprudence, the concept of private property must recognise human social relationships, include nonreciprocal duties and obligations; and respond to the ‘thing’ which is the subject matter of a property relationship. A theory of private property that overlooks any of these considerations is defective and deserves to be labelled such.
Thesis (Ph.D.) -- University of Adelaide, Law School, 2011
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Norman, Jana L. "Posthuman Legal Subjectivity in the Anthropocene: Introducing the Cosmic Person." Thesis, 2019. http://hdl.handle.net/2440/121348.

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The legal philosophy known as Earth Jurisprudence sets a countercultural objective for Western law and legal theory by valuing the establishment of a mutually beneficial human–earth relationship over the satisfaction of exclusively human interests. I propose a novel strategy for meeting this objective: reimagining the human in the human–earth relationship. The original contribution of this thesis is the reconceptualisation of the human legal subject based on the non-dualised construct of human identity suggested by combining insights into the nature of reality from a variety of contemporary fields of scientific and critical inquiry. The project begins with an analysis of the traditional Western construct of human identity, which is structured as a dualism. In this view, humans are understood to be of a separate and superior order to nature. The thesis dissects the set of assumptions that conspire to form, in the first instance, a primary reason/nature dualism from which branch not only the singular human/nature dualism, but also an interlocking set of dualisms relegating non-human and some human Others to the underside of the hierarchy. A dynamic of radical discontinuity in the human–earth relationship is established by this complex, which precludes mutuality. I characterise thinking within and about Western law and legal theory as anthropocentric, given the anthropocentrism of Western culture. The extent to which this is true is examined in this thesis, first in a discussion of an emblematic case in which the fate of particular non-human subjects is decided without regard for the needs and interests of the same, then in a critique of Earth Jurisprudence in which I conclude that the philosophy is insufficiently disruptive of the foundational reason/nature dualism. The crux of this thesis is the contention that systems can be transformed by strategic intervention at key points at which the system is upheld or perpetuated. I argue that the legal subject is one such point in the Western social imaginary of mastery and control. More specifically, I argue that a construct of human identity, the master identity, to which the prevailing concept of the human legal subject (the rational, autonomous individual) corresponds, keeps the anthropocentrism of this system in play. Each of the contemporary concepts-in-use of the human legal subject has an origin story and various disciplines from which it draws its supporting ontological, epistemological and ethical commitments. The thesis draws from new cosmology, Big History, new materialisms and posthuman critical theory to tell the origin story for the proposed alternative legal subject, the Cosmic Person. By accounting for the earthliness of human existence, by which I mean the normative materiality of being embodied, embedded and entangled in a single plane of existence comprising a natureculture continuum, the Cosmic Person as legal subject takes into direct account the needs and interests of the whole community of life on Earth. Finally, the thesis examines the Waimea River Watershed Mediation Agreement as a case study in which the Cosmic Person is prefigured in a performance of posthuman normativity.
Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2019
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Books on the topic "Earth Jurisprudence"

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Cullinan, Cormac. Wild law: A manifesto for Earth justice. 2nd ed. White River Junction, VT: Chelsea Green Pub., 2011.

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Cullinan, Cormac. Wild law: A manifesto for Earth justice. 2nd ed. White River Junction, VT: Chelsea Green Pub., 2011.

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Cullinan, Cormac. Wild law: A manifesto for Earth justice. 2nd ed. Cambridge, [England]: Green Books, 2011.

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Wild law: A manifesto for Earth justice. 2nd ed. White River Junction, VT: Chelsea Green Pub., 2011.

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Wild law: Governing people for earth. Claremont, South Africa: Siber Ink in association with the Gaia Foundation & EnACT Intl., 2002.

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Cullinan, Cormac. Wild law: A manifesto for Earth justice. Dartington: Green Books in association with the Gaia Foundation, 2003.

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Westra, Laura, and Colin L. Soskolne. Sustaining life on earth: Environmental and human health through global governance. Lanham: Lexington Books, 2008.

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Butar, Butar Ferry, ed. The geography of naturopathic physicians in the United States: A rising profession. Lewiston: The Edwin Mellen Press, 2006.

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Lampkin, Jack. Uniting Green Criminology and Earth Jurisprudence. Taylor & Francis Group, 2020.

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Lampkin, Jack. Uniting Green Criminology and Earth Jurisprudence. Taylor & Francis Group, 2020.

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Book chapters on the topic "Earth Jurisprudence"

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Wessels, Hercules, and Femke Wijdekop. "Restorative Justice and Earth Jurisprudence." In The Palgrave Handbook of Environmental Restorative Justice, 75–99. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-04223-2_4.

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Fukurai, Hiroshi, and Richard Krooth. "Earth Jurisprudence, the Rights of Nature, and International Rights of Nature Tribunals." In Original Nation Approaches to Inter-National Law, 213–46. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-59273-8_6.

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Redo, Sławomir. "United Nations “Earth Jurisprudence,” Its Golden Rule, the “Refugee Problem,” and Urban Safety." In Refugees and Migrants in Law and Policy, 697–720. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-72159-0_30.

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Ito, Mumta, and Massimiliano Montini. "Nature’s rights and Earth jurisprudence – a new ecologically based paradigm for environmental law." In The Right to Nature, 221–33. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Routledge studies in environmental policy: Routledge, 2018. http://dx.doi.org/10.4324/9780429427145-17.

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Lampkin, Jack, and Tanya Wyatt. "Widening the Scope of “Earth” Jurisprudence and “Green” Criminology? Towards Preserving Extra-Terrestrial Heritage Sites on Celestial Bodies." In Green Criminology and the Law, 309–29. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-82412-9_14.

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Mylius, B. "Earth Jurisprudence." In Encyclopedia of the Anthropocene, 271–76. Elsevier, 2018. http://dx.doi.org/10.1016/b978-0-12-809665-9.10449-5.

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Burdon, Peter D. "Introduction." In Earth Jurisprudence, 1–14. Routledge, 2014. http://dx.doi.org/10.4324/9780203797013-1.

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Burdon, Peter D. "Anthropocentrism and private property." In Earth Jurisprudence, 15–46. Routledge, 2014. http://dx.doi.org/10.4324/9780203797013-2.

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Burdon, Peter D. "Earth community: narrative and action." In Earth Jurisprudence, 47–78. Routledge, 2014. http://dx.doi.org/10.4324/9780203797013-3.

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Burdon, Peter D. "A theory of Earth jurisprudence." In Earth Jurisprudence, 79–100. Routledge, 2014. http://dx.doi.org/10.4324/9780203797013-4.

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