Please use this identifier to cite or link to this item:
https://hdl.handle.net/2440/83392
Type: | Journal article |
Title: | The Earth community and ecological jurisprudence |
Author: | Burdon, P. |
Citation: | Onati Socio-Legal Series, 2013; 3(5):815-837 |
Publisher: | Onati International Institute for the Sociology of Law |
Issue Date: | 2013 |
ISSN: | 2079-5971 |
Statement of Responsibility: | Peter D. Burdon |
Abstract: | Legal philosophical discourse tends to be animated by some conception of self and the parameters of community. Reflecting a vast heritage of humanist philosophy and theology, western legal concepts reflect anthropocentric values. Theories of law and legal concepts promote human beings as separate to the environment and define frameworks for the exploitation of nature. Against this paradigm, environmental philosophers have sought to redefine human beings as integral members of a greater Earth community – nature is a community of subjects, not a collection of objects. This alternative conception of self carries important consequences for legal philosophy. This paper explores these consequences first by analysing the ecological conception of self and community articulated by ‘geologian’ Thomas Berry (1914-2009). Second, this paper uses Berry’s analysis to develop an ecological theory of jurisprudence. This theory connects human law with ecological integrity and holds that human law attains legal quality (in part) when enacted for the common good of the comprehensive Earth community. Throughout this analysis, the paper also highlights the limitations Berry’s philosophical and legal writing and seeks dialogue with leftist political theory. |
Keywords: | Earth Community Earth Jurisprudence Ecology Legal Theory Sociology Environmental Philosophy Social Ecology Thomas Berry Murray Bookchin Natural Law. Comunidad de la Tierra Jurisprundencia de la Tierra Ecología Teoría Jurídica Sociología Filosofía Ambiental Ecología Social Berry |
Rights: | Copyright status unknown |
Published version: | http://ssrn.com/abstract=2247826 |
Appears in Collections: | Aurora harvest 4 Law publications |
Files in This Item:
There are no files associated with this item.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.