Abstract
The present reflection draws upon a tradition of energetic, world-facing critical legal scholarship to interrogate the anthropos assumed by the terminology of ‘anthropocentrism’ and of the ‘Anthropocene’. The article concludes that any ethically responsible future engagement with ‘anthropocentrism’ and/or with the ‘Anthropocene’ must explicitly engage with the oppressive hierarchical structure of the anthropos itself—and should directly address its apotheosis in the corporate juridical subject that dominates the entire globalised order of the Anthropocene age.
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Notes
The most well known of such positions in relation to law is that of Earth Jurisprudence. For iconic examples, see Berry (1999) and Cullinan (2002). For an enthusiastic contemporary application, Burdon (2014). For critique of the anthropocentric-ecocentric duality invoked by the Earth Jurisprudence framework, see Philippopoulos-Mihalopoulos (2011a, b), especially his chapter, ‘Towards Critical Environmental Law’ (pp. 18–38).
See above, n. 1.
For a useful discussion, see Grabham, Cooper, Krishnadas and Herman (2009).
‘The feminization of the Orient is one of the enduring themes in the scholarly study of colonialism. The colonial authorities represented the natives as passive, ignorant, irrational outwardly submissive but inwardly guileful, sexually unrestrained and emotionally demanding—not inherently female characteristics, perhaps, but defined as a trope in opposition to the self-mastery and openness that the hypermasculinized colonizing Westerners ascribed to themselves’: Lurhmann (1994, p. 333).
See, for a richly implicative discussion, Dekha (2008, pp. 249–267).
See Radhakrishnan (2003). Radhakrishnan argues that capitalism is a pathology producing privilege and exclusion ‘co-symptomatically’ (at vii).
The ‘panopticon’ was Bentham’s design for the perfect prison in which the guard occupies a central observatory tower with visual access to all cells and prisoners without being visible.
The body’s role is limited to its perceptual mechanisms, which gather information but have a radically attenuated role in its assessment: Lakoff (1987, p. 174).
As Philippopoulos-Mihalopoulos has pointed out, the etymology of the term ‘environment’ drives at that which revolves around a central subject: Philippopoulos-Mihalopoulos (2011a, p. 22).
See Johnson (1987); Lakoff and Johnson (1999). The latter argue that cognitive science reveals that ‘[t]he mind is inherently embodied. Thought is mostly unconscious. Abstract concepts are largely metaphorical’ (p. 3) and that ‘[reason] arises from the nature of our brains, bodies and bodily experience. This is not just the innocuous and obvious claim that we need a body to reason; rather it is the striking claim that the very structure of reason itself comes from the details of our embodiment’. Lakoff and Johnson (1999, p. 4).
This is an important argument presented by Norrie (2001). See 118 US 394 (1886) and discussion at n. 18 below.
Santa Clara County v Southern Pacific Railroad Co 118 US 394 (1886). The court prefaced its judgment with the statement that it did not ‘wish to hear argument on the question’ concerning whether the corporation was a person for the purposes of the 14th Amendment, stating ‘we are all of the opinion [that it is]’. Finnis argues that not a ‘single sentence of justification’ has ever been added to what is effectively ‘the ukase of 1886’: Finnis (2000, p. 10). (‘Ukase’ is an archaic term for an edict, deriving from the Imperial Russian term for edicts issued by the Tzar).
Increasingly apparent under the pressures of recent austerity doctrine.
Turner (2013, p. 32, emphasis added): ‘the very design of the law itself is fundamentally predisposed to environmental degradation and forms part of a dysfunctional global legal architecture which cannot achieve environmental sustainability’. Key to this, Turner argues, is the legal structure and historical evolution of business enterprises: ‘even during [their] formative years, certain features were being built into their design that would eventually have huge impacts on the environment in the modern era’ (2013, p. 38).
This process is traced in detail by Marks (1987, pp. 1441–1483).
Mayer (1990, p. 589), citing Connecticut General Life Insurance Company v Johnson 303 US 77, 90 (1938) (Black, J. Dissenting). Mayer cites Black as insisting that ‘[n]either the history nor the language of the fourteenth amendment justifies the belief that corporations are included within its protection’ (pp. 85–86)—Mayer, footnote 61.
A question posed in a deliberately and increasingly provocative mode by Code: ‘Who do we think we are?’ See, Code (2012, pp. 92–99).
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Grear, A. Deconstructing Anthropos: A Critical Legal Reflection on ‘Anthropocentric’ Law and Anthropocene ‘Humanity’. Law Critique 26, 225–249 (2015). https://doi.org/10.1007/s10978-015-9161-0
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DOI: https://doi.org/10.1007/s10978-015-9161-0