Wild LawAn introduction byMelanie Strickland

Thought experiment

Wild Law - legal rights for nature

Idea of legal rights for nature was mooted by Prof Christopher Stone in early 1970’s – “Should Trees have Standing?”

“It is not inevitable, nor is it wise, that natural objects should have no rights to seek redress in their own behalf. It is no answer to say that streams and forests cannot speak. Corporations cannot speak either…”

Wild law – legal rights for nature

Throughout history, each extension of legal rights had previously been unthinkable: emancipation of slaves, extension of civil rights to black people in America, women, children… (Christopher Stone, “Should Trees have Standing?”)

The current legal systemEnvironmental laws have developed in a

piecemeal fashion

Tension with other laws – eg. duties of directors under Companies Act 2006

Legal systems reflect belief system of society – not sacrosanct

What are those beliefs? Economic growth, separation from nature?

The current legal systemPrecautionary principle, polluter pays are

operational principles, not a compass of direction

Sustainable development?

Is our current legal system fit for purpose?

Thomas Berry on current law

“Our present legal system throughout the world is supporting the devastation of nature rather than protecting it.” This is because the political powers and legal frameworks of Western nations support the “industrial economy”. (Thomas Berry, “Rights of the Earth”, published in Resurgence Sept/ Oct 2002)

More ‘wild’ observations of current legal systems

Anthropocentric - role of language – property, resources, stewardship

Only humans and corporations have legal rights

Not effective at stopping or even moderating environmental destruction

Our legal systems do not encourage us to live and organise ourselves for the benefit of both human and non human beings (insight of Thomas Berry)

What is the purpose of law?

?

Wild law and Earth jurisprudence

Wild laws are laws that are consistent with Earth jurisprudence

Earth jurisprudence - Thomas Berry interdependence of life every living being has rights rights derive from existencepromotes mutually enhancing human-Earth

relationship

Earth jurisprudence“We cannot have healthy human beings on a

sick planet” (Thomas Berry, “Rights of the Earth”)

Every component of the Earth Community has three rights:The right to beThe right to a habitatThe right to fulfil its role in the ever renewing

processes of the Earth Community (Thomas Berry, Evening Thoughts)

Earth jurisprudence - rights

In the non living world, rights are role specific

In the living world, rights are species specific

All rights are limited and relative

Human rights do not cancel out other rights

“We have human rights… But we have no rights to deprive other species of their proper habitat… We have no rights to disturb the basic functioning of the biosystems of the planet.” Thomas Berry, The Great Work

Wild law - a positive visionConsistent with EJ, wild laws regulate human

behaviour to promote the health and integrity of the community of life on Earth in the long term

The case for wild law – Cormac Cullinan – Wild

Law1. Humans are an integral part of the Earth

system

2. We are influenced by the Earth Community

3. The way we govern ourselves must of necessity be consistent with this context – the pursuit of human well being must not undermine the integrity of the Earth

4. Human fulfilment is not possible outside of a web of healthy relationships with the wider Earth Community

The case for wild law5. We need to create a jurisprudence which

reflects the fact that human societies are part of a wider Earth Community and then begin a transformation of our societies and legal systems

6. In order to re-orient our governance systems, we need to establish laws which are ‘wild’ at heart in the sense that they foster creativity and human connection to nature

7. We need to cultivate personal/ social practices that respect nature to implement wild laws properly

Wild law The logical case is not the whole story, what we

call governance needs “soul” – quality, depth of connection, emotional and intellectual substance

Need to engage “Heartmind” (Cormac Cullinan)

“…teach your children that the rivers are our brothers and you much henceforth give them the kindness you would give any brother” Chief Seattle, 1854

Wild law in practice2008 – people of Ecuador approve a constitution

giving legally enforceable rights to nature

Article 1 – “Nature… has the right to exist, persist, maintain and regenerate its vital cycles… Every person… will be able to demand the recognition of rights for nature…”

Case filed in Nov 2010 by Vandana Shiva and others against BP for crimes against nature (following the massive oil spill). Remedy sought – information, keep oil underground.

Laws with elements of wildness

The Indian Constitution, Article 51A

“It shall be the duty of every citizen… to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”

Developments in wild lawProposed Universal Declaration of the Rights of

Mother Earth – adopted Apr 2010 in Bolivia at the World People’s Conference

“we are all part of Mother Earth, an indivisible, living community of interrelated and interdependent beings with a common destiny” (Preamble)

Article 2 sets out inherent rights of Mother Earth

Developments in wild lawCampaign by UK barrister Polly Higgins to get

ecocide recognised as an international crime against peace

http://www.youtube.com/watch?v=0gHnBbEOjVc&feature=player_embedded

Developments in wild lawGlobal Alliance for the Rights of Nature

established in September 2010

Wild Law UK officially founded in late 2010

Closing thought…“There is nothing so powerful as an idea whose

time has come” ( Victor Hugo)

Why rights for nature? - Its time has come

Further readingCormac Cullinan- Wild Law: A Manifesto for Earth

Justice 2002

Global Alliance for the Rights of Nature:

http://therightsofnature.org/?cat=3

Thomas Berry - The Great Work 1999, and Evening Thoughts 2006

Christopher Stone- Should Trees Have Standing?

Further readingPeter Burdon – “Rights of Nature: Reconsidered”

2010

Peter Burdon – Earth Rights – The Theory 2011

The scientific basis for wild laws:

Stephan Harding – Animate Earth 2nd Edition 2009

James Lovelock – The Revenge of Gaia