Earth jurisprudence is a philosophy of law and human governance 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 as a whole. It states that human societies 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 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. 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, laws, 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 who identified the destructive anthropocentrism 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. 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, launched at the World Summit for Sustainable Development in Cape Town 2002.
2004 workshop
April 2004, first UK workshop held to discuss and develop the principles of Earth jurisprudence, titled '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 was discussed at a conference in Washington 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.