university of brighton wild law and earth jurisprudence simon boyle, argyll environmental 19 th may...
TRANSCRIPT
University of Brighton
Wild Law and Earth Jurisprudence
Simon Boyle, Argyll Environmental
19th May 2010
How is the health of our planet?
Our Planet 4.5 billion years old 3- 4 billion years ago life formed 5 known ice ages- with interglacials between
Our Planet If a health check of our planet had been carried out in say
1010 and then today one thousand years later what differences would it find in relation to:
Atmosphere Biodiversity Human population Land use
Atmospheric Composition Compared to all other planets on our solar system, our
atmosphere is very odd The other planets eg Mars have mainly carbon dioxide-
showing thermodynamic and chemical equilibrium- high entropy
Earth’s atmosphere contains highly reactive gas (oxygen) at 21% , also methane and only trace amount of carbon dioxide
However CO2 has increased from 280 ppm pre industrial, to 387 2009
Biodiversity 4.5 billion years old 3- 4 billion years ago life formed Since then 5 mass extinctions have happened Last was Cretaceous–Tertiary extinction event (K-T
extinction) a large-scale mass extinction of animal and plant species in a geologically short period of time, approximately 65 million years ago (100% of dinosaurs and ammonites lost)
1.6 million known species – actual number may be around 10 million but could be up to 100 million
Biodiversity Loss of Biodiversity – nearly 100 species per day, mainly in
tropical forests
Sixth mass extinction underway now (even without climate change effects)
Modelling Extinction N(t) = NfN0e-γt N0 + (Nf – N0)eαNft
Biodiversity 2002 Convention on Biological Diversity (CBD) – governments
made commitments to make significant reduction in loss of biodiversity by 2010
10 May 2010 CBD published Global Biodiversity Outlook 3
‘The news is not good. We continue to lose biodiversity at a rate never before seen in history — extinction rates may be up to 1,000 times higher than the historical background rate.’
Ahmed Djoghlaf, Exec Director CBD
Biodiversity The background level of extinction known from the fossil
record is approx one species per million species per year, or between 10 and 100 species per year (counting all organisms such as insects, bacteria and fungi)
In contrast, estimates based on the rate at which the area of tropical forests is being reduced, and their large numbers of specialized species, are that we may now be losing 27,000 species per year to extinction from those habitats alone. (Average 75 per day)
Biodiversity
Rise and fall of mammal families
0
2040
6080
100
120140
160180
200
-300 -250 -200 -150 -100 -50 0
Time (my)
Nu
mb
er
of
fam
ilie
s
Biodiversity IPCC Fourth Report 2007 2 degree c rise total species extinction of 20-30% Over 2.5 degrees c total extinction of 40% species Note 3 degrees c is midway in range of IPCC predictions
Biodiversity Albert Einstein If the bee disappeared off the surface of the globe then man
would only have four years left of life
Norman Myers The Sinking Ark. Human activities cause 600 extinctions per
week
Human population Population- increases 1000 AD 310 million 1900 1.6 billion 1965 3.3 million 1990 5.2 billion 2000 6 billion 2010 6.8 billion (6,821,600,000)
Land use Rainforests once covered 14% of the earth's land surface; now
they cover only 6% and experts estimate that the last remaining rainforests could be consumed in less than 40 years
One hectare (2.47 acres) may contain over 750 types of trees and 1500 species of higher plants
Reasons for disappearance include cattle ranching, and soya for eg biofuels
Loss of habitat leads to reduction and ultimately loss of species Land- Output increase 40% higher per hectare than 1987, increase
in fertilizers and intensity Desertification – estimated increase of 21 million hectares per
year
Land use
Drivers ofGlobal Change
From: Steffen et. al2004
population
Metrics ofGlobal Change
From: Steffen et. al2004
CO2
climate
species
Wild law basics The way we (our at least capitalist societies) think about our
planet is anthropocentric or human centric- man is at the centre and all other species revolve around him
This is clearly shown in our language eg resources, property, reserves, stewardship
Our governance systems or legal systems inevitably follow this model and are therefore also anthropocentric
Only humans have legal rights Anything that is other than human such as other mammals,
birds, trees, rivers have no legal rights of their own
Wild law basics Wild Law uses a different language from current law It is a language that recognises that all life is interconnected,
that man is not superior to other forms of life just as one part of our body is not superior to any other part
Earth community Mutuality Respect ‘The universe is not a collection of objects but rather a
communion of subjects’ Thomas Berry Relationship of the dance rather than the watch
Wild law basics I suggest there are two main arguments for Wild Law A moral one which can be seen as part of the historical
developments of rights A pragmatic/scientific one that is partly based on Gaia
theory
Wild law – moral argument All life springs from the same source and all life is one Humans are not superior to any other forms of life, just as
one twig on a tree is not superior to any other, or any part of our body superior to another
Earth is only planet in universe that we know has life- we are under moral duty to safeguard all life forms
One of the branches of the tree of life is the hominidae family humans, chimpanzees, gorillas, and orangutans
From a moral point of view why should our nearest relatives not have legal rights?
Wild law- moral argument The Hominidae family - humans, chimpanzees, gorillas,
orangutans Chimpanzee are thought to have split from human evolution
about 6 million years ago - nearest relative to humans
Wild law – moral argument
Wild law- moral argumentA human being is part of a whole, called by us a universe, a part limited in time and space. He experiences himself, his thoughts and feelings as something separated from the rest…a kind of optical delusion of the consciousness. This delusion is a kind of prison for us… Our task must be to free ourselves from this prison by widening our circle of compassion to embrace all living creatures and the whole of nature and its beauty.
Albert Einstein
Wild law- pragmatic argument All life is interdependent If one species is adversely affected (or worst case becomes
extinct) it will affect others We are completely dependent on the well being of the planet and
the well being of the planet is dependent on life James Lovelock’s Gaia theory- the Earth is a single self
regulating system Life itself that regulates the Earth’s chemistry and climate If we carry on destroying life the systems will breakdown Lovelock believes this is already happening with CO2 increase Note other benefits eg Amazon a living library for pharmaceutical
companies
James Lovelock
Gaia Theory Gaia theory developed by James Lovelock from 1965 Earth (Gaia) behaves as a super organism which regulates its
chemistry and climate so that it is fit for life The Earth System behaves as a single, self- regulating system
comprised of physical, chemical, biological and human components
Earths ecosystems, oceans and forests regulate the Earth’s climate and atmosphere
If destroyed (as they largely have been) the Earth cannot carry out this function
Gaia Theory Gaia theory developed by James Lovelock from 1965 Lovelock – how was it that Earth’s temperature stable even
though sun 25% brighter than 3.5 billion years ago Experiments with computer programme- Daisyworld On Daisyworld only two plant species, light and dark daisies both
competing for space Over time the Daisyworld sun heats up, just as in Earth
Daisy world
So what are these rights? Thomas Berry- Evening Thoughts Every component of the Earth Community has three rights:
The right to be The right to habitat The right to fulfil its role in the ever-renewing processes
of the Earth community
So what are these rights? These rights are not the same for everything So a river has river rights, a bee has bee rights and a lion
has lion rights Each living entity takes its place in the natural order Wild Law acknowledges the biological reality of these
relationships, often symbiotic or through the foodchain At the moment humans are operating way outside of the
natural order and adversely affecting the whole planet
So what are these rights? Wild lawyers believe that other than human entities have
these inherent rights but we need a legal system that gives recognition to these rights
We see these rights as an evolution of rights across the millennia
The Evolving Concept of Rights Not so long ago various ‘classes’ were either not given any
rights or did not enjoy full legal rights In Roman Law the father had power of life and death over
his children.
The Evolving Concept of Rights Similarly women could not own land absolutely in UK until
1840s or have full voting rights until 1928
The Evolving Concept of Rights Concept of slavery – humans called slaves have no rights
and considered property Romans brought and sold slaves at public auctions Slavery not abolished in US until 1865
The Evolving Concept of Rights Certain races have also been denied rights US racial discrimination against African–Americans until
1964 Civil Rights Act South Africa – apartheid abolished 1994
The evolving concept of rights Christopher Stone- 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…’
The evolving concept of rights Ships have legal rights
The evolving concept of rights as do Companies
Is current environmental law doing its job?
That depends on what we think its job should be If it is preventing the worst excesses of environmental
degradation it is probably doing ok- but allowing for a steady deterioration
If it is to ensure the health of the planet and protect the natural world- it is not
Although environmental law has broadened considerably in last 20 years arguably laws are generally piecemeal, poorly enforced and ultimately subservient to the trade imperative – economic growth
Is current environmental law doing its job?
Laws only reflects the belief systems of society- they are not sacrosanct
These belief systems may be predicated upon false assumptions ‘Madness is something rare in individuals- but in groups, parties,
people, ages it is the rule.’ Nietzsche, Beyond Good and Evil
Is current environmental law doing its job?
I would argue that our present environmental laws lack bedrock principles and that is one reason why they are ineffective at preventing environmental destruction
The ‘core’ principles of environmental law, the preventative, polluter pays, precautionary are only operating principles. They don’t provide a compass point of direction
The only one which does (in my view) is that of sustainable development- but what does that really mean?
A thought on sustainable development
Is sustainable development a realistic option?
James Lovelock- Revenge of Gaia
Two hundred years ago, when change was slow, we might have had time to establish sustainable development, but now is much too late; the damage has already been done. (Page 3)
Why are we in this predicament? Largely due to a breakdown in our relationship with the
natural world Religious beliefs, principally Judaeo-Christian in which man
seen to have dominion over other species (contrast with Buddhism) , anthropocentric
Philosophy, Bacon and Descartes who saw world as mechanistic, like a giant clock, division between humans and natural world
Science, Galileo and Newton, physical world could be understood by mathematics, reductionist analysis
Science, interpretation of Darwin and competition between individuals and species, natural selection (ignores symbiotic relationships)
“We should endeavor to establish and extend the power and dominion of the human race itself overthe Universe.” Francis Bacon. 1561- 1626
“I have described the Earth and the whole visibleUniverse in the manner of a machine.” Descartes. 1596 -1650
Why are we in this predicament? Legal- Concepts of resources (for exploitation) and
ownership of animals and land (contrast to thinking of Native Americans)
Political-short term thinking, eg energy policy, rapid exploitation of oil and gas reserves
Fear of losing votes for unpopular measures Eg charging householders for waste they produce (Times 26 October 2007 Gordon Brown stopped household rubbish tax )
Climate change disconnect between scientific understanding and political action
Why are we in this predicament? Current value systems/culture The idea that man is superior to other species generally still
dominates human cultures in our treatment of other species:WhalingHunting for pleasureAnimals in captivity eg pets, zoosIntensive farmingProf William Baxter, “People or Penguins: The Case for Optimal Pollution”,1975
“I reject the proposition that we ought to respect the “balance of nature” or to “preserve the environment” unless the reason for doing so . . . the benefit of man.”
Rights of Future Generations? See Christopher Stone - Should we Establish a Guardian for
Future Generations
If you want to get involved join UKELA and Wild Law Special Interest Group
If you want to get involved join UKELA and Wild Law Special Interest Group
Some quotes Christopher Stone
‘The argument for personifying the environment , from the point of damage calculations, can best be demonstrated from the welfare economics position. Every well-working legal-economic system should be so constructed as to confront each of us with the full costs that our activities are imposing upon society.’
Quotes Thomas Berry
With the rise of modern sciences we began to think of the universe as a collection of objects rather than as a communion of subjects.
Little attention has been given to the consequences of basing the entire functioning of the human community on an extractive economy….An extractive economy is by its nature a terminal economy.
Quotes Cormac Cullinan
The rapid deterioration of Earth is clear evidence that our governance systems (laws) are defective. (From Wild Law p38)
The idea that we are separate from, or superior to, Earth is a dangerous delusion that may yet prove fatal. (From Sowing Wild Law)
Earth Jurisprudence –Key Individuals
Michael Meacher
The capitalist model is not sustainable. Guardian 09/02/2005
Andy Kimbrell
As tempting as it is to blame the violations of the Earth on the greed and malevolence of corporate entities, it is really the technological systems in which most of us live and participate which are the essential problem. Resurgence March /April 2008
Quotes
Ian Mason
Contemporary problems with climate change, loss of biodiversity and impoverished livelihoods are symptoms not causes. The causes lie in the human psyche and result from losing connection with the natural world
Liz Hosken
The great challenge that climate change presents the Western industrial mind is to learn the language of the Earth, so that we can once again live by her immutable laws.
QuotesMelanie Strickland
It is evident that we need a new cultural and legislative framework if we are to preserve the planet’s ecosystems and its rich biodiversity, as well as averting dangerous climate change.
Satish Kumar
The idea that we human beings own nature is a fundamental flaw of western thought and laws and unless we can change this idea global warming will never come to an end.
Suggested reading list- BooksChristopher Stone- Should Trees Have Standing?Lovelock- Gaia A New Look at Life on Earth 1979Lovelock – The Revenge of Gaia 2006Margulis- The Symbiotic Planet 1998Berry- The Great Work 1999Cullinan- Wild Law 2002Harding – Animate Earth 2nd Edition 2009John Gribbin- Deep Simplicity
Suggested reading list- Papers/ Articles
Environmental Law & Management Jan-Feb 2006 Environmental Law & Management March- April 2007Environmental Law & Management Sept- 2009Resurgence March/April 2008Law for the Ecological Age- Joe Guth- Vermont Journal of Env
LawCrispin Tickell- Environment on the Edge- UKELA Garner Lecture 2005UKELA /Gaia Research Project Wild Law: Is there any evidence of
earth jurisprudence in existing law and practice? Begonia Filgueira and Ian Mason March 2009