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 dioxideshowing 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
Number of families
200
180
160
140
120
100
80
60
40
20
0
-300
-250
-200
-150
Time (my)
-100
-50
0
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 of
Global Change
From: Steffen et. al
2004
population
Metrics of
Global Change
CO2
climate
species
From: Steffen et. al
2004
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 argument
A 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 over
the Universe.” Francis Bacon. 1561- 1626
“I have described the Earth and the whole visible
Universe 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:
Whaling
Hunting for pleasure
Animals in captivity eg pets, zoos
Intensive farming
Prof 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.
Quotes
Melanie 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- Books
Christopher Stone- Should Trees Have Standing?
Lovelock- Gaia A New Look at Life on Earth 1979
Lovelock – The Revenge of Gaia 2006
Margulis- The Symbiotic Planet 1998
Berry- The Great Work 1999
Cullinan- Wild Law 2002
Harding – Animate Earth 2nd Edition 2009
John Gribbin- Deep Simplicity
Suggested reading list- Papers/ Articles
Environmental Law & Management Jan-Feb 2006
Environmental Law & Management March- April 2007
Environmental Law & Management Sept- 2009
Resurgence March/April 2008
Law for the Ecological Age- Joe Guth- Vermont Journal of Env Law
Crispin Tickell- Environment on the Edge- UKELA Garner Lecture
2005
UKELA /Gaia Research Project Wild Law: Is there any evidence of
earth jurisprudence in existing law and practice? Begonia Filgueira
and Ian Mason March 2009