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Earth jurisprudence : Comments
By Peter Burdon, published 2/10/2009Under western law, nature is regarded as human property: it can be bought, sold, exploited and destroyed to satisfy humans.
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This piece seeks to convey several point:
1. Law reflects culture - western law has developed in a fashion that reflects broader anthropocentric philosophy
2. The legal 'idea' of property defines nature as a human resources, which can be bought, sold, exploited or destroyed in satisfaction of individual preferences.
3. Our current mode of environmental protection is regulatory in nature and is not protecting the environment
4. The concept of 'rights for nature' as it appears in positive law may provide a better avenue for protecting the environment. As I note, several countries have adopted this legislation.
In this article I do not mention, 'communism', total rejection of property systems, 'economic illiteracy' or that values are non human constructs. If commentators can practice reading comprehension and write with basic respect, we may have an interesting dialogue.