Trend of the Day: Earth Law

Around the world, we are seeing the emergence of creative alternatives to destructive economic paradigms. The good news is what is healthy for an ecosystem is also good for people: key ingredients are localization and regionalism. The best economic and environmentally sound solutions are place-based, diverse according to region, and are responsive to local communities and social needs. Instead of fearing a transition to an Earth Community Economy, we can support and enjoy local organic food, vibrant local businesses, a healthy local economy, jobs with justice and the development of clean decentralized energy. I’m not talking about utopias, but rather regenerative, functional, local communities.

Excerpted from Osprey Orielle Lake:

mountain

Image: Creative Commons/blmiers2

“I believe one of the most critical areas of work that we can focus on is Earth law. The idea of Rights of Nature or Rights of Mother Earth can address our dire need to truly become “civilized” in the highest sense of this word—meaning to live civilly with each other and our Earth, respecting both natural laws and the Earth’s ecosystems.

Around the world, and in almost all non-indigenous systems of law, nature and ecosystems are treated as property. Our life-giving rivers, forests, and mountains are treated as property to be sold and consumed, often protected under commerce laws. As property, these natural communities and ecosystems are not recognized as rights-holders. In our legal systems, because nature is property, it is invisible to courts.

Beyond the legal frameworks, this nonrecognition of the inherent rights of nature has dangerously contributed to distancing us culturally and personally from our living planet. I think we should consider this old, property-based legal system as highly uncivilized.

That said, what is very encouraging right now and brings promise is that for the past three decades, environmental lawyers and visionary thinkers around the globe have been developing a new theory of jurisprudence to change that system.

The “Rights of Nature” approach promotes a structure of law that recognizes that our living planet has rights of its own. If a Rights of Nature legal framework were implemented, activities that harm the ability of ecosystems and natural communities to thrive and naturally restore themselves, would be in legal violation of nature’s rights.

The Rights of Mother Earth framework recognizes the inherent meaning, sacredness, and value of the natural world: that which is not tradable or subject to commerce.

These rights along with respecting human rights are what being civil means.”

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