Owning the Earth

Publisher:
Wakefield Press
Publication Type:
Chapter
Citation:
Exploring Wild Law: The Philosophy of Earth Jurisprudence, 2011, 1, pp. 261 - 271
Issue Date:
2011-01
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The Earth and jurisprudence are both systems. The Earth is a system of physical and interlinked relationships. Jurisprudence is a system of abstract laws. Jurisprudence is a human creation. As such, jurisprudence is a system that depends for its existence on the systems of Earth because the former is the creation of a species whose existence is of the latter. It is therefore important, indeed necessary, to situate the system of laws within the physical context of the Earth's systems, because although the law currently situates itself above or separate to the physical realm, in reality the converse is true. Humans are physical beings dependent on, and subject to, their only home and ultimate jurisdiction - Earth. In a discussion of the idea of Earth Jurisprudence it is necessary to consider the laws of land and water ownership and use in terms of their physical (or economic) viability. In other words, laws that regulate the ownership and use of the Earth and its resources --- - -, - - --- - - - --- -_. -would-need-to-both-facilitate-and-regulate-human-earth ┬Ěrelations-th-ar-are-consistent-with the unilateral dependence of humans and their socio-economic systems on the Earth's systems.
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