Earth jurisprudence

This article has an unclear citation style. The references used may be made clearer with a different or consistent style of citation and footnoting. (March 2021) (Learn how and when to remove this message)

Part of a series on
Environmental law
Pollution control law
Environmental impact assessment Air quality law Water quality law Waste management law Environmental cleanup law
Natural resources law
Species protection Water resources law Mining law Forestry law Fisheries law Game law
Reference materials
Environmental journals International environmental agreements Environmental laws by country Environmental lawsuits Environmental ministries Supranational environmental agencies
Related topics
Administrative law Bankruptcy law Climate change litigation Earth jurisprudence Earth law Ecocide Energy law Environmental crime poaching Environmental personhood Environmental justice Insurance law International law Land law Land use Law of the sea Property law Public trust doctrine Rights of nature Right to a healthy environment War and environmental law Wild law
v t e

Earth jurisprudence is a philosophy of law and human governance that is based on the fact that humans are only one part of a wider community of beings and that the welfare of each member of that community is dependent on the welfare of the Earth as a whole.^[1][2] It states that human societies will only be viable and flourish if they regulate themselves as part of this wider Earth community and do so in a way that is consistent with the fundamental laws or principles that govern how the universe functions, which is the 'Great Jurisprudence'.

Earth jurisprudence can be differentiated from the Great jurisprudence, but can also be understood as being embedded within it. Earth jurisprudence can be seen as a special case of the Great Jurisprudence, applying universal principles to the governmental, societal and biological processes of Earth.

Earth jurisprudence seeks to expand our understanding of the relevance of governance beyond humanity to the whole Earth community, it is Earth-centric rather than anthropocentric. It is concerned with the maintenance and regulation of relations between all members of the Earth community, not just between human beings. Earth jurisprudence is intended to provide a philosophical basis for the development and implementation of human governance systems, which may include ethics, laws, institutions, policies and practices. It also places an emphasis on the internalisation of these insights and on personal practice, in living in accordance with Earth jurisprudence as a way of life.

Earth jurisprudence should reflect a particular human community's understanding of how to regulate itself as part of the Earth community and should express the qualities of the Great jurisprudence of which it forms part. The specific applications of Earth jurisprudence will vary from society to society, while sharing common elements. These elements include:

• a recognition that any Earth jurisprudence exists within a wider context that shapes it and influences how it functions;
• a recognition that the universe is the source of the fundamental 'Earth rights' of all members of the Earth community, rather than some part of the human governance system and accordingly these rights cannot be validly circumscribed or abrogated by human jurisprudence;
• a means of recognising the roles and 'rights' of non-human members of the Earth community and of restraining humans from unjustifiably preventing them fulfilling those roles;
• a concern for reciprocity and the maintenance of a dynamic equilibrium between all the members of the Earth community determined by what is best for the system as a whole (Earth justice); and
• an approach to condoning or disapproving human conduct on the basis of whether or not the conduct strengthens or weakens the bonds that constitute the Earth community.