Wild law
Encyclopedia
The term ‘wild law’ was first coined by Cormac Cullinan
, to refer to human laws that are consistent with Earth jurisprudence
. A wild law is a law made by people to regulate human behaviour that privileges maintaining the integrity and functioning of the whole Earth community in the long term, over the interests of any species (including humans) at a particular time.
Wild laws are designed to regulate human participation within this wider community. They seek to balance the rights and responsibilities of humans against those of other members of the community of beings within the natural environment
that constitutes Earth (e.g. plants, animals, rivers, and ecosystems) in order to safe-guard the rights of all the members of the Earth community
.
Wild laws may be distinguished from laws based on the understanding that Earth is a conglomeration of objects which human beings are entitled to exploit for their exclusive benefit (e.g. most property laws). The development of wild laws is motivated partially by the belief that it is desirable, and essential to the survival of many species (probably including humans), for us to change our relationship with the natural world from one of exploitation to a more ‘democratic’ participation in a community of other beings. This requires laws that firstly, recognise that other members of the Earth community have rights
, and secondly, restrain humans from unjustifiably infringing those rights (as is done within the human community).
, procedural
, private
or public law
). It is perhaps better understood as an approach to human governance
, rather than as a branch of law or a collection of laws.
A conference based on the concept of wild law was held in November 2005 at the University of Brighton
, UK. The conference was chaired by former Environment Minister Michael Meacher
MP
and speakers included Jacqueline McGlade, head of the European Environment Agency
and Lynda Warren of the Environment Agency
.
In November 2006, a conference based on the book Wild Law by Cormac Cullinan was held at the University of Brighton, UK, and organised jointly by UKELA and ELF
. 'A Walk on the Wild Side: Changing Environmental Law' and was chaired by John Elkington (of SustainAbility
and the ELF Advisory Council) with guest speakers, Cormac Cullinan, Norman Baker
MP (former Liberal Democrat
Environment Spokesman), Satish Kumar
(Resurgence) and Begonia Filgueira (Gaia Law Ltd).
"A ‘Wild Law’ Response to Climate Change" workshop was held in September 2007 to develop a practical approach for applying Wild Law principles which are already helping shift legal processes in the US and South Africa. Organised by UKELA, with support from ELF
and the Gaia Foundation, London
and sponsored by The Body Shop
. Held at a conference centre in Derbyshire in the UK, with internationally renowned speakers Cormac Cullinan
, author of Wild Law, Professor Brian Goodwin
, visiting scholar and teacher on MSc in Holistic Science, at the Schumacher College
, International Centre for Ecological Studies, Devon, Andrew Kimbrell, executive director of The Center for Food Safety
in USA and founder of the International Center for Technology Assessment
, Peter Roderick, director of the Climate Justice Programme and was Friends of the Earth
's lawyer in London from 1996.
The "’Wild Law’ - Ideas into Action" residential workshop is to be held in September 2008, to launch the first phase of international research by the UKELA and the Gaia Foundation
to identify Wild Law in practice and provide a Wild Law toolkit for decision makers and practitioners. Held at a conference centre in Derbyshire, UK, workshop leaders include: Mellese Damtie, Ethiopian lawyer and biologist, former Dean of the Legal Department at Ethiopia's Civil Service College, Andrew Kimbrell, public interest attorney, activist and author, executive director of the Centre for Food Safety in USA and founder of the International Centre for Technology Assessment; and Professor Lynda Warren, emeritus professor at Aberystwyth University, environmental consultant and the research supervisor. Also participating, research paper coordinators, Begonia Filgueira, of Gaia Law Ltd and ERIC Ltd, and Ian Mason, practising barrister and Director of the Earth Jurisprudence Resource Centre; Cormac Cullinan
, an environmental lawyer based in Cape Town, South Africa, author of Wild Law, director of the leading South African environmental law firm, Cullinan and Associates Inc., and CEO of EnAct International, an environmental governance consultancy; and Ng’anga Thiong’o, legal and policy adviser for Kenyan community NGO, Porini, and formerly to Green Belt Movement and Nobel prize winner, Wangari Maathai
. This event is facilitated by Elizabeth Rivers, former commercial lawyer and professional facilitator, and Vicki Elcoate, Executive Director of UKELA.
Cormac Cullinan
Cormac Cullinan is a practising environmental attorney and author based in Cape Town, South Africa. He is a director of the leading South African environmental law firm, Cullinan & Associates Inc, and Chief Executive Officer of EnAct International, an environmental governance consultancy...
, to refer to human laws that are consistent with Earth jurisprudence
Earth jurisprudence
Earth jurisprudence is a philosophy of law and human governance that is based on the idea 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...
. A wild law is a law made by people to regulate human behaviour that privileges maintaining the integrity and functioning of the whole Earth community in the long term, over the interests of any species (including humans) at a particular time.
Background
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
that constitutes Earth (e.g. plants, animals, rivers, and ecosystems) in order to safe-guard the rights of all the members of the Earth community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
.
Wild laws may be distinguished from laws based on the understanding that Earth is a conglomeration of objects which human beings are entitled to exploit for their exclusive benefit (e.g. most property laws). The development of wild laws is motivated partially by the belief that it is desirable, and essential to the survival of many species (probably including humans), for us to change our relationship with the natural world from one of exploitation to a more ‘democratic’ participation in a community of other beings. This requires laws that firstly, recognise that other members of the Earth community have rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
, and secondly, restrain humans from unjustifiably infringing those rights (as is done within the human community).
Applications and consensus
As a field, wild law cannot easily be categorised within traditional legal categories (e.g. substantiveSubstantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...
, procedural
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
, private
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
or public law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
). It is perhaps better understood as an approach to human governance
Good governance
Good governance is an indeterminate term used in development literature to describe how public institutions conduct public affairs and manage public resources in order to guarantee the realization of human rights. Governance describes "the process of decision-making and the process by which...
, rather than as a branch of law or a collection of laws.
A conference based on the concept of wild law was held in November 2005 at the University of Brighton
University of Brighton
The University of Brighton is an English university of the United Kingdom, with a community of over 23,000 students and 2,600 staff based on campuses in Brighton, Eastbourne and Hastings. It has one of the best teaching quality ratings in the UK and a strong research record, factors which...
, UK. The conference was chaired by former Environment Minister Michael Meacher
Michael Meacher
Michael Hugh Meacher is a British Labour politician, who has been the Member of Parliament for Oldham West and Royton since 1997. Previously he had been the MP for Oldham West, first elected in 1970. On 22 February 2007 he declared that he would be standing for the Labour Leadership, challenging...
MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and speakers included Jacqueline McGlade, head of the European Environment Agency
European Environment Agency
European Environment Agency is an agency of the European Union. Its task is to provide sound, independent information on the environment. It is a major information source for those involved in developing, adopting, implementing and evaluating environmental policy, and also the general public...
and Lynda Warren of the Environment Agency
Environment Agency
The Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:...
.
In November 2006, a conference based on the book Wild Law by Cormac Cullinan was held at the University of Brighton, UK, and organised jointly by UKELA and ELF
ELF
ELF may be:Science* Electron localization function, a concept in quantum mechanics* Extremely low frequency, the band of radio frequencies from 3 to 30 HertzLinguistics...
. 'A Walk on the Wild Side: Changing Environmental Law' and was chaired by John Elkington (of SustainAbility
Sustainability
Sustainability is the capacity to endure. For humans, sustainability is the long-term maintenance of well being, which has environmental, economic, and social dimensions, and encompasses the concept of union, an interdependent relationship and mutual responsible position with all living and non...
and the ELF Advisory Council) with guest speakers, Cormac Cullinan, Norman Baker
Norman Baker
Norman John Baker is a British Liberal Democrat politician who has been the Member of Parliament for Lewes in East Sussex since 1997. Since May 2010 he has been Parliamentary Under Secretary for the Department for Transport....
MP (former Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
Environment Spokesman), Satish Kumar
Satish Kumar
Satish Kumar is an Indian, currently living in England, who has been a Jain monk and a nuclear disarmament advocate, and is the current editor of Resurgence, founder and Director of Programmes of the Schumacher College international centre for ecological studies and of The Small School...
(Resurgence) and Begonia Filgueira (Gaia Law Ltd).
"A ‘Wild Law’ Response to Climate Change" workshop was held in September 2007 to develop a practical approach for applying Wild Law principles which are already helping shift legal processes in the US and South Africa. Organised by UKELA, with support from ELF
ELF
ELF may be:Science* Electron localization function, a concept in quantum mechanics* Extremely low frequency, the band of radio frequencies from 3 to 30 HertzLinguistics...
and the Gaia Foundation, London
Gaia Movement
The Gaia Movement is an international network of individuals and groups that share a concern for living more sustainably on the earth. The term "Gaia" comes from Greek mythology, where it is the name of the Goddess of the Earth...
and sponsored by The Body Shop
The Body Shop
The Body Shop International plc, known as The Body Shop, has 2,400 stores in 61 countries, and is the second largest cosmetic franchise in the world, following O Boticario, a Brazilian company...
. Held at a conference centre in Derbyshire in the UK, with internationally renowned speakers Cormac Cullinan
Cormac Cullinan
Cormac Cullinan is a practising environmental attorney and author based in Cape Town, South Africa. He is a director of the leading South African environmental law firm, Cullinan & Associates Inc, and Chief Executive Officer of EnAct International, an environmental governance consultancy...
, author of Wild Law, Professor Brian Goodwin
Brian Goodwin
Brian Carey Goodwin was a Canadian mathematician and biologist, a Professor Emeritus at the Open University and a key founder of the field of theoretical biology.He made key contributions to the foundations of biomathematics, complex systems and generative models in developmental biology...
, visiting scholar and teacher on MSc in Holistic Science, at the Schumacher College
Schumacher College
Schumacher College was founded in 1991 in Dartington, Totnes, Devon, UK by Satish Kumar, John Lane and others. It was named after E.F. Schumacher. It is an international centre offering transformative learning for sustainable living, and runs holistic education courses...
, International Centre for Ecological Studies, Devon, Andrew Kimbrell, executive director of The Center for Food Safety
Center for Food Safety
The Center for Food Safety is a U.S. non-profit organization, based in Washington, D.C., that also maintains an office in San Francisco, CA...
in USA and founder of the International Center for Technology Assessment
International Center for Technology Assessment
The International Center for Technology Assessment is a U.S. non-profit bi-partisan organization, based in Washington, D.C.. ICTA aims to provide the public with full assessments and analyses of technological impacts on society...
, Peter Roderick, director of the Climate Justice Programme and was Friends of the Earth
Friends of the Earth
Friends of the Earth International is an international network of environmental organizations in 76 countries.FOEI is assisted by a small secretariat which provides support for the network and its agreed major campaigns...
's lawyer in London from 1996.
The "’Wild Law’ - Ideas into Action" residential workshop is to be held in September 2008, to launch the first phase of international research by the UKELA and the Gaia Foundation
Gaia Foundation
The Gaia Foundation of Western Australia is part of the international Gaia Movement of individuals and groups which share concerns with living more sustainably on the Earth, which was inspired by the Gaia hypothesis of James Lovelock and Lynn Margulis, and is attempting to bring about the Great...
to identify Wild Law in practice and provide a Wild Law toolkit for decision makers and practitioners. Held at a conference centre in Derbyshire, UK, workshop leaders include: Mellese Damtie, Ethiopian lawyer and biologist, former Dean of the Legal Department at Ethiopia's Civil Service College, Andrew Kimbrell, public interest attorney, activist and author, executive director of the Centre for Food Safety in USA and founder of the International Centre for Technology Assessment; and Professor Lynda Warren, emeritus professor at Aberystwyth University, environmental consultant and the research supervisor. Also participating, research paper coordinators, Begonia Filgueira, of Gaia Law Ltd and ERIC Ltd, and Ian Mason, practising barrister and Director of the Earth Jurisprudence Resource Centre; Cormac Cullinan
Cormac Cullinan
Cormac Cullinan is a practising environmental attorney and author based in Cape Town, South Africa. He is a director of the leading South African environmental law firm, Cullinan & Associates Inc, and Chief Executive Officer of EnAct International, an environmental governance consultancy...
, an environmental lawyer based in Cape Town, South Africa, author of Wild Law, director of the leading South African environmental law firm, Cullinan and Associates Inc., and CEO of EnAct International, an environmental governance consultancy; and Ng’anga Thiong’o, legal and policy adviser for Kenyan community NGO, Porini, and formerly to Green Belt Movement and Nobel prize winner, Wangari Maathai
Wangari Maathai
Wangari Muta Mary Jo Maathai was a Kenyan environmental and political activist. She was educated in the United States at Mount St. Scholastica and the University of Pittsburgh, as well as the University of Nairobi in Kenya...
. This event is facilitated by Elizabeth Rivers, former commercial lawyer and professional facilitator, and Vicki Elcoate, Executive Director of UKELA.
See also
- Conservation movementConservation movementThe conservation movement, also known as nature conservation, is a political, environmental and a social movement that seeks to protect natural resources including animal, fungus and plant species as well as their habitat for the future....
- EnvironmentalismEnvironmentalismEnvironmentalism is a broad philosophy, ideology and social movement regarding concerns for environmental conservation and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the concerns of non-human elements...
- Environmental movementEnvironmental movementThe environmental movement, a term that includes the conservation and green politics, is a diverse scientific, social, and political movement for addressing environmental issues....
- Environmental organizations
- Green party
- Green politicsGreen politicsGreen politics is a political ideology that aims for the creation of an ecologically sustainable society rooted in environmentalism, social liberalism, and grassroots democracy...
- List of environmental organizations
- List of environmental issues
- NatureNatureNature, in the broadest sense, is equivalent to the natural world, physical world, or material world. "Nature" refers to the phenomena of the physical world, and also to life in general...
- Natural landscapeNatural landscapeA natural landscape is a landscape that is unaffected by human activity. A natural landscape is intact when all living and nonliving elements are free to move and change. The nonliving elements distinguish a natural landscape from a wilderness. A wilderness includes areas within which natural...
- SustainabilitySustainabilitySustainability is the capacity to endure. For humans, sustainability is the long-term maintenance of well being, which has environmental, economic, and social dimensions, and encompasses the concept of union, an interdependent relationship and mutual responsible position with all living and non...
- Sustainable developmentSustainable developmentSustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
Literature
- Cormac CullinanCormac CullinanCormac Cullinan is a practising environmental attorney and author based in Cape Town, South Africa. He is a director of the leading South African environmental law firm, Cullinan & Associates Inc, and Chief Executive Officer of EnAct International, an environmental governance consultancy...
, Wild Law: A Manifesto for Earth JusticeWild Law (book)Wild Law: A Manifesto for Earth Justice is a book by Cormac Cullinan that proposes recognizing natural communities and ecosystems as legal persons with legal rights. The book explains the concept of wild law, that is, human laws that are consistent with earth jurisprudence...
, Green Books, Totnes, Devon, 2003 ISBN 1-9039998-35-2; first published by Siber Ink, Cape Town, South Africa, August 2002 ISBN 0-9584417-8-2 - Simon Boyle, 'On thin ice', The Guardian newspaper, London, November 2006
- Stephen Harding, 'Earthly rights', The Guardian newspaper, London, April 2007
- Silver Donald Cameron, 'When does a tree have rights?', The Chronicle Herald (Halifax, Nova Scotia), January, 2007
- Cormac Cullinan, 'If Nature Had Rights', Orion (magazine)Orion (magazine)Orion is a bimonthly, advertisement-free, magazine focused on nature, the environment, and culture, addressing environmental and societal issues....
, USA, January 2008
External links
- Center for Earth Jurisprudence
- EnAct International, an environmental law consultancy based in Cape Town, South Africa, founded by Cullinan
- The Gaia Foundation, London
- UKELA
- Earth Law
- The E.F. Schumacher Society
- ELF Law
- Siber Ink, the original publisher of Wild Law.