Earth Jurisprudence in Action Dissertation or Thesis by Cara

Discuss the evolving area of Earth jurisprudence and the recognition of the rights of nature both internationally and within the United States.
# 152080 | 6,895 words | 58 sources | MLA | 2010 | US


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Description:

This paper first introduces the concept and history of Earth jurisprudence, explains the difference between Earth jurisprudence and environmental law and examines how indigenous peoples can be the model for change. Next, the author looks at the furtherance of Earth jurisprudence and the recognition of the rights of nature on an international level and what has been done within the United States to further the Earth jurisprudence and recognition of the rights of nature. The paper offers proposals to advance Earth jurisprudence in the United States and specifically in Florida, the Sunshine State. The bibliography is in the footnotes. Some of these references are annotated.

Table of Contents:
Introduction
What is Earth Jurisprudence
International Support for an Earth Jurisprudence
2001 GAIA FOUNDATION CONFERENCE
Kyoto Protocol and its Successors
Countries Around the World
Implementation in the United States
The United States Constitution and the Supreme Court
State Action
Florida
Proposals for Furthering Earth Jurisprudence
Conclusion

From the Paper:

"To achieve this symbiotic relationship, it needs to be understood that every part of the Earth community, both the living and non-living have rights; rights that cannot be canceled out or ignored by humans. The rights shared by the living and the non-living, as expounded by Thomas Berry, are "the right to be, the right to habitat or place to be, and the right to fulfill its role in the ever-renewing process of the Earth community." These three rights are species specific and limited; meaning that "birds have bird rights" and "humans have human rights"; rights that would not be beneficial or meaningful to another species other than themselves. A human would gain nothing from a bird right, just as a bird would gain nothing from a human right. Accepting the individualized rights of species would make it possible for each species to flourish in their own environment as well as in the Earth community as a whole. In order for these rights to be recognized, however, humanity's way of thinking and its systems of governance need to be changed. These changes in ideology and the systems of governance are made possible by the acceptance of Earth jurisprudence and its principles."

Sample of Sources Used:

  • Thomas Berry, www.thomasberry.org (last visited Nov. 15, 2009).
  • Sister Patricia Siemen, OP, Esq, Introduction: Earth Jurisprudence: Toward Law in Nature's Balance, 11 Barry L. Rev. 1 (2008).
  • World Health Organization: Global Environmental Change http://www.who.int/globalchange/en/ (last visited Apr. 10, 2007).
  • A report by the Harvard Medical School, Center for Health and the Global Environment. Biodiversity: Its Importance to Human Health (2002) available at http://chge.med.harvard.edu/publications/documents/Biodiversity_v2_screen.pdf.
  • Eric Chivian & Aaron Bernstein, Sustaining Life: How Human Health Depends on Biodiversity (2008), available at http://books.google.com/books?id=n4ET74GCMG0C.

Cite this Dissertation or Thesis:

APA Format

Earth Jurisprudence in Action (2012, December 13) Retrieved October 21, 2020, from https://www.academon.com/dissertation-or-thesis/earth-jurisprudence-in-action-152080/

MLA Format

"Earth Jurisprudence in Action" 13 December 2012. Web. 21 October. 2020. <https://www.academon.com/dissertation-or-thesis/earth-jurisprudence-in-action-152080/>

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