Jurisprudential Challenges to the Protection of the Natural Environment

Fisher, Douglas E. (2014) Jurisprudential Challenges to the Protection of the Natural Environment. In Maloney, Michelle & Burdon, Peter (Eds.) Wild Law - In Practice. Routledge, United Kingdom, pp. 95-112.

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Abstract

Nature exists. Humans exist. The behaviour of one impacts upon the other. The behaviour of humans is governed by the artificial contrivance described as the law. While the law can in this way control the behaviour of humans and the impact that human behaviour has on nature, the behaviour of nature is governed – if at all- in accordance with nature’s own sets of values which are quintessentially a matter for nature. The relationship between nature and humans may be the object of rules of law, but traditional legal doctrine dictates that humans but not nature are the subjects of the rules of law. The jurisprudence of the earth – it would appear – seeks to equalise in the eyes of the law nature as part of the global environment and humans as part of the global environment. How might this be done?

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ID Code: 75042
Item Type: Book Chapter
Keywords: environmental law, wild law
ISBN: 9780415663342
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Routledge
Deposited On: 14 Aug 2014 01:18
Last Modified: 13 Oct 2015 15:31

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