Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor

Kotze, Louis (2020) Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor. Transnational Legal Theory . ISSN 2041-4005

Full content URL: https://doi.org/10.1080/20414005.2020.1776556

Documents
Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor
Authors' Accepted Manuscript

Request a copy
[img] Microsoft Word
EarthSystemLawRevLincolnRepository (1).docx - Whole Document
Restricted to Repository staff only until 5 December 2021.

93kB
Item Type:Article
Item Status:Live Archive

Abstract

Despite its noble intentions and some victories, environmental law has been and continues to be complicit in driving the processes and paradigms that give rise to the Anthropocene. Environmental law is also unable to respond to the regulatory challenges that arise from the Anthropocene’s complex Earth system. We need a new legal paradigm that is better fit for purpose in the Anthropocene called Earth system law. A key reason for environmental law’s failures and an obstacle preventing its transformation, is its reluctance to embrace and respond to the notion of the Earth system. My hypothesis is that the Earth system metaphor should be key in rethinking environmental law with the ultimate view to constructing Earth system law for the Anthropocene. The primary purpose of this paper is to explore what the Earth system metaphor entails and what it might imply for environmental law’s transformation to Earth system law.

Keywords:Environmental law, Earth system science, Earth system governance, Anthriocene
Subjects:M Law > M100 Law by area
Divisions:College of Social Science > Lincoln Law School
ID Code:41171
Deposited On:19 Jun 2020 10:45

Repository Staff Only: item control page