"Law week soccer competition: 16-19 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 25.

Waiting may feel like wasted time for people inhabiting small, low-lying, and extremely vulnerable island states as they await rising sea levels. Their homes may soon become uninhabitable due to climate change. The interplay between accelerating natural hazards, an increasing number of climate refugees, and the lack of adequate international refugee protection can prolong their waiting time. Therefore, I examine this experience within the complexity of the waiting framework consisting of existential, legal, and natural waiting. I explore the negative (...) implications of climate refugees’ waiting and how such waiting may be prevented. (shrink)

This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, an undeferrable need for a change of approach to international law toward ecocentrism, which puts the environment at the center and conceives the environment as us, including humans, non-human beings, and natural objects. To encourage the (...) incorporation of ecocentrism in the entire discipline, the Reflection will rely on some insight of ecofeminism, whose potential has not been fully investigated in international legal scholarship. In the second part, the Reflection illustrates what an eco-centric international law would mean, imagining three possible applications: first, what the author has called environmental global health, which is connected to the current pandemic and puts into question the proposals dealing with global health that completely miss the theorization of the environment as a whole; second, how actors of international law would change according to an eco-centric perspective; and, third, how the rules prohibiting the use of force might be reconceptualized. The analysis contained in these pages cannot itself exhaust all the possible nuances of the legal reasoning, but it is aimed at being a provocative starting point for a change in the mindset and approach of international legal scholarship. (shrink)

Traditional ecocentric ethics relies on an ecology that emphasizes the stability and integrity of ecosystems. Numerous ecologists now focus on natural systems that are less clearly characterized by these properties. We use the elimination and restoration of wolves in Yellowstone to illustrate troubles for traditional ecocentric ethics caused by ecological models emphasizing instability in natural systems. We identify several other problems for a stability-integrity based ecocentrism as well. We show how an ecocentric ethic can avoid these difficulties by emphasizing (...) the value of the wildness of natural systems and we defend wildness value from a rising tide of criticisms. (shrink)

Anthropocentrism has been proposed as the underlying cause of modern society's environmental impact. Concomitantly, hunter-gatherers’ orientation towards nature is connected with minimal environmental change or conservation, and seen as validating the idea that ‘what people do about their ecology depends upon what they think about themselves in relation to things around them’ (White 1967: 1205). Here it is argued that the notion that orientation towards nature is instrumental in environmental impact in any generalisable way has little empirical support and, most (...) importantly, is under-theorised and conceptually flawed. Employing a strong structurationist approach, it is shown that the tendency to abstract particular values from their social and environmental context must be resisted and that a deeper conception of the ‘inner lives’ of agents is required. Such an approach is more expansive and engages with a range of other motives as well as the unintended environmental consequences of actions. (shrink)

From a planetary perspective, industrialized humans have become unvirtuous and holistically destructive in comparison to 99% of human genus existence. Why? This paper draws a transdisciplinary explanation. Humans are social mammals who are born particularly immature with a lengthy, decades-long maturational schedule and thus evolved an intensive nest for the young. Neurosciences show that evolved nest components support normal development at all levels, laying the foundations for virtue. Nest components are degraded in industrialized societies. Studies and accounts of societies that (...) provide the nest, particularly nomadic foragers, the type of society in which humanity spent 99% of its genus history, indicate a more virtuous human nature than that industrialized societies think is normal or possible. Nest-supported human nature displays Darwin’s moral sense whereas unnested individuals show dysregulation and a degraded moral sense—a species-atypical human nature. Original virtue is about flourishing—of self, human community and the more than human community—within all circles of life, based in a deep awareness of humanity’s dependence on the rest of nature to survive. The pillars of original virtue include relational attunement, communal imagination, and respectful partnership with the natural world. All are apparent in human societies that provide the nest to their young, fostering connectedness throughout life. They maintain communal imagination through cultural practices that enhance ecological attachment and receptive intelligence to the natural world. (shrink)

Ecocentrism has to establish an intrinsic connection between its basic value postulate of the non-instrumental value of the nonhuman world and a conception of human flourishing, on pain of failure to motivate acceptance of its social and political prescriptions. This paper explores some ideas recently canvassed by ecocentrists such as Robyn Eckersley, designed to establish this connection – transpersonal ecology, autopoietic value theory and ecofeminism – and finds them open to objection. An alternative approach is developed which concentrates on (...) the connection between non-human nature and person-hood, via the phenomenon of culture. Persons are conceived of as essentially culture-creators, and the fact of their embodiment in ecosystems is argued to be essential to their activities as culture creators. The variety and integrity of such systems thus turns out to be essential for the flourishing of what is essential to personhood. This means that ecocentrism has to be abandoned in its pure form, and replaced with person-centrism, but this conclusion is argued for on the basis of the extension of the concept of the self – a strategy often endorsed by ecocentrists themselves. (shrink)

In this brief reply to the essays by Edwin Etieyibo, Thad Metz, and Elisa Galgut, I argue that African morality is neither biocentric nor ecocentric in the sense of accepting that “there is no significant moral difference between animal and human slaughter and rituals,” and that African modal relationalism is problematic in both its empirical assumptions and its normative counsel. I concede that anthropocentrism, whether this involves the view that only human beings merit moral treatment or the view that any (...) human is necessarily superior to or more significant morally than any other animal, is not essential to African morality. There exist several resources in African philosophical thinking for deriving a nonanthropocentric and nonspeciesist ethical orientation. The task, however, is a formidable one that requires imagination as well as intellectual consistency and honesty. (shrink)

The biosphere represents the global sum of all ecosystems. According to a prominent view in environmental ethics, ecocentrism, these ecosystems matter for their own sake, and not only because they contribute to human ends. As such, some ecocentrists are critical of the modern industrial civilization, and a few even argue that an irreversible collapse of the modern industrial civilization would be a good thing. However, taking a longer view and considering the eventual destruction of the biosphere by astronomical processes, (...) we argue that humans, a species with considerable technological know-how and industrial capacity could intervene to extend the lifespan of Earth’s biosphere, perhaps by several billion years. We argue that human civilization, despite its flaws and harmful impacts on many ecosystems, is the biosphere’s best hope of avoiding premature destruction. We argue that proponents of ecocentrism, even those who wholly disregard anthropocentric values, have a strong moral reason preserve the modern industrial civilization, for as long as needed to ensure biosphere survival. (shrink)

Typical of ecocentric approaches such as the land ethic and the deep ecology movement is the use of concepts from ecological science to create an “ecoholistic” ontological foundation from which a strong environmental ethic is generated. Crucial to ecocentric theories is the assumption that ecological science has shown that humanity and nonhuman nature are essentially integrated into communal or communal-like arrangements. In this essay, I challenge the adequacy of that claim. I argue that for the most part the claim is (...) false, and that, if it were true, it would overextend the sphere of morally considerable entities to include entities that are implausibly deserving of moral consideration. In either case, the foundation of ecocentrism is significantly weakened. (shrink)

This book focuses upon the perennial question of the existence and nature of an obligation to obey the law. Leading writers have, at one time or another, emphasized considerations such as gratitude, 'divine ordering, ' prudence, contract, autonomy, and utility in seeking to justify, or to deny any justification for, some sort of obligation to obey the positive law. The book provides relevant selections from a sampling of the historical approaches to legal obligation taken by writers such as Plato, (...) Augustine, Aquinas, Hobbes, Locke, Hume, Rousseau, Thoreau, Bentham, Marx and Engels, and Martin Luther King, Jr. These classical discussions are augmented by critical questions and commentary, by independent discussions of the question of legal obligation by a wide range of contemporary writers, and by relevant judicial cases discussing matters such as conscientious objection and civil disobedience. (shrink)

GREGORY MIKKELSON | : Animal and environmental ethics should converge on the following three value judgments: natural ecosystems generally involve more good than harm; predation in nature tends to yield positive net benefits; and, at least on a global scale, livestock farming is destroying more value than it is creating. But the ecocentric criteria of environmental ethics and the sentientist criteria of animal ethics may have divergent implications for capitalism’s main effect on the world: the collapse of wild nature due (...) to explosive growth in the human economy. Sentientism risks counting this effect as a net gain, whereas ecocentrism surely rates it a massive net loss. While supporting the above claims, I show how they fit into a larger argument in favour of the broader, ecocentric value theory of environmental ethics and against the narrower, sentientist axiology of animal ethics. | : Les éthiques animale et environnementale devraient converger vers les trois jugements de valeur suivants: les écosystèmes naturels impliquent généralement plus de bien que de mal, la prédation dans la nature a tendance à produire des avantages nets positifs et, au moins à l’échelle mondiale, l’élevage animal détruit plus de valeur qu’il n’en crée. Mais les critères écocentriques de l’éthique environnementale et les critères de l’éthique animale fondés sur la sentience pourraient avoir des implications divergentes sur l’effet principal du capitalisme sur le monde: l’effondrement de la nature sauvage dû à la croissance explosive de l’économie humaine. Le sentientisme risque de considérer cet effet comme un gain net, alors que l’écocentrisme le considère sûrement comme une perte nette massive. Tout en soutenant les affirmations ci-dessus, je montre comment elles s’intègrent dans un argument plus large en faveur d’une théorie de la valeur écocentrique plus englobante propre à l’éthique environnementale et contre l’axiologie sentientiste plus étroite de l’éthique animale. (shrink)

In 'Respect for Everything', David Schmidt rightfully criticizes species egalitarianism, buts neglects an even more fundamental problem. Ecocentric egalitarianism is not only self defeating, but in fact ultimately entails a morally dubious radical anthropocentrism. Perhaps the morally most troubling aspect of anthropocentrism is not its assumption that humans are superior to non-humans, but that what matters to human beings is true in an absolute sense. Taylor's argument that there are no valid moral reasons to consider humans superior, assumes that it (...) is in principle possible to compare the value of both humans and non-humans, and that it would make sense to use normative expressions such as ‘superior’ and ‘inferior’ objectively, e.g. outside the particular context of a human ethical outlook. Yet, evaluative concepts only have meaning within that context. To suggest that ethical concepts have meaning in an absolute sense, implies that the human moral perspective has absolute validity, and thus entails a radical form of anthropocentrism. (shrink)

One of the hardest questions in environmental philosophy is the debate between anthropocentric and ecocentric accounts of value. I argue that a great deal of the disagreement in this debate arises from a) misunderstanding of the concepts used in the debate and b) unfruitful reading of vaguely framed arguments. The conceptual and argumentative analysis of the debate shows that many arguments can be ignored as they either contain conceptual confusion or concern issues that are actually irrelevant to the centrism division. (...) However, there are arguments that maintain their relevance, and these arguments have important consequences on the practical environmental ethics. Hence, contrary to Bryan G. Norton’s optimism about the “centrism convergence” on the level of practical environmentalism, I contend that disagreements prevail even in practice. As a solution, I suggest that the centrism debaters should focus on the practical level and work to find space for agreement. (shrink)

I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. (...) We can never sufficiently reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to identifying, analyzing, and evaluating the pro and con arguments put forward by both sides in a trial. In this chapter, it is shown how to apply (...) argumentation schemes, such as argument from witness testimony, using argument diagrams applied to typical sequences of evidence-based legal reasoning in which there is a successive refinement of arguments displayed as the evidence comes into a case. It is shown how argument from applying rules to cases, teleological, argument from expert witness testimony, and abductive reasoning are centrally important for this purpose. (shrink)

Three ways of relating the structures of human existence to the world are offered by ecological holism, moral extensionism, and biotic communitarianism. Leopold’s attempt to reconcile these three is examined in the light of Peirce’s categories, in order to ascertain how far Leopold’s final position is anthropocentric, ecocentric, neither, or both.

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic (...) and rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth. (shrink)

This book unveils the myriad streams of ecocentric thoughts that have been flowing through the human mind - in indigenous communities, in the wisdom of philosophers, in the creative expressions of poets and writers - sometimes latent, but sometimes more explicit. The strength of this book lies in the fact that it attempts to show that ecocentrism had not emerged suddenly as a distinct line of philosophical thought or found its place among the various normative approaches towards nature, but (...) the seeds of ecocentrism had always been running through human societies. Thus, book not only emphasizes the "unity of life", but also reveals the inherent unity of all hues of ecocentrism. The book adopts a multidisciplinary approach, which is essential to dwell on a topic like ecocentrism which permeates the domains of disciplines as disparate as science, philosophy, religion, normative ethics, myths and folklore, poetry, and literature, among others. Despite this eclectic approach, the book attempts to maintain a continuity among the chapters and present these concepts in a simple form that will be easily accessible by readers from all conceivable backgrounds. This book would be useful to the students, researchers, and faculty from the field of ecology and environmental science, philosophy, sociology, religious studies, and literature. It will also be an indispensable companion all nature lovers, activists and general readers interested in the emergence and evolution of environmental thoughts. (shrink)

This essay examines the Brazilian deforestation debate to explicate the beginnings of a post-modern theory of argumentation. Modernist argumentation reflects two distinct approaches, found in the deforestation controversy. The first approach, ‘universal minimilization,’ presumes that the survival of humanity is sufficient grounds upon which to base argument. The alternative, ‘strategic manipulation,’ results in argument being employed as a technical device to advance one's interest. In place of the modernist approach, we offer an ecocentric theory of argumentation. This conception calls for (...) individuals to set aside differences in values to sustain humanity but at the same time to be sensitive to differences in costs and benefits that accrue from common efforts to persons differently situated. Additionally, this view operates with a tacit working assumption that environmental questions are not discrete entities to be evaluated separately. Rather, people must act collectively on a range of interconnected issues to ensure survival. (shrink)