A new legal paradigm: towards a jurisprudence based on ecological sovereignty

Sungaila, Helen, and Boulot, Peter (2012) A new legal paradigm: towards a jurisprudence based on ecological sovereignty. Maquarie Journal of International and Comparative Environmental Law, 8 (1). pp. 1-15.

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Abstract

This paper explores the limitations of existing legal systems that are based on out-dated models of scientific and mechanical paradigms. At present, there is a shift in the understanding about laws; from positivist and natural law theories, which suggest that legal systems are closed logical systems that can be deduced from predetermined rules, to theories that reflect non-hierarchical interconnections that are semblances of, and advocate the protection of, natural ecosystems. The author explains steps taken by other governments to reflect this reordering of the legal paradigm including constitutional changes. Recommendations for the Australian Government to follow this theory are made as the author concludes that the law should align itself with the complex and holistic set of relationships that are found in nature.

Item ID: 26025
Item Type: Article (Research - C1)
ISSN: 1448-8345
Keywords: legal theory
Date Deposited: 10 Apr 2013 04:48
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 100%
94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 0%
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