Law for the Ecological Age
Law for the
Ecological Age
It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. Oliver Wendell Holmes, Jr.
A thing is right when it tends to preserve the integrity, stability and beauty of the biotic community. Aldo Leopold
Our current American legal system was designed for a different world. In the Industrial Age of the 19th and early 20th centuries, the Earth’s resources seemed endless. The law was intentionally structured to promote economic activity even if it caused environmental damage, since the benefits of economic growth were believed to outweigh the costs.
As human activity has grown so tremendously, however, we have discovered the limits of the Earth. We now find that natural resources are finite. Pollution and other environmental damage are harming people and eliminating species, degrading ecological systems, and changing the global climate. In this 21st century, we are beginning to pay dearly with our health and environment for our destructive industrial practices. We see now that we are capable of destroying our only home.
At the Science & Environmental Health Network, we believe we must alter our course. Under our democratic system, the law is required to promote the public welfare, now and for future generations. To do this in our current Ecological Age, the law must be transformed to recognize that we must live within the ecological constraints of the Earth.
Our legal code should reward healthy, sustainable economic activity and treat all people and species as neighbors: integral parts of the Earth’s ecological systems. It must also honor and uphold our nation’s historic commitment to equal rights and justice for all.
We have created these web pages on Law for the Ecological Age as a resource for allies. Here you will find ideas about transforming the law to promote the long-term welfare and health of the Earth and her inhabitants--implementing the precautionary principle and environmental justice, incorporating the interests of future generations, accounting for cumulative impacts to overburdened communities, abiding by the Public Trust Doctrine, shifting the burden of proof, and more. We have also included tools that may be freely used for making change happen.
We welcome your feedback to moreinfo (at) sehn.org.
Learn more
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Well over 80,000 chemicals are currently in use in the U.S. today, but manufacturers, scientists, and even government agencies know very little about their effects on human health. Even less is known about the safety of these chemicals in combination with each other, which is how each of us experiences them every day. How do our laws governing the manufacture, transport, use and disposal of chemicals in this country need to change? How promising are the proposals currently on the table? Read more.
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Our commons are vital places and services we all share. They can be physical, such as parks or roads; or intellectual, like the internet. A main function of government is to protect and preserve our commons for future generations. Is our government doing its job? How can we think about the commons in ways that help us appreciate them now, and preserve them for the future? Read more.
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It is clear that our current legal system is not serving our health or environment. Something has to change. But what? Here are some ideas from the SEHN think-and-do tank. Read more.
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Much of our current legal code was written decades ago, when our understanding of the Earth was very different than it is now. Now we understand that economic growth can and must happen in a sustainable, healthy way. What needs to happen for our laws to reflect our current reality? How could our legal system better support human and environmental health? Read more.