Tag: legal system

Defending Rights of Nature

  • Sister Pat Siemen (pictured) leads a seminar on earth jurisprudence at Barry Law School in Orlando, Florida. (Photo by Jennifer Szweda Jordan)

Some lawyers believe it’s time to stand for the rights of nature. They want to represent trees. They want to defend the rights of birds and lakes, and all of nature.
They’re trying to put into practice a theory called earth jurisprudence.
Jennifer Szweda
Jordan has the story:

Transcript

Some lawyers believe it’s time to stand for the rights of nature. They
want to represent trees. They want to defend the rights of birds and
lakes, and all of nature. They’re trying to put into practice a theory
called earth jurisprudence. Jennifer Szweda Jordan has the story:


A law seminar on defending the rights of nature is probably not what
you expect, at least not at first. The start of Roman Catholic Sister
Pat Siemen’s law seminar on earth jurisprudence is unorthodox and Zen
like:


“We’re gonna start with our reflection time. And what I’d like you to
do is close your computers.”


Siemen taps a handheld chime in a classroom at Barry Law School in
Orlando, Florida. She has the law students practice slowing down so
they’ll notice what’s going on around them in nature, and they’ll take
the time to really think about arguing for the rights of nature in the
courtroom.


The legal system doesn’t recognize the rights of nature just yet.
Courts interpret the Constitution as protecting needs and rights of
humans. So only humans, or say, groups of humans such as corporations
can sue. The rights of bunnies and trees aren’t entitled to a voice in
courtrooms. Siemen says the emerging field of earth jurisprudence wants
to change that.


Part of the whole thought of earth jurisprudence is that other beings
actually be given their rights -legislatively – to come into court
through the understanding that someone as a guardian or trustee stands
in their right.


Besides teaching this new area of law, Siemen directs the Center for
Earth Jurisprudence. The center’s just wrapped up its first academic
year. Siemen’s early legal work focused on advocating for people who
were poor, minorities, or otherwise marginalized.


Siemen moved in a different direction when she was influenced by
ecotheologian Thomas Berry. Berry says that if the animals and trees
had a voice, they’d vote humans off the planet. Siemen was shocked:


“I had spent my whole life – at least adult life – ministerially trying
to stand in positions of empowerment of others, and furthering the
rights of others and I had never once really thought about what it
meant to be – whether it would be rivers or endangered species – what
it would mean to have to live and exist totally by the decisions of
humans.”


Siemen was also influenced by University of Southern California Law
School professor Christopher D. Stone. Stone wrote an article entitled
“Should Trees Have Standing?” In 1972, Supreme Court Justice William
Douglass agreed that inanimate objects should have rights. But that
view hasn’t gotten very far in American courtrooms.


The idea that ecosystems should have legal rights is problematic in the
view of free-market advocates. Sam Kazman is General Counsel for the
Competitive Enterprise Institute. He calls the theory of earth
jurisprudence gibberish.


“It is impossible to lay out what is in the best interest of an
ecosystem unless you lay out just what you as someone who owns that
ecosystem, or enjoys it, or appreciates it from a distance, what you
hold important.”


In other words, the owner will decide what’s best for the ecosystem.
Some legal experts believe giving nature rights would take nothing less
than a constitutional amendment.


University of Pittsburgh Law Professor Tom Buchele disagrees. He’s an
environmental lawyer who’s used the standing concept – unsuccessfully –
in arguing for a forest. He says that the Supreme Court could, if it
chose, interpret the constitution as allowing nature to have legal
standing:


“There’s certainly nothing in the constitution that says a case or
controversy has to have a person as the entity. It’s just that current
case law doesn’t do that.”


Buchele and Siemen know changes in court decisions are a long way away.
But if teaching about earth jurisprudence can make tomorrow’s corporate
counsels, real estate lawyers, and governmental officials consider the
trees and the water in their work, Siemen feels she’ll have made some
progress.


And getting law students to think about the rights of nature along with
the rights of humans might be the start of the legal revolution Siemen
wants to see.


For the Environment Report, this is Jennifer Szweda Jordan.

Related Links

Stump Speech for Democracy

Election Day is right around the corner. About 70-percent of the voting age population in the United States is registered to vote. If national voting patterns hold true, only about half of those registered voters will go to the polls in this off-year election. A still smaller group of Americans will have laid the groundwork leading up to election day. Great Lakes Radio Consortium commentator, Julia King, asks if you’ve done your part for democracy this season:

Transcript

Election Day is right around the corner. About 70% of the voting age population in the
United States is registered to vote. If national voting patterns hold true, only about half of
those registered voters will go to the polls in this off-year election. A still smaller group
of Americans will have laid the groundwork leading up to election day. Great Lakes Radio
Consortium commentator Julia King asks if you’ve done your part for democracy this
season.


There’s an election coming. Have you done your fair share of the work?


Can I let you in on a little secret? Some of us were talking the other day and we’re tired of
carrying most of the democracy load while the rest of you sit on your bums.


What’s that you say? You VOTE? Ha! That’s a mere drop in the proverbial ocean of
democracy.


Have you ever volunteered your time for a candidate? If you don’t like any of the
candidates, have you encouraged a decent, competent person you do like to run for office?
Have you considered running yourself? Have you ever worked the polls? A whole 14-
hour shift?


Have you ever written a check to a candidate? One that’s big enough to help, but not so
big that it’s an attempt to finance an unpopular agenda (like federal funding for circus
pigeon farmers)?


Have you talked civilly with your friends and neighbors about the issues? Asked others’
opinions – from the political left and right – and told them yours?


Have you stuffed envelopes, delivered yard signs, organized a candidate forum or debate?
Have you asked local media to do a better job of covering elections – reminded them that
the most crucial coverage comes not on election night, but in the months and weeks leading
up it?


Yes, yes, everybody’s busy (and yes, I’m aware that I’m preaching). But democracy
doesn’t just happen. Somebody’s got to do the work. If you’re one of those people who’s
been doing your chores, pat yourself on the back. Keep it up.


If you’re one of the people who’s been coasting up until now, consider pitching in. But
like the third grade teacher who ends the lecture with ‘You know who you are,’ these
words aren’t for everyone. There are countless Americans whose lives are already
bursting at the seams with inescapable poverty or tragedy, or both. Those citizens are
already doing their fair share.


These words are for the other countless Americans – the ones who throw great dinner
parties and find the perfect pair of shoes, or build model airplanes in the garage, or never
miss the West Wing. These words are for happy, healthy Americans who benefit the most
from democracy and simply give too little back.


So if you fit that description, this is for you: Get off your bum and do some work for
democracy. There’s an election coming, for goodness sake.


Julia King lives and writes in Goshen, Indiana. She comes to us by way of the Great Lakes Radio Consortium.

DRUG COURTS TRY TO END CYCLE OF ABUSE (Part 1)

According to a report from the National Institute on Drug Abuse, the economic cost of drug-related crime is about fifty billion dollars a year. Much of that amount goes toward incarcerating offenders. But many of these people are nonviolent, low-level drug users… and now, instead of locking them up, some court systems are trying a different approach. In the first of a two part series, the Great Lakes Radio Consortium’s Wendy Nelson examines the growing trend of drug courts:

ARE DRUG COURTS THE BEST APPROACH? (Part 2)

In 1989, the country’s first drug court was set up in Dade County, Florida. It was designed as a way to reduce prison overcrowding. Today, there are more than three hundred fifty drug courts operating around the country, with another two hundred in the planning stages. But not everyone’s happy with that growth. In the second of a two-part series, the Great Lakes Radio Consortium’s Wendy Nelson reports that some people are questioning whether courts are the best place to deal with substance abuse: