The environmental crises we are facing are deeply rooted in the dominant philosophies, world views and knowledge systems. These are typically individualistic; see humans as separate from, and superior to, all other beings; conceive of Nature as a resource to be ‘used’; and consider the role of humans to be managers of the Earth for the benefit of the politically and economically dominant groups within human society.
These ideas spread, particularly through colonialism, and persist in governance, economic and political systems in South Africa and around the world.
One of the great tragedies of colonialism is that it invalidated, undermined, and even criminalised other ways of understanding, knowing and being in the world, particularly in cultures that were more successful at co-existing harmoniously within Nature. Despite this, much of this knowledge lives on in dynamic and continuously evolving ways.
Many of these philosophies and knowledge systems, particularly of Indigenous peoples, are recognised as being inextricably linked to preserving the continuity of life within healthy ecosystems. In Africa, traditional and Indigenous philosophies and knowledge systems provided guidance on how to understand, relate to, and engage with other beings or aspects of Nature in a respectful manner. These cultures recognise the reality that, for human communities to flourish, humans must respect and protect Earth as the source of life, and live in accordance with fundamental natural laws or principles.
Today most legal and economic systems aim to transcend, not align with, how Nature functions. Instead of prioritising life, their aim is to increase economic growth by extracting and selling ‘natural resources’ and ‘ecosystem services.’ Our focus is to promote Earth Jurisprudence as a means of transforming legal and governance systems. Earth Jurisprudence is intimately linked to, and informed by, Indigenous and traditional philosophies and knowledge systems in Africa and in other parts of the world.
Earth Jurisprudence is a philosophical approach which views human governance and legal systems within the context of natural systems. It recognises that humans are a part of the Earth community, neither separate nor superior, and that our well-being derives from the well-being of Nature as a whole.
All beings are subjects of the law, not objects, and have inalienable rights to exist and to be free. Therefore, the primary purpose of legal and governance systems must be to ensure that people protect and contribute to the integrity, health and well-being of the entire Earth community. You can find out more about Earth Jurisprudence in the first two parts of this series.
What do Earth Jurisprudence and African philosophy have in common?
As the examples below illustrate, the worldviews reflected in African philosophies are consistent with the Earth Jurisprudence perspective.
Relationality
Perhaps the defining feature of African philosophy and ethics is the prominence and centrality of relationships. As opposed to more individualistic philosophies, African philosophy recognises that the “human self is not something that first exists on its own and then enters into relationship with its surroundings. It exists only in relationship to its surroundings; these relationships are what it is.”
This can be found in the concepts of Ubuntu and Ukama, variations of which are prevalent throughout Southern Africa. While Ukama translates to ‘relatedness’, Ubuntu implies that we are, who we are, through our relatedness to others, and emphasises the importance of respecting and being considerate to others.
This relationality exists at the core of morality and determines how one engages with all other beings. Failing to recognise and act in accordance with that relationality, means that we lose the very thing that makes us human. Therefore, the moral way to live is to seek out community and live in harmony within it.
Community
In most African philosophies, community is not only other humans, but includes all other beings, such as plants, animals, and rivers. It also includes our ancestors and generations to come. Therefore, our relational moral obligation is not only to our fellow human beings now, but spans time and space to cover all other beings and future generations to come.
Harmony
Humans co-evolved in Africa with other species and our past, present and futures are intertwined. It is our responsibility to seek to live in harmony with our ancestral compatriots. Because our morality is linked to relationality and community, it is a moral duty to strive to live in balance and harmony with all other beings. This balance is comprehensive and occurs in both specific relationships, but also within Nature as a whole.
Sacredness
Each species, and each individual within that species, is sacred and understood to contribute physically, as well as metaphysically, to the greater good of the whole. All species play a specific beneficial role in relationship to the whole ecosystem, each illustrating individual lessons for humankind to emulate. Every being’s true value is determined, not by any monetary calculation, but by its intrinsic physical and metaphysical role within Nature.
While the sacredness of Nature applies in general, it can also be observed in specific ‘sacred sites’. For example, in Venda the Zwifho are sacred sites that are dedicated to Nature; they are strictly protected by communities and do not require any human intervention.
African Earth Jurisprudences
Earth Jurisprudence needs to be applied differently in each culture to take account of the diversity of cultures and ecosystems. In Africa, this will require both protecting existing customary law systems that reflect and implement African philosophical principles, and integrating those principles with the dominant legal systems to create culturally-specific African Earth Jurisprudences.
This will involve aligning our laws and governance systems with our community relationships and prioritising relationality over individualism, including our relationships with animals, plants, rivers and other humans, as well as those who existed in the past and those who will exist in the future. It means that governance systems recognise and appreciate the sacredness of all life, and that their ultimate, moral objective is to strive for harmony.
Doing so, and giving effect to this aspiration, also requires us to protect the commons, and recognise the power of peoples who hold this knowledge and have practiced healthy stewardship. By advocating for African Earth Jurisprudences, we can develop governance systems that are relevant and reflective of our context and that help us to use local knowledge and philosophy to address the environmental crises of our time.
Next up…
The Earth Jurisprudence approach is relevant to numerous other struggles and topics. It provides a new perspective on theoretical debates and presents innovative, practical legal tools for addressing existing socio-ecological challenges. Some of these are currently under discussion via a series of short papers by the Wild Law Institute.
Upcoming topics include:
- Land and property
- Human rights
- Antarctica
- Oceans
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