- 5-Year B.A., LL.B. (Hons.)
- Jul 2019
- Seminar Course
Protecting the environment has always been one of the major concerns of any legal
system. However, the point to take note of is that such systems promote and protect an anthropocentric approach. This has been the grim situation that the world has been facing well, until recently!
While there has been a notable change in the conceptualization of rights and an added importance been meted out to duties, times have changed in so far as extending such moral rights to entities beyond humans are concerned. The earlier notion that only humans need be considered- or are the only worthy component, has been challenged. It has been highlighted that there is no need to consider them as separate; but rather they form one part of a larger community.
This is where there has been an extension of ethics and moral rights to all entities, irrespective of the fact as to whether they possess an intrinsic value. How can one extend such rights to other entities? If it can be, how would it change the notions of environmental governance? What would be its aftermath?
These are some of the questions that the course tries to delve into and discuss. A much needed shift from an anthropocentric approach to a more desirable approach- an ecocentric one, is the need of the hour. But, whether such an approach will be legally feasible and if so, how to ensure that it stands the test of time is something that this course will look into.
Critically analysing such an approach, the course will delve into the theories of environmental governance which shapes policies and legal systems around the world, for both present as well as future generations. By focusing on issues related to increased ecological devastation, including loss of biodiversity and climate change; eco-feminism; environmental injustice; sustainable development; and environmental threats that loom large, the course would try to initiate a debate among students as regards the very basis of environmental law as we know of. Bringing about a change in the law; more importantly in the philosophy of environmental law, is what the course ultimately aims at. To achieve this end, the course looks into an Earthcentric approach- Earth Justice.