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The Ecology of Law: Toward a Legal System in Tune with Nature and Community

Free PDF The Ecology of Law: Toward a Legal System in Tune with Nature and Community

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Review

“The modern-day legal system is seldom tied to current unsustainable ecological practices. Yet in this thoughtful treatise, co-authors Capra and Mattei show how tenets of western jurisprudence, such as private property rights and eminent domain, have eradicated older precepts. Natural resources were considered 'commons' that belonged to no one, to be shared by everyone. This older way of thinking gradually disappeared as community-based justice was replaced by codified laws serving elites, as in ancient Rome. American law, inherited largely from the English common law tradition, developed under the influence of Enlightenment-era concepts of favoring mercantilism and industrialization – practices that approach the natural world as something to be subdued and exploited. The authors propose a philosophy and jurisprudence that is deeply radical – upending centuries of Western tradition and culture – but possibly crucial to solving looming environmental problems. If there is a flaw in their book, it is perhaps their faith (expressed almost without doubt) that there exists a reasonable possibility of the world jettisoning global capitalism in order to 'decentralize power to small scale communities in tune with the laws of ecology.' Simply reading about Capra and Mattei’s vision is a paradigm-changing experience. Realizing it would require a seemingly impossible, but perhaps crucial, global transformation.” - Publishers Weekly “Confronting the systemic roots of our ecological crisis is far from easy, but there is a heartening side: we remember that the rules of our economic system are culturally constructed -- and that means they can change. This book is not only a dazzling map of the legal order underpinning capitalism, but also a visionary call to transform that system, reminding us that communities can and must drive the process of renewal and regeneration.” —Naomi Klein, author of This Changes Everything and The Shock Doctrine “Rules restrain but also enable. Law elevates this capacity onto a higher plane but succumbs to its dark side when shaped by vested interests extending cleverly their tyranny upon humanity and nature. Things do not have to be this way. As this book vividly explains law can be turned into an instrument for defending the planet and its inhabitants from the encroachments of financialized commodification.” —Yanis Varoufakis, former Minister of Finance of Greece "The Ecology of Law is a fast-paced, historical tour de force, placing the law in the various contexts that have shaped its utilization for good or ill. The contexts discussed by these bold thinkers - science and technology, the natural world, and the commons as a legal institution - provide fresh and functional perspectives on the evolution of law for the just society. For all those readers who think, wonder, and bridle at the law in their lives, this book is your tonic." —Ralph Nader “Fritjof Capra and Ugo Mattei fill a gap in our understanding of how the mechanistic paradigm that shaped a science for the exploitation and domination of nature was exported into law to ‘naturalize’ resource grab and the enclosures and privatization of the commons. From the tragedy imposed on the old and young in Greece, to the farmers’ suicides in India , the enclosures of the commons is now threatening the very survival of humanity. The Ecology of Law lays the conceptual foundations for the recovery of the commons , and through it, the rejuvenation of our economies, our democracies, our lives .” —Vandana Shiva, scientist, philosopher, activist, and author of Making Peace with the Earth

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Book Description

Bestselling author Fritjof Capra partners with distinguished legal scholar Ugo Mattei to reveal that our legal system must catch up with the current scientific under-standing of the world if it is to contribute to solving the great crises of our times.

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Product details

Hardcover: 240 pages

Publisher: Berrett-Koehler Publishers; 1 edition (October 5, 2015)

Language: English

ISBN-10: 1626562067

ISBN-13: 978-1626562066

Product Dimensions:

6.4 x 0.8 x 9.6 inches

Shipping Weight: 1.6 pounds (View shipping rates and policies)

Average Customer Review:

4.6 out of 5 stars

20 customer reviews

Amazon Best Sellers Rank:

#821,703 in Books (See Top 100 in Books)

The history of law and of the Western modern legal thought is deeply characterized by the construction of nature as a series of commodities that can be seized, occupied, traded and destroyed. As a consequence, human laws authorize, legitimize and protect people (and wealthy people above all) when they enclose natural resources, grab land, privatize water and trade food throughout the world as an item whose value depends on exchanging and not on using.In this excellently written and enjoyable book, Fritjof Capra and Ugo Mattei combine their theoretical and practical backgrounds to expose the ecological unsuitability of "mechanistic" paradigm and propose a new and appealing "ecolegal" order that challenges the deepest and most rooted assumptions of most jurists, businessmen and political leaders.At a time when global warming is "changing everything" and when there is an increasing realization of the need for a new holistic paradigm is needed and urgent, the first seven chapters of the book (pars destruens) take scientists and jurists - but also non expert readers - through the history of ideas that contributed to the creation of the current (entrapped) state of the world and its naturalization. The last three chapters, which are highly destabilizing of the legal status quo and thought provocative, discuss the 'commons' and some of ongoing revolutionary struggles that try to make the new paradigm a reality as the funding pillars of "an ecologically transformed law [that] can transform capital into natural commons by producing a sustained investment into a sharing economy, into ecologically compatible architecture, or into environmental care."This book is for those who think that another world is possible and those who are convinced that the current legal and scientific paradigms are inevitable and 'natural'. They should read this book and will find in it new and convincing arguments to support a shift away from the mechanistic worldview of modernity and to participate to the emergence of a new legal system that is inclusive, bottom up, participated, holistic and in line with the limits and potential of our planet.

If you have no prior knowledge of the history of American law or Western Civilization then this book would come across as brilliant, but to the educated reader it comes across as shallow and historically inaccurate. The book posits that a return to pre-Roman law will be more environmentally conscious, introducing us to a new concept of ownership known as the "commons" were land is owned by no one, not even the government. Of course the problem with so many of these backward looking books is that it falls into the rhetorical trap of "everything was great about the past except how it lead to the present." No consideration is given to the benefit of civil rights recognition as modern law developed, and little to no concrete suggestions of how to change current law are presented. Instead the book persists in presenting vague cultural shifts and seeing every legal advancement as a failure.

In this groundbreaking book Capra and Mattei set the record straight by challenging the most deep-rooted assumptions of the Modern era and by propounding a feasible and desirable alternative to the status quo: a new ecological Weltanschauung and a new “ecolegal” order. The authors help us understand that many concepts and categories we are familiar with are not indisputable truths but just one version of the story (the dominant narrative). The dominant mechanist worldview, the extractive mentality, the idea of an atomistic society built around the notion of individualism whereby every human relation is reducible to a property relation, where everything is to be done in consideration for something else, whereby competition replaces cooperation, are all factors that contributed to the current social, economic and ecological crisis. Now, more than ever, a paradigm shift from competition to cooperation, from extraction to reproduction, from privatization to access, from exclusion to inclusion is needed and this book pursues this goal.Capra and Mattei gifts us with an invaluable resource: a critical guide which helps readers to be active thinkers and not merely passive will-takers!

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