The Purpose of Environmental Law and Land Ethics - Essay Example

ENVIRONMENTAL LAW ENVIRONMENTAL LAW Insert name Insert grade course Insert instructor’s name March 22, 2011. Environmental law What is environmental law? What is the purpose of this law? These are some of the questions that we normally ask in regards to our environment and the laws that govern it. Environmental law can be described as a multifaceted and interlocking body of treaties, convections, statutes, regulations, and common law which operates to control the relations of humanity and the natural environment, with the purpose of reducing the impact of human activity. It can be divided into pollution control and resource conservation and management. It is influenced by the principles of environmentalism, including ecology, conservation, stewardship, responsibility and sustainability. The purpose of environmental law is to reduce the destruction of our environment due to human activity. It is there to help balance our need for utilizing the available resources and the need for conserving our environment. Different laws have been set up throughout the world in order to protect the environment. Examples are Atomic Energy Act (1954), Clean Air Act (1970), Clean Water Act (1972) and Endangered Species Act (1973), this are some of U.S federal laws. Another example is the Kyoto protocol that is a set of guidelines that some of the countries are signatory to, concerning the issue of global warming, this is an example of an international environmental law. Aldo Leopold stated in A Sand County Almanac that “a land ethic transforms the responsibility of Homo sapiens from subjugator of the land-community to basic associate and its inhabitant. The ultimate implication is respect for his fellow-members, and also reverence of the society as such. It is also important that the subject of environmental ethics is also looked at; Petersen 1(2006) noted that environmental ethics is a multidisciplinary activity that draws on expertise in physics, biology, economics, law, sociology, psychology and philosophy. It can also be described as having an environmental conscience that shows a commitment and responsibility towards the environment. It can be said that human societies live in harmony with the natural world on which they depend on for survival. From this it can be seen that it relates to Leopold’s ethic as it is based on the human being as being part of a community and the need for the human being to play a major role in the conservation of the said community. It relates to the land ethic in this belief that man plays a major role in the conservation of the environment, which is viewed as a community. Notably, the book “A Sand County Almanac” is mainly based on three ideas, namely; that land is a community of living things which argues the study of ecology, land is to be loved and respected which argues for conservation ethics and land yields a harvest of culture which Leopold calls “a fact long known, but forgotten recently.” As we look at the recent past, it can be seen that human being paid little attention to the environment especially land as they saw it as commodity that can be bought and sold. But as time went by environmental issues came to the fore front, this was mainly due to Aldo Leopold. He was an American ecologist, environmentalist as well as a forester. He was influential in the advancement of modern environmental principles and in the movement for wilderness conservation, his principles of nature and wildlife preservation had a deep impact on the environmental movement, with his holistic principles regarding land. He emphasized biodiversity and ecology and was a founder of the science of wildlife management. Through his book” A Sand County Almanac” he introduces the idea of land ethics, the book has helped people especially readers of the book to have an awareness that land is a living community, a thing to be loved and respected and the deepest source of all our cultural harvests 2(Vance, 1999). During the days before the development of environmental law, the land or the environment was seen as commodity to be exploited, people viewed it as a never ending resource but as time went by more and more countries have realized the need to conserve the environment. With the industrial revolution came a lot of issues concerning the environment especially water and air pollution as the industries increased in number without taking into account the damage they were doing to the environment. As time went by we can see from what is happening in the world today the effects of utilizing land like a commodity. More and more deserts are being formed due to deforestation and traditional ways of farming. As was noted by Lynn, 3(1967) all forms of life modify their environments. The most spectacular and benign example is the coral polyp. The service to its own ends has generated a vast undersea globe approving to thousands of other types of animals and plants. Man has affected the environment since time in memorial but not in such a manner as today. Man’s activities have brought about many environmental changes by changing the flora and fauna, the land and also the genetics of human beings. For example the Chernobyl nuclear disaster of 1986 in Ukraine, has brought about environmental changes to the land such that it can’t be used due to radiation and also it changed the genetics of the human beings that were born later by parents who experienced the radioactive dust. Observations have it that 1285 London had been covered by a smog that was arising from the blazing of supple coal, but present burning of relic fuels threatens to act as a change of the chemistry of the earth's entire environment , with consequences which everyone begins to guess. The increased population, inadequacy in urban set up, the corporeal deposits of sewage and waste proves the human being as one who has really managed to pollute his nest within a very such short time 4(Lynn, 1967). As was noted 5(Bookchin, 1980) exploitation of earth by humans is extension of the exploitation by humans of each other. This is very true in this context such as the problem of the exploitation of the rain forest that has affected the indigenous people. For example the destruction of the Amazon rain forest which has greatly affected the native Indians as they loose there source of livelihood which is the forest. As humans regard the land as only a commodity they never bother to protect the land which and this usually destroys the balance in the environment. From the Leopold’s land ethic the land is described as an ecosystem whereby it is a system of interdependent parts and can best be regarded as a community not as a commodity. It enlarges the precincts of the society to consist of soils, waters, animals and plants according to him. He values the land as a compilation of countless aspects and an ecosystem that should be esteemed and embraced as a community. Land ethic can be described as a system of thinking that relates land to thoughts of right and wrong. As was noted 6(Partridge, 1993) the fundamental tenets of the Land Ethic, are; the land which can be regarded as an ecosystem, the Homo Sapiens who are members and not the master of the land community, the whole that informs the part that is we can only understand and appreciate our place in nature and the place of our fellow creatures, in context of an understanding of the whole and finally it is the duty of man to preserve the integrity, stability and beauty of the biotic community. From this we can see that Leopold’s considered land to be a community that is an ecosystem that is comprised of interdependent parts that are regarded as a whole. Man plays the part of a member of the community not the master in essence man should view the land as community that needs to be preserved and that in the preservation of the community, man is also preserved. The humans should play the part of the conservationist to take care of the community and they will be able to sustain their lives using the community. They should love and respect the community. As Leopold argues that community land is the fundamental concept of natural balance, therefore, loving it portrays an extension of ethics.” As was noted 7(Partridge, 1993) Land ethics stands on certain premises which are; ecology, holism, ethical model/health and affirmation. Ecology has its origin in the life sciences and can be defined as a study of a scientific nature and it is the relation of living organisms with each other and their surroundings. It is generally believed that the ecosystem is a systematic whole that the human beings are part of. The premise of Holism is a knowledge theory, which emanates from ecology, and hence, crucial to ecological knowledge and to the ethical philosophy to which it is attributed. From this we can the preservation of the ecosystem and mans responsibilities can best be understood by the complete comprehension of the whole community or ecosystem. The health premise applies to both the ecosystem and to its components. It is important that humans to maintain the health of community which in this case is the land. The fourth premise is the affirmation premise that identifies the sentiment and motivation to make the conservation of nature as a personal moral concern and responsibility. It can be said that it evokes emotions of love, affirmation and well being. As was noted 8(McDaniel, 1988) Leopold’s argues that a proposition of a land ethic implies expansion to further horizons of ethical regard. Our concern for the human beings should extend to the biosphere recognizing the fact that we are part of a biotic community. Man still lacks ethical dealings relating to land, animals in addition to plants growing upon it. Leopold’s proposed land ethic is mainly communitarian or systematic. As was noted 9(Stone, 1972) legal rights possession requires something crucial other than a body in command to review the measures processes of those who intimidate it. Stone notes that the natural thing or system e.g. a river doesn’t have rights in common law. Common law was generally used in the protection of the human beings and not the natural objects, for example in mediaeval England a land owner couldn’t keep pigs in that land if the neighbors live nearby or they have their residence nearby because of the stench that emanated from the pigs, it was viewed as a right for the neighbor to enjoy clean air. As was noted 10(Stone, 1972) the natural objects lack legal rights, and thus their unique damages count not in determining the end product; hence causing a lack of awards’ beneficiaries. It is evident from this that the existence of common law protects the users of the ground, resulting in the land lacking any rights per say. Hence there is the need that man be the guardian of the land, from the land ethic man is a member of the community that is the land and plays a major role in the preservation of the community by being its guardian. The community encompasses the animals, waters, plants and the soils. Man must play the part of conservationist hence in the modern world, environmental law and policies are continuously being formed and applied in different countries. But the main problem is that how do we play the part of the guardian, as per the law the land has no rights at all and if we can argue that the land should be represented in a court by a guardian how can the guardian propose that they know what the land is feeling or what is thinking 11(McDaniel, 1988). How does the land speak to the guardian but it can be argued that since corporations, schools and companies are recognized and they are people who say speak for their rights, therefore the land should also be recognized. We can know what the land feels by just observing, a river can be said to be polluted by just looking at it, and it communicates to the guardian through its change of colour and the stench emanating from it 12(McDaniel, 1988). Generally, Hardin, 13(1968) argues that Ruin has become a common destination for almost all men, each pursuing his unsurpassed concern in a people that believe in the liberty of the commons. Destruction is a liable end result which emanates from self interest, where everyone believes in independence. The land is a limited resource that requires preservation so as the later generations can enjoy it. The destruction of the land had led to the extinction of many members of the land. The overfishing in the Pacific Ocean is causing extinction of certain types of fish and the fishing of whales for their blubber has brought them to near extinction and finally, poaching in the African national parks of elephants and rhinos of their ivory tasks has driven them to near extinction. As the population of man increases in the world, it strains the natural resources and at the same time causes the reduction of numbers of animals and plants in their habitats. Lynn 14(1967) noted that the entire earth is a living organism like a biosphere but includes non-living parts of earth. He viewed the planet or the earth as a living organism that is interconnected with all physical parts which include their past, present and future. The land is interconnected, the destruction of one member of the land community causes the destruction of the other members for example during the industrial revolution, the car was invented, the sparrows that used to feed on the beetles found on the dung of the horses disappeared in towns. The disturbance of the balance in the land community has a great impact on the members of the land. In conclusion, in the view of Leopold, the land is a community comprising of different members and none of the members is a master of the other. We are all members in this community and in order to understand part of the community one must understand the whole. There is an interconnection of all members and at the same time, man should play a pivotal role in conservation. He should develop a moral inclination for the sake of community protection. More over, everyone should respect his colleagues as well as other members of the community. References Ernest, P. (1996). The philosophical foundations of Aldo Leopold’s "land ethic”, University of California, Riverside. Retrieved March 28, 2011 from, http://gadfly.igc.org/papers/leopold.htm#N_13_ Hardin, G. (1968). The Tragedy of the Commons, Science, 162:1243-1248. Retrieved March 28, 2011 from, http://www.dhushara.com/book/multinet/trag.htm Lynn, W. (1967), The Historical Roots of Our Ecologic Crisis, Science, New Series, Vol. 155, No. 3767 pp. 1203-1207. Retrieved March 28, 2011 from http://www.drexel.edu/greatworks/Archive/Past%20Themes/2009_Fall/~/media/Files/greatworks/pdf_fall09/HistoricalRoots_of_EcologicalCrisis.ashx McDaniel, J. (1988). Land Ethics, Animal Rights, and Process Theology: Process Studies, pp. 88-102, Vol. 17. Retrieved March 28, 2011 from, http://www.religion-online.org/showarticle.asp?title=2745 Murray, B. (1980). Towards an Ecological Society. Retrieved March 28, 2011 from, http://logica.ugent.be/philosophica/fulltexts/13-6.pdf Petersen. T.S (2006) Environmental Ethics Article: A Companion to the Philosophy of Technology, Blackwell. Retrieved March 28, 2011 from, http://lamar.colostate.edu/~rolston/ee-blackwell-comp.pdf Sherri, V. (1999). A classic ever new. Retrieved March 28, 2011 from, http://www.treelink.org/woodnotes/vol2/no1/sandcnty.htm Stone, C. (1972), 'Should Trees have Standing? Towards Legal Rights for Natural Objects. pg 306-312. Retrieved March 28, 2011 from, http://www.derechosdelanaturaleza.org/wp-content/uploads/2009/12/C.Stone-Should-Trees-Having-Standings.pdf Read More