Law and the mastery of nature

Abstract

By approaching the current global climate crisis in a historical and philosophical context, this study aims to trace the origin of this crisis to the advent of Western Modernity, and its unique conception of nature. Moving from this starting point, this study aims to critique the way in which Western Modernity and its Anthropocentric conception of law have established a relationship of mastery between humans and nature. To illustrate this relationship of mastery, this study will draw on Ecofeminist literature. In order to critique Western Modernity, this study further adopts an Ecocentric lens, by situating humanity within the larger Earth ecosystem. This study will frame ecocide as the legacy of Western Modernity, in the sense that it stands on the same core principles as Western Modernity, namely progress, capitalism and colonialism. By linking ecocide to Western Modernity, this study will also elucidate the power relationship between the West and the Global South, as a core concern of climate justice. Lastly, this study will attempt to shed some light on how the relationship between humanity and nature might be reconceptualised and restored, by evaluating the potential of the framework of Degrowth and its complimentary legal framework of ecological jurisprudence. In this sense, this study will attempt to envision ways in which law can function to resist ecocide, and to abandon the logic of mastery.