Incorporating an Earth Jurisprudence approach into South African environmental law for the protection of endangered species : options and challenges

[摘要] ENGLISH ABSTRACT: Many South African species and habitats are threatened by various human activities including illegal poaching of species such as rhinos, which is threatening the survival of the species. This study explores the anthropocentric basis of the South African legal system and the resulting failure of our legal system to protect the environment. As a result, this study examines the concept of Earth Jurisprudence as an alternative to the aforementioned traditional anthropocentric legal system. Earth Jurisprudence is a legal philosophy which proposes that rights be extended to other species to ensure the protection of nature.Through the study of available literature on the subject, this research explores the core principles of Earth Jurisprudence and identifies key case studies where Earth Jurisprudence has been incorporated in legislation, and the catalysts which led to the implementation of an Earth Jurisprudence approach in the abovementioned contexts. By analysing the above data, this research makes a number of recommendations as to how this approach can be incorporated into a South African context, including a cross-cutting limitation clause which could potentially limit the friction between rights for nature and human rights. Finally, the study explores the capacity for legislation to shape social pro-environmental behaviour, and determines that the law is a tool which can be utilised for the purposes of positive social engineering.

[发布机构] Stellenbosch University