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Publication Date: 2003
Publisher: Green Books & The Gaia Foundation (England)

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In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed.

Cullinan proposes a new approach or "Earth Jurisprudence" and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains livable.

'Wild Law' is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.

Cormac Cullinan, BA (Hons), LLB (Natal), LLM (Environmental Law) (London), Attorney of the High Courts of South Africa and Namibia, is chief executive officer of EnAct International, an environmental law and policy consultancy headquartered in Cape Town, South Africa and a partner in the specialist environmental law firm Winstanley and Cullinan Inc. A former shipping and international commercial lawyer, he has specialized in the field of environmental law and policy since 1992. Cormac has advised international organizations and governments in more than 20 countries, and has extensive experience of analyzing governance systems and drafting treaties and laws. He has taught as a visiting or part-time lecturer at the Universities of London, Natal, and Cape Town. Since 2000 he has collaborated with the Gaia Foundation of London and a network of individuals in different countries to initiate the process of developing an ecocentric approach to law and governance.

Review(s): "This important book shows not only why we need to revise our governance systems completely, but also how to begin doing so in a way that draws inspiration from nature and from our diverse human communities." - Professor Wangari Mathai, Nobel Peace Prize 2004

"This book of Cormac Cullinan explains with great clarity how we can change our entire approach to governance so that we can continue life on a livable planet. In its basic outlines this book is one of the finest contributions to the entire field of jurisprudence in recent times." - Thomas Berry

"'Wild Law' is a stimulating, eminently readable response to our governance crisis. The survival of our species and health of the Earth family depends on our ability to transform governance systems so that humans become part of the ecological matrix of biological and cultural diversity. This book is a milestone on that path." - Dr Vandana Shiva

"Africa, the cradle of humanity, is rich in biodiversity and human cultures. Both are being degraded and destroyed by a world order than has forgotten the role we need to play in the Earth system and the value of communities. This important book shows not only why we need to revise our governance systems completely, but also how to begin doing so in a way that draws inspiration from nature and from our diverse human communities." - Professor Wangari Mathai

"I read 'Wild Law' by Cormac Cullinan soon after attending the World Summit on Sustainable Development. Immediately preceding the Summit, I had heard Cormac give two conference presentations, based largely on his book, at Environmental Law conferences. The vision that Cormac portrays for how the human species should care for the Earth is inspiring to say the least. It is so futuristic and yet so wise and based largely on such ancient principles. I was amazed by Cormac's ability to weave together so fluently and coherently his vast interdisciplinary understanding of how the world could, and should, work. 'Wild Law' must be every serious writer's dream - so intellectually satisfying yet such an easy read. I believe that 'Wild Law' appeals to a very wide market and I believe that as many people as possible should, and would want to, read it. It's really too important a work to miss. So I would advise against defining the market too narrowly. It really should be read by every academic who is teaching and researching in environmental law. I have already recommended it to my colleagues. It should also be read by all legal philosophers in the same way that they would read any important contemporary contribution to the field.

These teachers should recommend it to their undergraduate and postgraduate students so that they can revel in Earth jurisprudence, and question whether contemporary frameworks of environmental law are consistent with it. I also have no doubt that legal practitioners, who are engaged on a daily basis with applying the law, will relish the opportunity to explore the ideas and challenges posed by 'Wild Law.' After all they are highly literate and read widely around their specialist areas of expertise. But the focus should not be entirely on lawyers. Given the uncertainty of recent times, many people are searching for an alternative vision, a new hope for the Earth. While 'Wild Law' is a serious read it is also provides a distinctly 'new-age' take on how to become 'Earth-centred peoples once more'. The juxtaposition between the title and the frequent references to Africa enhances its appeal. As such there is no reason why it shouldn't appeal to the broader, troubled reading public. The only thing that 'Wild Law' needs to make sure that it is read, as widely as it deserves to be, is a committed and clever marketing strategy." - Rosemary Lyster, Senior lecturer, Faculty of Law, University of Sydney

"Congratulations -what a wonderful book this should be mandatory reading for all...It is so refreshing (and relieving) to know that you have had the insight, vision, ability determination and focus to write this amazing and revolutionary book." - Julia Pitts

Long Review from the Guardian of London

Review: 'On thin ice'

"Could 'wild laws' protecting all the Earth's community - including animals, plants, rivers and ecosystems - save our natural world?

The 21 species of albatross are some of the world's most majestic birds. An adult has a wingspan of up to 3.5 metres and can circumnavigate the world in a single flight. Yet each year, 100,000 of them are killed by longline fishing, where nets up to 80 miles long with thousands of hooks are towed by fishing boats catching birds as well as fish. As a consequence of this indiscriminate slaughter, 19 of the 21 species are under threat of extinction.

The solution, as shown by the RSPB, is relatively simple and includes weighting the lines so they sink faster, and laying the lines at night, when the albatrosses are not feeding. Thanks to the work of the RSPB, changes are now under way. However, there is no law that protects these birds or looks after their interests. They can be slaughtered without a second thought.

But a body of legal opinion is proposing what are being called 'wild laws', which would speak for birds and animals, and even rivers and nature. One of the first was introduced in September, when a community of about 7,000 people in Pennsylvania, in the U.S., adopted what is called Tamaqua Borough Sewage Sludge Ordinance, 2006.

It was hardly an event to set the world alight, except for two things: it refuses to recognise corporations' rights to apply sewage sludge to land, but it recognises natural communities and ecosystems within the borough as 'legal persons' for the purposes of enforcing civil rights. According to Thomas Linzey, the lawyer from the Community Environmental Legal Defense Fund, who helped draft it, this is historic.

Imagine if it happened here. Fish, trees, fresh water, or any elements of the environment, would be recognised as having legal rights. Local communities threatened with a damaging development would be able to act to protect their environment by asserting fundamental rights on behalf of the environment, instead of fighting losing battles against landowners' property rights.

The idea has implications for climate change and other debates. The right of polar bears to exist as part of an intact Arctic community could be asserted in court to obtain injunctions against a range of activities that could infringe that right. The law would also restrict the mandates and powers of public institutions and entities such as companies to do anything that increased greenhouse gas emissions, deeming this to be an infringement not only of human rights, but also of the rights of the whole 'Earth community.'

The term 'wild law' was first coined by Cormac Cullinan, a lawyer based in Cape Town, South Africa. Put simply, it is about the need for a change in our relationship with the natural world, from one of exploitation to a more 'democratic' participation in a community of other beings. If we are members of a community, Cullinan says, then our rights must be balanced against those of plants, animals, rivers and ecosystems. This means developing new laws that require the integrity and functioning of the whole Earth community to be prioritised. In a world governed by wild law, the destructive, human-centred exploitation of the natural world would be unlawful.

For example, the application of wild law principles would have made a big difference in Belize, where the government wanted to dam the Macal River for energy production, despite the devastation that would be caused. Because Belize is a Commonwealth country, the case was heard by the Privy Council in London, which voted by a majority of three to two to permit the project.

The decision was interesting because it was clear that all the judges knew that the dam would cause an irreversible reduction of biological diversity, but were unable to use this as justification to prevent the project. If, however, the building of the dam had raised issues of human rights, then that would have been a relevant judicial matter. The application of wild law would have meant the full impact on the natural environment would have been taken into account.

Ecosystems are resilient and can absorb punishment before they reach the point where they begin to break down. This has allowed most people to ignore the environmental consequences of human behaviour because the impact has so far been limited. But that period is now over and climate change is here to stay. The warnings of the recent Stern report are focusing greater concerns on the implications for society as a whole, and it seems that there is now political consensus - in Britain, at least - on the need for urgent action at every level to combat climate change.

The proponents of wild law argue that, paraphrasing Einstein, we are not going to solve this problem using the same thinking that caused it in the first place. Climate change is not going to be sorted out by merely tinkering with existing mechanisms. It is our desire to drive cars and take cheap flights, with little regard for the enormous quantities of waste and environmental destruction. What we now need, they say, is a vision of how human beings can live more fulfilled lives as responsible citizens of Earth.

As Cullinan says: 'We have been conned into believing that economic prosperity (usually defined by GDP) is an acceptable proxy for what we really want - and it isn't. I think that what most people really want is to be able to live healthy and fulfilled lives in a place and within a community in which they feel they belong, have something to offer, and are valued and loved. We all want to have our basic needs met and an opportunity to unfold our lives and live with purpose as an integral part of the evolving Earth community.'" - Simon Boyle, Wednesday November 8, 2006, The Guardian of London. Simon Boyle is legal director of consultants, Argyll Environmental Ltd. The wild law convention is being hosted this weekend in London by the UK Environmental Law Association and the Environmental Law Foundation. Details at www.ukela.org.