Journal of Environmental Law & Litigation : Vol. 25, No. 2, p. 459-510 : Wildlife Jurisprudence
Dateien
Datum
2010
Autor:innen
Zeitschriftentitel
ISSN der Zeitschrift
Bandtitel
Verlag
University of Oregon School of Law
Zusammenfassung
Historically, wildlife have not had independent standing in the
legal system. Rather, the legal system has presumed that wildlife are
available for use and consumption by humans, thus their lower legal
status as “things.” But as this Article explores, human views toward
wildlife have recently been evolving. It is time to take full measure of
where wildlife presently stand within the realm of jurisprudence, as
well as what is possible for the future. As humanity comes to accept
that we share this earth with other species as part of a global
community, and that an ethical duty exists toward wildlife, the
necessity of change within jurisprudence becomes stronger.
The historical human attitude of unlimited consumption of wildlife,
or even the more benign attitude of live and let live—do no harm—is
unsupportable in a world of seven billion human beings who possess
an ever-increasing appetite for the consumption of material goods.
The ecosystems of the Earth are being destroyed at a historically
alarming rate. Assuming a level of ethical duty toward wildlife, it is
clear that to fulfill our obligations toward wildlife, humans must
adopt an agenda that goes beyond a passive attempt to save existing
ecosystems. This duty supports an obligation to both protect and
actively restore the ecosystems where wildlife live.
The realization of these goals should be accomplished by allowing
wildlife an enhanced presence in the legal system and by making their
interests more visible when humans make decisions impacting
wildlife and their habitat. The enhanced presence of wildlife on the
stage of jurisprudence will give greater weight to their interests in the
everyday balancing of interests that is the bread and butter of the legal
process.
Beschreibung
52 p.
Schlagwörter
Wildlife, Animals -- Law and legislation
Zitierform
25 J. ENVTL. L. & LITIG. 459 (2010)