The Ecology of Law: Toward a Legal System in Tune with Nature and Community, by Fritjof Capra, Ugo Mattei
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The Ecology of Law: Toward a Legal System in Tune with Nature and Community, by Fritjof Capra, Ugo Mattei
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The Ecology of Law Fritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.
The Ecology of Law: Toward a Legal System in Tune with Nature and Community, by Fritjof Capra, Ugo Mattei- Amazon Sales Rank: #751486 in Books
- Published on: 2015-10-05
- Released on: 2015-10-05
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x .90" w x 6.30" l, .0 pounds
- Binding: Hardcover
- 240 pages
Review “The modern-day legal system is seldom tied to current unsustainable ecological practices. Yet in this thoughtful treatise, co-authors Capra and Mattei show how tenets of western jurisprudence, such as private property rights and eminent domain, have eradicated older precepts. Natural resources were considered 'commons' that belonged to no one, to be shared by everyone. This older way of thinking gradually disappeared as community-based justice was replaced by codified laws serving elites, as in ancient Rome. American law, inherited largely from the English common law tradition, developed under the influence of Enlightenment-era concepts of favoring mercantilism and industrialization – practices that approach the natural world as something to be subdued and exploited. The authors propose a philosophy and jurisprudence that is deeply radical – upending centuries of Western tradition and culture – but possibly crucial to solving looming environmental problems. If there is a flaw in their book, it is perhaps their faith (expressed almost without doubt) that there exists a reasonable possibility of the world jettisoning global capitalism in order to 'decentralize power to small scale communities in tune with the laws of ecology.' Simply reading about Capra and Mattei's vision is a paradigm-changing experience. Realizing it would require a seemingly impossible, but perhaps crucial, global transformation.”- Publishers Weekly “Confronting the systemic roots of our ecological crisis is far from easy, but there is a heartening side: we remember that the rules of our economic system are culturally constructed -- and that means they can change. This book is not only a dazzling map of the legal order underpinning capitalism, but also a visionary call to transform that system, reminding us that communities can and must drive the process of renewal and regeneration.”—Naomi Klein, author of This Changes Everything and The Shock Doctrine“Rules restrain but also enable. Law elevates this capacity onto a higher plane but succumbs to its dark side when shaped by vested interests extending cleverly their tyranny upon humanity and nature. Things do not have to be this way. As this book vividly explains law can be turned into an instrument for defending the planet and its inhabitants from the encroachments of financialized commodification.”—Yanis Varoufakis, former Minister of Finance of Greece"The Ecology of Law is a fast-paced, historical tour de force, placing the law in the various contexts that have shaped its utilization for good or ill. The contexts discussed by these bold thinkers - science and technology, the natural world, and the commons as a legal institution - provide fresh and functional perspectives on the evolution of law for the just society. For all those readers who think, wonder, and bridle at the law in their lives, this book is your tonic." —Ralph Nader“Fritjof Capra and Ugo Mattei fill a gap in our understanding of how the mechanistic paradigm that shaped a science for the exploitation and domination of nature was exported into law to ‘naturalize' resource grab and the enclosures and privatization of the commons. From the tragedy imposed on the old and young in Greece, to the farmers' suicides in India , the enclosures of the commons is now threatening the very survival of humanity. The Ecology of Law lays the conceptual foundations for the recovery of the commons , and through it, the rejuvenation of our economies, our democracies, our lives .”—Vandana Shiva, scientist, philosopher, activist, and author of Making Peace with the Earth
About the Author Fritjof Capra, PhD, is a founding director of the Center for Ecoliteracy in Berkeley, California. He is a fellow of Schumacher College in England and serves on the council of Earth Charter International. He frequently gives management seminars for top executives. Capra is the author or coauthor of over ten books, including The Tao of Physics and The Web of Life.Ugo Mattei is the Alfred and Hanna Fromm Professor of International and Comparative Law at the University of California Hastings College of the Law and a professor of civil law at the University of Turin, Italy. He is active in the European Commons movement and has written academic articles and media commentary translated into many languages.
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4 of 4 people found the following review helpful. A milestone in the collective journey towards a new ecolegal order By Ferrando Tomaso The history of law and of the Western modern legal thought is deeply characterized by the construction of nature as a series of commodities that can be seized, occupied, traded and destroyed. As a consequence, human laws authorize, legitimize and protect people (and wealthy people above all) when they enclose natural resources, grab land, privatize water and trade food throughout the world as an item whose value depends on exchanging and not on using.In this excellently written and enjoyable book, Fritjof Capra and Ugo Mattei combine their theoretical and practical backgrounds to expose the ecological unsuitability of "mechanistic" paradigm and propose a new and appealing "ecolegal" order that challenges the deepest and most rooted assumptions of most jurists, businessmen and political leaders.At a time when global warming is "changing everything" and when there is an increasing realization of the need for a new holistic paradigm is needed and urgent, the first seven chapters of the book (pars destruens) take scientists and jurists - but also non expert readers - through the history of ideas that contributed to the creation of the current (entrapped) state of the world and its naturalization. The last three chapters, which are highly destabilizing of the legal status quo and thought provocative, discuss the 'commons' and some of ongoing revolutionary struggles that try to make the new paradigm a reality as the funding pillars of "an ecologically transformed law [that] can transform capital into natural commons by producing a sustained investment into a sharing economy, into ecologically compatible architecture, or into environmental care."This book is for those who think that another world is possible and those who are convinced that the current legal and scientific paradigms are inevitable and 'natural'. They should read this book and will find in it new and convincing arguments to support a shift away from the mechanistic worldview of modernity and to participate to the emergence of a new legal system that is inclusive, bottom up, participated, holistic and in line with the limits and potential of our planet.
3 of 3 people found the following review helpful. it also offers a powerful and evocative illustration of the way that popular democratic movements can abate some of the worst ex By jerry blane A very important work for anyone following developments in the evolution of social and political thought, broadly construed. The book is a page-turner, and is written for both specialist and popular audiences. The key takeaway is intuitive: our epistemic understanding of the physical world has moved away from static models of properties and dynamics (Aristotelian, Cartesian, Baconian)--which were expressed as immutable "laws of nature"-- towards more fluid conceptions of the cosmos (Einstein, Bohrs, Heiselberg); our legal/regulatory models are in dire need of a similar paradigm shift. Western science has moved towards an epistemology/ontology that acknowledges that physical properties are contingent on related phenomena. As Heiselberg postulated, "The more precisely the position of an electron is determined, the less precisely its momentum is known in this instant, and vice versa." The marriage of physics with chemistry in the early part of the 20th century has now been supplemented with radically contingent theories of subatomic and macrocosmic dynamics. As a result, our understanding of foundational 'facts' about our environment, including the very premise of time as an absolute and linear measure, has been called into question.Western jurists and policymakers have a difficult time conceptualizing these more fluid network processes, and consequently, the dominant jurisprudential paradigm still rests on what Capra and Mattei call a model of "mechanical jurisprudence" -- where physical phenomena can be studied, deductively reduced to their least common measurable denominators, and then allocated through the process of propertization to ostensibly "most efficient" uses. As science has evolved from static towards network/systems conceptions of matter and its progeny, so too should legal thinking.The Ecology of Law can be thought of as a provocative and highly original intellectual history, spanning 2,000 years of Western thought. Beyond that, what is most remarkable about the book is that aside from offering a total critique of dominant modes of thinking, it also offers a powerful and evocative illustration of the way that popular democratic movements can abate some of the worst excesses of the "static" model, including in the domain of environmental conservation, property rights and property allocation, and so on. Building on Ugo Mattei's work on the legal institution of the Commons in Italy and throughout Europe, the book offers a fresh and inviting look into how popular movements can re-appropriate "law" towards emancipatory and non-anthropocentric ends. In a genre of scholarly/populist literature that is so often saturated with pessimistic assessments regarding humanity's inherent inability to see the bigger picture in truly intergenerational and collective terms, The Ecology of Law drips with optimism founded in actual political struggle. An imminently accessible "must read" for audiences ranging from senior policymakers and theorists to high school students looking for ways to make a difference.
3 of 3 people found the following review helpful. Real food for thought By William Walton In this groundbreaking book Capra and Mattei set the record straight by challenging the most deep-rooted assumptions of the Modern era and by propounding a feasible and desirable alternative to the status quo: a new ecological Weltanschauung and a new “ecolegal” order. The authors help us understand that many concepts and categories we are familiar with are not indisputable truths but just one version of the story (the dominant narrative). The dominant mechanist worldview, the extractive mentality, the idea of an atomistic society built around the notion of individualism whereby every human relation is reducible to a property relation, where everything is to be done in consideration for something else, whereby competition replaces cooperation, are all factors that contributed to the current social, economic and ecological crisis. Now, more than ever, a paradigm shift from competition to cooperation, from extraction to reproduction, from privatization to access, from exclusion to inclusion is needed and this book pursues this goal.Capra and Mattei gifts us with an invaluable resource: a critical guide which helps readers to be active thinkers and not merely passive will-takers!
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