The Ecology of Law: Toward a Legal System in Tune with Nature and Community
by Fritjof Capra, Ugo Mattei
4.10 · Rating details · 49 ratings · 7 reviews
WINNER OF THE 2015 IBPA BENJAMIN FRANKLIN AWARD IN POLITICS/CURRENT EVENTS
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.
Hardcover, 240 pages
Published October 5th 2015 by Berrett-Koehler Publishers (first published September 21st 2015)
Average rating4.10 · Rating details · 49 ratings · 7 reviews
Tyler Knight
Nov 09, 2015Tyler Knight rated it really liked it
This was definitely one of the most interesting books that I have read. The Ecology Of Law brings about an important point that we as humans need to examine in order to ensure our long-term survival. As the authors point out, there have been many movements, large and small, that are helping to bring us closer to an ecoliterate society. I believe that this revolution is bound to happen, however, at this current pace, it may be too late by the time it actually does. Therefore, we must all do our part in order to increase awareness of our unsustainable, extractive society; moving forward into a generative society in which we can all live in tune with nature. (less)
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Al Clark
Nov 01, 2018Al Clark rated it liked it
Interesting history of the philosophy of law from an ecological perspective, with prescriptions for how to alter the legal system to blunt the human impact on the Earth.
It suffers from the normal weaknesses in the genre, namely a dearth of new ways to affect the change recommended, and limited specificity when talking about goals.
One big flaw in my mind was the repetition in various forms that humans had previously lived in harmony with their surroundings. While this may have been the case in prehistory, there is ample documentation of human-driven degradation of ecosystems from Phoenicia through today. Maybe rather than "harmony" they meant "not catastrophically poisoning," but they could've just said this if that's what they meant too.. (less)
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Brandon Wilde
Apr 25, 2019Brandon Wilde rated it really liked it
Shelves: paradigm-shifting, politics, social-science
I found it fascinating to read about the philosophy of modern law, consider what it is founded upon (protection of oneself and one's property), and imagine a new legal system based on radically different principles (e.g. sustainability and the welfare of the whole). The authors explore the possibility of a society dominated by neither capitalism nor big government, but rather by the commons, and they provide numerous examples and analogies to explain it.
Although these concepts felt somewhat distant and foreign to me, the authors make a compelling argument for the pursuit of this legal and societal shift, which synthesizes both a return to old wisdom and a more pragmatic application of modern science and technology.
Although large chunks of this book were difficult for me to understand, what with all the legal jargon used, I still enjoyed what I could understand, and appreciated the frequent appeals to modern science and what we can learn from it.
If you enjoyed this book or its concepts or the science-y parts at all, I'd highly recommend Capra's other works, especially The Systems View of Life. I'd say this book could almost have been published as a prologue to The Systems View of Life. (less)
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Sara Echevarría
Jan 20, 2020Sara Echevarría rated it it was amazing
Inspiring and wll presented!
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Riley Holmes
Oct 06, 2016Riley Holmes rated it liked it
Good, quick, easy read, but too superficial to recommend wholeheartedly.
The science history portions outlined the emergence of the Cartesian/Newtonian mechanistic worldview, and it's overturn by 20th century advances in quantum theory, relativity, and chaos/complexity.
This material is a much watered-down version of Capra's excellent 'Systems View of Life' which I would recommend instead.
Some tenuous parallels are drawn to the history of law, which was new to me but left me wanting more depth.
There were a few interesting examples of how global capitalism has gone awry, like the Bayh-Dole act, anti-Kelo laws, and George Soros' 1992 tanking of currencies. All were quickly glossed and the last one was not even given a cursory exposition.
At times there's a hint of regressive yearning for days when everyone grows their own food and viisits the neighborhood cobbler. But overall they offer an urgent and idealistic view of the future of political economy and law, and have inspired the future direction of my research. (less)
