The Earth Jurisprudence Framework: Embedding the Intrinsic Value of Nature into Law
Can a river be a person? Legally, the Earth Jurisprudence framework says yes.
What is Earth Jurisprudence?
Earth Jurisprudence is an emerging legal philosophy rooted in the belief that humans are deeply interconnected with the Earth. Many laws in the United States treat the environment as a resource to be exploited, often regulating the extent to which a commodity can be extracted. By contrast, the philosophy seeks to advance the inherent rights of the environment and promote ecological flourishing (Cullinan). The framework marks a shift from anthropocentrism (human-centered) to eco-centrism (nature-centered).
Importantly, Earth Jurisprudence does not encompass a single, “one-size-fits all” model. Instead, the framework adapts to the cultural and ecological contexts of different societies, resulting in a range of diverse ecocentric laws that reflect local-specific cultural philosophies (Cullinan).
‘Earth’ vs ‘Wild’ Laws
Laws that follow Earth Jurisprudence are often categorized as ‘Earth’ or ‘wild’ laws. Wild laws aim to regulate human behaviors in ways that encourage intimate relationships between humans and other beings, fostering a relationship that values expression and collaboration (Cullinan). Cormac Cullinan, who coined the term ‘Wild Law,’ drafted the Universal Declaration of the Rights of Mother Earth, which was introduced during the World People’s Conference on Climate Change and the Rights of Mother Earth in 2010. The language, which resembles the Universal Declaration of Human Rights, recognizes the inherent rights of Mother Earth while listing the obligations of human beings to the environment (Universal Declaration of the Rights of Mother Earth). Earth laws, on the other hand, focus narrowly on avoiding environmental exploitation and preserving ecosystems, sometimes saying little to nothing about the activities that perpetuate ecological degradation (Cullinan). For example, the FOREST Act that would prohibit the import of commodities produced in illegally deforested land in the U.S (Forest Act of 2023).
International Recognition of the Rights of Nature
One of the most influential and well-known applications of Earth Jurisprudence is the Rights of Nature movement. This framework redefines the scope of human rights, extending the status of legal personhood to all ecological beings and ensuring nature’s right to evolve and flourish (Cullinan). Under this model, supporters and activists seek to push governments to:
(a) expand the class of legal/ juristic persons to include all ecological beings
(b) recognize the inherent and unalienable rights of all ecological beings
(c) prohibit human being infringement upon said rights without justification
(d) impose duties on human beings to seek to live harmoniously within the Earth Community
(e) establish enforcement mechanisms for humans to defend the above rights in court
The Rights of Nature movement has gained traction in international law over recent decades. In 2008, Ecuador adopted the Rights of Nature Articles into its Constitution, becoming the first nation in the world to recognize that nature itself possesses constitutional rights. The Amendment acknowledged that Pacha Mama, Mother Earth, has the “right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes.” Articles 71-74 further secure the right of environmental restoration, restrict human harm to the environment and ecological beings, and empower communities to protect the rights of nature (República del Ecuador). In recognizing the rights of nature in its Constitution, Ecuador became a trailblazer for the global Earth Jurisprudence movement. The Articles ensured that individuals and organizations could bring legal action on nature’s behalf.
Establishing the rights of nature in Ecuador’s Constitution set a precedent for other nations to establish Earth Jurisprudence in legislation, such as the Whanganui River Act in New Zealand. In 2017, after 140 years of negotiation, the Māori tribe of Whanganui in New Zealand successfully won the fight to grant the Whanganui River the same legal rights as a human being.
“The reason we have taken this approach is because we consider the river an ancestor and always have,” said Gerrard Albert, the lead negotiator for the Whanganui iwi [tribe]. In Māori culture, tupuna [ancestors] live on in the natural world. Humans and water, especially, are believed to be intertwined. As a traditional saying expresses, “I am the river, the river is me” (Roy).
Under the river’s new status, if someone were to abuse or harm it, the law would treat the abuse no differently than if it were afflicted upon a member of the tribe. In addition, the Act appointed two guardians, one from the Crown and from the Māori tribe, to uphold the river’s rights and represent the river in court (Te Awa Tupua). This unprecedented Act suggests immense potential for the incorporation and recognition of Indigenous voices into environmental law.
A New Definition of Justice
Earth Jurisprudence challenges societies driven by economic growth to imagine a radical change in our relationship to the planet. Instead of viewing the environment as oil, lithium, and wood to be extracted and profited off of, the framework argues that we should respect nature for the being that it is. Proponents argue that applying this legal philosophy can transform the very systems that perpetuate environmental destruction (Cullinan).
Realizing this vision, however, is no simple feat. Scholars argue that implementing Earth jurisprudence requires us to adjust our current political systems, to develop entirely new institutions with the expertise to judge Earth Jurisprudence cases, and to translate these ideas to vastly different cultures with ranging perspectives on environmental protection (Cullinan).
Still, from Ecuador’s constitution to New Zealand’s River Act, the Earth is slowly regaining its voice.
Works Cited
Cullinan, Cormac. “Earth Jurisprudence.” The Oxford Handbook of International Environmental Law, 2nd edn, 8 Dec. 2021, pp. 233–248, https://doi.org/10.1093/law/9780198849155.003.0014.
Roy, Eleanor Ainge. “New Zealand River Granted Same Legal Rights as Human Being.” The Guardian, Guardian News and Media, 16 Mar. 2017, www.theguardian.com/world/2017/mar/16/new-zealand-river-granted-same-legal-rights-as-human-being.
“Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.” Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, Parliamentary Council Office, 20 Mar. 2017, www.legislation.govt.nz/act/public/2017/0007/latest/DLM6831461.html.
The Global Alliance for the Rights of Nature. A panel discussion at the symposium including Pachamama Alliance Indigenous partner, Manari Ushigua. 12 Oct. 2018. Celebrating 10 Years of Rights of Nature in Ecuador, https://news.pachamama.org/celebrating-10-years-of-rights-of-nature-in-ecuador. Accessed 21 Oct. 2025.
“República Del Ecuador Republic of Ecuador Constitution of 2008 Constitucion de 2008.” Ecuador: 2008 Constitution in English, Political Database of the Americas, 20 Oct. 2008, pdba.georgetown.edu/Constitutions/Ecuador/english08.html.
United States, Congress, FOREST Act of 2023. 2023. U.S. Government Publishing Office Congress.
“Universal Declaration of the Rights of Mother Earth.” International Rights of Nature Tribunal, 22 Apr. 2010.
