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Charter Evidence in Criminal Law
Indiana Law Journal Volume 3 Issue 9 Article 2 6-1928 Charter Evidence in Criminal Law Joseph Cripe Wills & Cripe Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Criminal Law Commons, and the Evidence Commons Recommended Citation Cripe, Joseph (1928) "Charter Evidence in Criminal Law," Indiana Law Journal: Vol. 3 : Iss. 9 , Article 2. Available at: https://www.repository.law.indiana.edu/ilj/vol3/iss9/2 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. CHARACTER EVIDENCE IN CRIMINAL CAUSES Joseph Cripe When the defendant in a criminal case takes the witness stand, his general moral character may be attacked for the pur- pose of affecting his credibility. Section 2272 of Burns' Stat- utes, 1926 Revision, provides that: "In all questions affecting the credibility of a witness, his general moral character may be given in evidence." This originally was Section 1803 of the Revised Statutes of 1881, and has been in force ever since the 19th of September, 1881. It must be understood that the char- acter of the accused in a criminal case is not in issue unless he chooses to bring it into question by himself first offering evi- dence in support of his good character but it has become the rule ever since Fletcher v State,' that if he avails himself of the privilege of testifying, he testifies under the same rules and 2 may be impeached in the same manner as other witnesses. -
1 Coalition Appears Before Ecuador's Constitutional Court in Possible
Coalition Appears Before Ecuador’s Constitutional Court in Possible Historic Rights of Nature Case FOR IMMEDIATE RELEASE: October 19, 2020 QUITO, ECUADOR—Today, a coalition of environmental organizations appeared as amicus curiae before Ecuador's Constitutional Court to seek a robust application of the "Rights of Nature" in order to save the Los Cedros protected forest. Los Cedros is an immensely biodiverse Andean cloud forest that is under threat from recent mining concessions to state mining company ENAMI and its Canadian partners, Cornerstone Capital Group and BHP. These mining concessions now cover two-thirds of the reserve, threatening several imperiled species with extinction. In 2008, Ecuador became the first country in the world to constitutionally recognize the Rights of Nature, thereby establishing that Nature possesses certain basic rights, just as humans do. The Los Cedros case is the first time the Constitutional Court will address the Rights of Nature head on, making it a possible landmark ruling. “Ecuador has inspired a global movement to recognize Nature’s rights, but now it must become effective in practice to protect and restore ecosystems,” said Carla Cardenas, an Ecuadorian lawyer and Law and Policy Associate at Earth Law Center. “Today, our coalition presented a blueprint for Ecuador to enforce the Rights of Nature in a strong and practical manner.” "The Constitutional Court has a responsibility to represent the voice of Nature in the Los Cedros case," said Natalia Green, co-founder and Executive Committee member of -
First International Forum for the Rights of Mother Earth
First International Forum for the Rights of Mother Earth Celebrating World Environment Day Mexico City | June 1-5 2016 First International Forum for the Rights of Mother Earth 2 Movement: horizon, path, and destiny Horizon It is time to globalize legislation for the Rights of Mother Earth and establish a Universal Declaration of the Rights of Nature, to recog- nize her as a living being- the biggest of all-, to protect her, restore her, and link her to humanity by way of respect and preservation of all her species. Only this action can stop the irrational exploitation and the utilita- rian view that today drives the relationship between mankind and Nature. Therefore, this declaration is the first step to ensure the future of the innumerable forms of existence, including the human species, on our planet. Path Mexico has gained significant legal steps to shift from an anthro- pocentric to a biocentric view, such as the Law of Protection of the Earth in Mexico City and the constitutional recognition of the rights of Nature in the state of Guerrero. These legislative advancements First International Forum for the Rights of Mother Earth 3 motivate various national and international organizations and so- cial networks to convene the First International Forum for the Ri- ghts of Mother Earth on June 1st through 5th, 2016 in Mexico City, surrounding World Environment Day, celebrated on June 5th. Destiny The First International Forum for the Rights of Mother Earth brings legislators, scientists, philosophers, ecologists, artists, keepers of ancient traditions, and social and spiritual leaders together to de- fine actions that ignite social awareness —extensive, diverse, and in solidarity— centered around the importance of legislating the Rights of Mother Earth. -
What Are the Sustainable Development Goals?
MODULE 1: What are the Sustainable Development Goals? Youth Workers 4 Global Goals CAPACITY BUILDING IN THE FIELD OF YOUTH This project has been funded with support from the European Commission. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Module 1: What are the Sustainable Development Goals? Introduction ................................................................................................................ 2 I. What is Sustainable Development?.……………….…………….……………….....………………….3 Sustainability ............................................................................................................... 3 Development……………………………………………………………………………………………………….…..6 Sustainable development . ........................................................................................... 8 II. What are the Sustainable Development Goals (SDGs)? ......................................... 13 The Millennium Development Goals .......................................................................... 13 The Sustainable Development Goals ......................................................................... 15 1 INTRODUCTION In September 2015, the leaders of all 193 member states of the UN adopted Agenda 2030, a universal agenda that contains the Global Goals for Sustainable Development. The 17 Goals in turn hold 169 targets and 230 indicators. The Global Goals is the most ambitious agreement for sustainable development -
To Download Magna Carta FAQ Answers .PDF
Magna Carta FAQ: Answers Produced with the support of the Chartered Institute of Legal Executives (CILEX) Answers provided by: Professor Nigel Saul Magna Carta FAQ: Answers Q1) WHAT’S MAGNA CARTA DONE FOR ME? Quite simple - it’s because of Magna Carta that we well whatever he liked – and did. After the making of the live in a free country today. Magna Carta affirmed the Charter he was subject to the law like everyone else. In vital principle of freedom under the law. Clause 39 of the mid thirteenth century the lawyer Henry Bracton was the Charter said: ‘no free man shall be imprisoned or to write, ‘in England the king is below God and below the deprived of his lands except by judgement of his peers or law’. by the law of the land’. Clause 40 said: ‘To no one shall we sell, delay or deny right or justice’. Before the making of Magna Carta the king had been able to do pretty Q2) HOW MUCH OF MAGNA CARTA IS STILL ON THE STATUTE BOOK? Very little, in fact. To be precise, just four clauses of the matters? Most definitely not. All great documents are the original 1215 version of the Charter. These are: clause product of specific historical circumstances and lose their 1, guaranteeing the liberties of the Church; clause 13, immediate relevance over time. But that does not mean guaranteeing the liberties of the City of London; and that they can be forgotten or consigned to the historical the famous clauses 39 and 40, guaranteeing due legal waste paper bin. -
Confronting Remote Ownership Problems with Ecological Law
CONFRONTING REMOTE OWNERSHIP PROBLEMS WITH ECOLOGICAL LAW Geoffrey Garver* ABSTRACT ThomasBerry’s powerfulappeal foramutually enhancing human- Earthrelationshipfaces many challengesdue to theecological crisis that is co-identifiedwith dominant growth-insistenteconomic,political, andlegal systemsacrossthe world. Thedomains of environmental history, ecological restoration, and eco-culturalrestoration, as well as studies by Elinor Ostrom and othersofsustainableuse of commonpool resources,provide insightsonthe necessary conditions foramutually enhancing human-Earth relationship. Atheme commontothesedomains is theneed forintimate knowledgeofand connectiontoplace that requiresalong-standing commitment of people to theecosystems that sustainthem.Remoteprivate ownership—oftenbylarge and politically powerful multinational corporations financed by investorsseeking thehighest possiblereturns and lacking knowledgeorinterestinthe places and people they harm—is deeplyengrained in theglobal economic system.The historical rootsof remote ownership and controlgoback to territorial extensification associated with thesharpriseofcolonialismand long-distancetradeinthe earlymodernera.Yet remote owners’and investors’ detachment from place poses an enormous challenge in thequest foramutually enhancing human-Earthrelationship. ThisEssaypresents an analysis of how contemporary environmental lawundergirds theremoteownershipproblem and of how limits-insistentecological lawcouldprovide solutions. ABSTRACT..................................................................................................425 -
WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the Foundations of Life
WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the foundations of life Introduction The report of the Special Rapporteur on Human rights and associated obligations related to healthy biodiversity and ecosystems comes at a critical juncture. The COVID19 pandemic has more clearly than ever revealed the deep faults in our global economies and societies: both our staggering inequities and our dangerously unbalanced relationship with nature. We have an opportunity to build a green and just recovery. Ensuring global recognition of the tight bond between human rights and environmental health can leverage the sustainable decisions and actions we need to achieve that. This WWF contribution to the Special Rapporteur’s report aims to support that ambition, one we are equally committed to. It includes contributions from multiple offices across the WWF network.1 Responses to the Special Rapporteur’s questions on healthy ecosystems and human rights. Q.1: Please provide examples of ways in which declining biodiversity and degraded ecosystems are already having adverse impacts on human rights. Declining biodiversity and degraded ecosystems have far reaching and diverse impacts on human rights across the world. Nature degradation, declining natural spaces and degradation of water catchment areas greatly impact the right to a clean and healthy environment and the right to clean water (Examples in Annex: Kenya, Australia, Brazil, Argentina). Declining wildlife populations and destructive fishing practices threaten the right to food and food security for communities whose livelihoods depend on biodiversity (Example in Annex: Malaysia); poaching and unrest can have severe impacts on the security of communities and indigenous populations (Example in Annex: DRC). -
City Charter
City of Portland Charter Code of Ordinances Article I Rev. 12-6-12 PART I CHARTER* ---------- *Editor's note--Historical references are cited in parentheses at the end of each section. Such references cite only the various amendments adopted by referenda conducted pursuant to home rule powers granted by P.L. 1970, c. 563 (30 M.R.S.A. § 1911 et seq.). Prior to 1970 and home rule the charter and its various amendments were enacted by the Maine Legislature and such are not cited in said parentheses. A history of the charter and amendments is attached as Appendix A. State law reference(s)--Home rule, 30 M.R.S.A. § 2101 et seq. ---------- Preamble Art. I. Grant of Powers to the City, §§ 1, 2 Art. II. City Council; Mayor, Ranked Choice Voting §§ 1--11 Art. III. Board of Public Education, §§ 1--6 Art. IV. Elections, §§ 1--11 Art. V. Recall, §§ 1--7 Art. VI. Administrative Officers, §§ 1--8 Art. VII. Business and Financial Provisions, §§ 1--16 Art. VIII.Miscellaneous Provisions, §§ 1--5 PREAMBLE We, the People of Portland, Maine, establish this Charter to secure the benefits of local governance and to provide for the general health, safety and welfare of our community. In so doing, we build a government that meets the needs of the people it serves and whose character it reflects. Our government shall further cooperation, encourage leadership, solicit our input and support the active participation of our residents in their governance. Our government shall be effective and accountable and shall promote equal rights and representative democracy. -
The Policy Relevance of the Earth Charter for Europe
E A R T H C H A R T E R I N T E R N A T I O N A L The Policy Relevance of the Earth Charter for Europe A Paper Prepared for the Maastricht Forum on the Future of Europe 9-11 May 2007, Maastricht University The Netherlands by Johannah Bernstein Earth Charter International Center for Strategy and Communication Stockholm, Sweden NOTE: This paper reflects the views of the author and does not necessarily represent the views of Earth Charter International. The development and publication of this paper were supported by NCDO (the Netherlands Committee for Sustainable Development and International Cooperation) and Socires. a Dutch policy institute. 1 The Policy Relevance of the Earth Charter for Europe By Johannah Bernstein 1 Introduction ________________________________________________________________________ The first decade of the 21st century marks a period of profound and rapid transformation for European integration as Europe grows quickly in number and scope. These factors are enormous challenges for Europe as it strives to realise its potential beyond economic cooperation (Baykal 2004). At the same time, as other chapters in this book assert, Europe’s political role and impact on the global stage is in need of revitalization. There can be no doubt that the globalized and complex world against which Europe defines itself does not require a new hegemon. Instead, what is needed is a Union that is grounded in an ethos of multilateral cooperation and collaboration and which asserts a strong global partnership role to ensure that the benefits of globalization are spread fairly around the world. -
Seeking a New Jurisprudence … for Earth Matters
1 The Long View Summer 2012 Oregon State Bar Sustainable Future Section Photo: J. Michael Mattingly The Long View Seeking a New Jurisprudence...for Earth Matters By Pat Siemen, JD, OP What is Earth Jurisprudence? Earth jurisprudence is an emerging field of law that encompasses both environmental ethics and legal practices. It builds on the pioneering work of Christopher Stonei, Aldo Leopoldii, and Thomas Berryiii, as well as indigenous traditionsiv. Thomas Berry, a priest, cultural his- torian, scholar, and self-described “geologian” first used the term “Earth jurisprudence.” In April 2001, Berry presented his outline of “The Origin, Differentiation and Role of Rights,” an articulation of the quantitative rights of nature that has been foundational in shaping the field of Earth jurisprudence. This document, later revised as “Ten Principles for Jurisprudence Revision,”v continues to provide critical conceptual foundation for the advancement of a “rights-of-nature” movement. In it, Berry sets forth his assertion that the rights to exist, flourish and fulfill one’s purpose in the Universe are not only innate to humans, but also apply to the nonhu- man world because the rights are grounded in the Universe, rather than any of human law. Earth jurisprudence examines the “wisdom or philosophy of law” for the sake of the viable functioning of the Earth community. Recognizing that we face unprecedented ecological challenges that impact the physical and spiritual health of both humans and the larger natural world, Earth jurisprudence calls for a major shift in consciousness. It requires an understanding of humanity’s integral relationship with larger, interdependent natural systems, and therefore, the recognition that laws, policies and economics need to be designed to protect the natural systems, species and entities that sustain life. -
Earth Jurisprudence: the Moral Value of Nature, 25 Pace Envtl
Pace Environmental Law Review Volume 25 Article 1 Issue 2 Summer 2008 June 2008 Earth Jurisprudence: The orM al Value of Nature Judith E. Koons Follow this and additional works at: http://digitalcommons.pace.edu/pelr Recommended Citation Judith E. Koons, Earth Jurisprudence: The Moral Value of Nature, 25 Pace Envtl. L. Rev. 263 (2008) Available at: http://digitalcommons.pace.edu/pelr/vol25/iss2/1 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. PACE ENVIRONMENTAL LAW REVIEW Volume 25 Summer 2008 Number 2 ARTICLES Earth Jurisprudence: The Moral Value of Nature JUDITH E. KOONS* There are times in our lives, particularlyas we grow older, when the long arm of the horizon becomes our teacher.1 I. INTRODUCTION Earth Jurisprudence is an emerging field of law that calls us to pause as we enter the twenty-first century to consider the ground under our feet and the teachings bearing down on us from the horizon. 2 As planetary environmental crises advance toward * Associate Professor of Law, Barry University School of Law, Orlando, Florida. B.A., J.D., University of Florida, M.T.S., Harvard Divinity School. Copyright, Judith E. Koons, 2007. I offer my gratitude to Thomas Berry for his long life of soulful work and natural wisdom; to Sr. Pat Siemen, O.P., J.D., for her devotion to the call to "wear out rather than rust out"; to Julie Perry for her passionate and talented research assistance; to Pat Tolan and Eric Hull for their helpful comments; to the many ear- nest thinkers whose work graces this article; and to Earth for continuing to count us among her own. -
Charter of Fundamental Rights of the European Union
18.12.2000EN Official Journal of the European Communities C 364/1 CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION (2000/C 364/01) 18.12.2000EN Official Journal of the European Communities C 364/3 PROCLAMACIÓN SOLEMNE HØJTIDELIG PROKLAMATION FEIERLICHE PROKLAMATION —`˝˙ˆÕÑÉ˚˙ ˜É`˚˙ÑÕ˛˙ SOLEMN PROCLAMATION PROCLAMATION SOLENNELLE FORÓGRA SOLLÚNTA PROCLAMAZIONE SOLENNE PLECHTIGE AFKONDIGING PROCLAMA˙ˆO SOLENE JUHLALLINEN JULISTUS HÖGTIDLIG PROKLAMATION 18.12.2000EN Official Journal of the European Communities C 364/5 El Parlamento Europeo, el Consejo y la Comisión proclaman solemnemente en tanto que Carta de los Derechos Fundamentales de la Unión Europea el texto que figura a continuación. Europa-Parlamentet, Rådet og Kommissionen proklamerer hłjtideligt den tekst, der fłlger nedenfor, som Den Europæiske Unions charter om grundlæggende rettigheder. Das Europäische Parlament, der Rat und die Kommission proklamieren feierlich den nachstehenden Text als Charta der Grundrechte der Europäischen Union. Ôï ¯ıæøðÆœŒü ˚ïØíïâïýºØï, ôï ÓıìâïýºØï ŒÆØ ç ¯ðØôæïðÞ äØÆŒçæýóóïıí ðÆíçªıæØŒÜ, øò ×Üæôç ¨åìåºØøäþí ˜ØŒÆØøìÜôøí ôçò ¯ıæøðÆœŒÞò ‚íøóçò, ôï Œåßìåíï ðïı ÆŒïºïıŁåß. The European Parliament, the Council and the Commission solemnly proclaim the text below as the Charter of fundamental rights of the European Union. Le Parlement europØen, le Conseil et la Commission proclament solennellement en tant que Charte des droits fondamentaux de l’Union europØenne le texte repris ci-aprŁs. Forógraíonn Parlaimint na hEorpa, an Chomhairle agus an Coimisiœn go sollœnta an tØacs thíos mar an Chairt um Chearta Bunœsacha den Aontas Eorpach. Il Parlamento europeo, il Consiglio e la Commissione proclamano solennemente quale Carta dei diritti fondamentali dell’Unione europea il testo riportato in appresso. Het Europees Parlement, de Raad en de Commissie kondigen plechtig als Handvest van de grondrechten van de Europese Unie de hierna opgenomen tekst af.