Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2022

Abstract

The right to life of all living beings and the duty of humans to co-exist with nature have been recognized in Sri Lankan tradition and religious practice for centuries. Yet, environmental destruction, degradation and pollution due to human activities have become a common phenomenon in contemporary Sri Lanka. Anthropocentric thinking pervades Sri Lankan jurisprudence. Laws and judicial decisions have largely failed to recognize the rights of nature to be protected for its relational and intrinsic values. There is also limited acknowledgement that the very survival of human beings depends on the continuous existence of Mother Earth. Significant shifts from human-centred thinking are increasingly observed in other jurisdictions. This article considers how environmental protection in Sri Lanka could be strengthened through the adoption of a greater ethic of eco-centrism. The overarching question posed considers how the examination of eco-centrism in Sri Lankan religious and cultural texts might enable the emergence of an Earth jurisprudence approach to nature protection. The article highlights traditional and religious teachings from Sri Lanka to emphasise the need for greater recognition of existing histories and cultures as the foundation of contemporary law for the protection of nature. The article draws on lessons from the emergence of Earth jurisprudence globally to provide recommendations for legal reform in the Sri Lankan context.

Keywords

Rights of nature, Environmental protection, Eco-centrism, Earth jurisprudence

Discipline

Asian Studies | Environmental Law | Law

Research Areas

Public Interest Law, Community and Social Justice

Publication

Asia Pacific Journal of Environmental Law

Volume

24

Issue

2

First Page

149

Last Page

181

ISSN

1385-2140

Identifier

10.4337/apjel.2021.02.01

Publisher

Edward Elgar

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.4337/apjel.2021.02.01

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