Utilising Principles of Earth Jurisprudence to Prevent Environmental Harm: Applying a Case Study of Unconventional Hydraulic Fracturing for Shale Gas in the United Kingdom

Abstract

Approaching behaviour that produces environmental harm through the medium of criminal sanctions (largely involving monetary penalties) has been criticised consistently as failing to prevent environmental crimes and harms, and failing to concurrently reduce environmental re-offending. Furthermore, important state–corporate political and economic relationships exist that ensure the continuation of environmental degradation. We suggest that a way to overcome this is to re-work the current legal system to one grounded in Earth jurisprudence. Although we realise that state–corporate relationships would likely prevent the implementation of Earth jurisprudential principles, we argue such principles are essential to up-end the prioritisation of economic imperatives over ecological values within capitalist societies. To demonstrate the strength and utility of the Earth jurisprudential approach, we use the case of fracking for shale gas in the United Kingdom to examine how Earth jurisprudential principles could prevent environmental harm from occurring.