Earth system scientists suggest we might be entering the Anthropocene, a new
geological epoch, where humans have become a global geophysical force, dominating
and changing the Earth system. While the Anthropocene must still be officially
designated as such, it has since become a useful discursive framework that
now occupies a central position in the sustainability discourse. In fact, the
Anthropocene has become an important, if not entirely uncontentious, issue permeating
the many multidisciplinary conversations that grapple with the place and
future of humans as part of the Earth system. Originally emanating from the domain
of natural sciences, the Anthropocene has now also become a focus of social
sciences and the humanities, evidenced in particular by its recent inclusion as one
of the four contextual conditions of the new Science and Implementation Plan of the
Earth System Governance Project (the others are transformations, inequality and
diversity).
Curiously, however, when compared to the geosciences and the Earth system
governance research agendas, the Anthropocene remains largely underexplored in
the juridical domain, with only a few lawyers having interrogated its implications
for law and legal science generally, and for environmental law specifically. Those
of us that are investigating the relationship between the Anthropocene and law
broadly agree that law is a critical element of the human–political–social system,
and an important part of those social regulatory institutions that humans consciously
design to establish and maintain a specific type of desired social order.
This is increasingly an order that is being destabilized by Earth system changes, as
the impacts of climate change on societies across the globe clearly suggest. The
Anthropocene is therefore critically relevant to law and legal science, while conversely,
law has an important role to play in contemplating and ensuring Earth
system integrity and future life on Earth.