People For Earth

On November 15th, People for Earth's Earth Jurisprudence Society held an academic conference with the Seoul National University(SNU) Law Research Institute's Legal Theory Research Center at the Woochon Law Hall of SNU Law School. The conference, themed "Legal Discourse for Nature," was successfully concluded with great interest and support, thanks to the cooperation of the Sun Pro Bono Center, Kangwon National University Environmental Law Center, Ajou University Law Research Institute, Yonsei University Social Development Research Institute, and the sponsorship of the Law Times.

The conference served as a platform to discuss the possibility of establishing a legal framework for nature from a legal philosophical perspective, focusing on Earth Jurisprudence as a new legal paradigm in response to the global ecological crisis of the 21st century. In particular, it provided an opportunity to discuss in depth the issues necessary to integrate and expand the rights or subjectivity of nature within the existing anthropocentric legal system.

The opening ceremony, presided over by Attorney Bomi Kim from the Sun Pro Bono Center, began with a welcoming address by Professor Wonyeol Jeon, Director of the SNU Law Research Institute, followed by congratulatory remarks from Keumsil Kang, co-representative of People for Earth, and Soohyeong Lee, CEO of the Law Times. The speakers emphasized the need for a paradigm shift in the legal system that reflects the changing times, where coexistence between humans and nature is becoming increasingly important amidst ongoing efforts to overcome the climate crisis and restore nature.

[Session 1] ESG and Earth Jurisprudence Issues

The first session, chaired by Professor Jeonghye Kang of the University of Seoul Graduate School of Law, explored the common ground between ESG and Earth Jurisprudence, with panelists discussing the ESG trend in the corporate and private sectors.

ESG, Value-Up, and Article 382-3 of the Commercial Act - Youngjae Ryu (CEO of Sustinvest) 

Youngjae Ryu critically analyzed the reality of Korean industries that focus solely on survivability by using ESG as a promotional tool, neglecting sustainability. He emphasized the importance of long-term investment and stewardship considering the next generation. In particular, he diagnosed the introduction of decarbonization technology and stakeholder capitalism as essential tasks for Korean companies.

A Study on ESG Realizing Earth Law - Jeonghwa Ryu (Corporate Lawyer) 

Jeonghwa Ryu analyzed the similarities between Earth Jurisprudence and ESG, emphasizing that ESG management can realize the values of Earth Jurisprudence in a way that considers future generations and respects the Earth's ecosystem and non-human nature. In particular, she introduced examples of corporate management that practice natural law philosophy, such as Patagonia, and suggested five ways to realize Earth Jurisprudence within the ESG framework.

A Proposal for Earth Jurisprudence and Civil Society Governance - Byongjin Ahn (Professor, Kyung Hee University Institute of Future Civilization) 

Byongjin Ahn presented the possibility of corporate governance reform based on Earth Jurisprudence. He introduced Senator Elizabeth Warren's licensing system, suggesting the introduction of future ecological impact assessment and future director systems. He also highlighted the innovative leadership of Patagonia CEO Yvon Chouinard for corporate social responsibility and sustainability.

Corporate Management and Nature Positive - Hyunyoung Ji (Deputy Director, Green Transition Institute) 

Hyunyoung Ji introduced the Nature Positive initiative, emphasizing the importance of policies that actively restore and improve the natural ecosystem in corporate management. She introduced the World Economic Forum's ACT-D framework and presented a step-by-step strategy for companies to set nature-friendly goals and achieve them. In addition to examples of companies practicing nature positive, such as BNPP Asset Management, SBTN, and Forico, she emphasized the importance of nature positive corporate governance through the case of Face in Nature.

[Session 2] Legal Discourse for Nature

In the second session, moderated by Professor Emeritus Wangbae Kim of Yonsei University's Department of Sociology, the theoretical foundations of Earth Jurisprudence and the legal subjectivity of nature were discussed in depth under the theme of "Legal Discourse for Nature."

Public Reason and Earth Jurisprudence: The Possibility of Earth Jurisprudential Public Reason - Dogyun Kim (Professor, Seoul National University School of Law) 

Professor Kim presented the possibility that Earth Jurisprudence could secure legitimacy within the framework of public reason and bring about practical legal and social change, going beyond mere academic discourse. Addressing the fundamental question of whether legal status can be granted to the Earth and nature beyond anthropocentrism, Professor Kim introduced the conceptual tool of 'public reason.' He argued that Earth Jurisprudence can satisfy the values of public reason, which can be accepted by all free and equal citizens even in situations of reasonable disagreement, and further enrich the content of public reason. In particular, he emphasized the importance of considering the well-being of the Earth community and the 'good life' of human and non-human beings as goals for the nation and the human community, analyzing Earth Jurisprudence from the perspective of 'perfectionism.' This presentation is significant in that it lays the theoretical foundation for Earth Jurisprudence to move beyond academic discussion and into practical policy and legal reform.

The Possibility of a Non-Anthropocentric Concept of Dignity - Jeongho Choi (Research Professor, Seoul National University Big Data Innovation Convergence College Project Group)

Professor Choi addressed the absence of the concept of 'dignity' in discussions on the rights of nature, emphasizing the need to recognize the inherent value of nature by extending it beyond humans. By analyzing cases of the Swiss Federal Constitution and the Korean Animal Protection Act, he criticized the contradiction that human dignity implies non-comparability while the dignity of animals and plants is considered a subject of comparison. He pointed out that the cause of this conceptual inconsistency when extending the concept of dignity beyond humans lies in anthropocentric assumptions. Professor Choi then examined various theories justifying the concept of dignity and suggested the possibility of a non-anthropocentric concept of dignity through 'negative justification theory' and 'recognition theory.' He argued that the concept of dignity should be approached 'relationally' and reinterpreted within the context of the relationship between humans and nature, emphasizing the possibility of reinterpreting recognition theory in a progressive way to establish a respectful order in the relationship between humans and nature, not based on the abilities or attributes of individuals or species, but within specific relationships. This presentation broadened the horizon of discussions at this academic conference by presenting a new perspective for overcoming anthropocentric limitations and recognizing the rights of nature. It is of great significance in that it sought to lay the groundwork for legal philosophy for the coexistence of humans and nature by reinterpreting the concept of dignity relationally.

The Bundle Theory of Legal Personhood and the Right-Bearing Capacity of Nature: Focusing on the Significance of Hohfeldian Analysis - Junyoung Jeong (PhD Candidate, Seoul National University Graduate School of Law) 

Researcher Jeong presented a new theoretical framework for granting legal rights to nature, critically reviewing the limitations of existing discussions surrounding the rights of nature. In particular, he introduced the 'bundle theory of legal personhood' by Finnish legal philosopher Ville Kurki, analyzing legal personhood as a combination of specific rights and duties, and argued that nature can have certain rights even if it is not a legal person. Based on this, he formulated the thesis of the rights of nature as "Natural entities that lack the capacity for pleasure and pain but have a physical entity or occupy a certain geographical area can have legal rights, including claim-rights." He also argued that in order to advocate for the rights of nature, it is necessary to demonstrate that natural entities have interests and values that deserve special protection corresponding to legal obligations. This presentation provided a fresh perspective by allowing for a more flexible and practical discussion on the rights of nature, moving beyond the framework of 'legal personhood.'

The presentations were followed by a lively panel discussion with experts from the legal and academic fields, who discussed the main issues from various perspectives. Judge Jin-Ha Kim of the Seoul High Court pointed out the possibility that the concept of 'public reason' is biased towards anthropocentric prejudice and emphasized the importance of 'empathy' and 'emotional connection' to overcome the privileged status of the human-centered paradigm of dignity and freedom-based law. Professor Jae-Hong Lee of Ewha Womans University Graduate School of Law suggested an approach that emphasizes 'duty' and 'care' for nature, rather than fitting the rights of nature into the framework of human rights, and emphasized the need for a legal duty and sanction system for this. Professor Du-Hyeon Gong of Seoul National University School of Law pointed out the conditions that make it difficult to realize the 'great law' system through a perfectionist approach to public reason, and argued that the 'principle of liberal harm' should be modified to ensure individual freedom is not restricted unless it harms other beings within the Earth community. Finally, Professor Tae-Hyeon Park of Kangwon National University Graduate School of Law, who is also the president of the Earth Jurisprudence Society, emphasized the need to seek a new order of coexistence between humans and nature by expanding the concept of 'overlapping consensus' by Rawls and re-establishing the relationship between humans and nature horizontally through 'mutual recognition' that recognizes the inherent value of nature. He also emphasized the importance of demonstrating the 'interests' and 'values' that natural entities deserve legal protection.

The final session concluded with Attorney KyeongAe Jo of One Law Partners summarizing the key discussions of the conference. She emphasized the need for a shift in people's awareness for abstract concepts to have meaning in reality and expressed her agreement that this is ultimately a matter of 'emotion'.

This academic conference provided a valuable opportunity to raise awareness of the need for a paradigm shift in the legal system for the harmonious coexistence of nature and humans by exploring the theoretical development and practical applicability of Earth Jurisprudence. The Earth Jurisprudence Society and the Seoul National University Legal Theory Research Center intend to continue research and practice to discover and disseminate legal discourse for a sustainable future.