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This fact indicates to us that something is not in order and also indicates that environmental regulation is failed (Laitos and Okulski 2017; Fodor 2003). But what are
the causes of the failure? According to the literature, there are many causes, on different levels: technical, ethical, legal, ontological. Technically the crisis is because
of economic growth, or overconsumption (Borgman 1984). But besides this technical problem a lot of authors emphasize the ethical root of the problem as well. From
an ethical perspective the main cause of the crisis is that anthropocentric worldview
that distinguishes humans from the natural environment (duality) and supports the
idea that humans can rule over it (domination). But mainly the deepest root is ontological, namely we do not know who we are. This perspective is represented not
only by spiritual leaders, but it has a growing base in the philosophical and economic literature as well (Bányai 2019).
2 Legal Reasons Behind the Crisis
The crisis also has legal reasons. Besides inconsistency within the goals of legal
regulation and its inflexibility to comply with anything to ensure ecological sustainability (Westerlund 2008), the ecological problem occurs mainly because man- made
law is not consistent with the fundamental laws and principles that govern how the
Universe functions (Cullinan 2011). In order to restore the harmony and health in
both society and nature, human-made law should find, reconnect, and represent the
fundamental truths of higher laws (Burdon 2015; Bosselmann 1995, 2013; Cullinan
2011; Laitos and Okulski 2017; Bányai 2019). However, the positivist approach to
law denies everything higher than positive law, however the fact of the environmental crisis questions this attitude. This is because man-made legal systems fit in the
whole ecosystem as dying organs. The legal environment is so misshapen and
unhealthy, that it in itself blocks the overall and deep changes in our society which
would be needed to adapt to ecological boundaries. If we want to heal the legal
regime, by the acceptance of higher rules, it should be reconnected to the whole
ecosystem. However, the question immediately arises as to what these higher rules/
laws are? Firstly, the main contemporary and traditional theories will be presented
below with regards to this question. Secondly, by highlighting the incoherency of
these theories as a whole, a possible integrated solution will be recommended.
2.1 Eternal, Universal Laws: Contemporary Standpoints
In regard to the content of higher rules in the modern environmental law literature,
there are different viewpoints. For example Cormac Cullinan in the ‘Wild law’
describes them as “laws or principles that govern how the universe functions”. He
noted that they are “timeless and unified in the sense that they all have the same
source.” It can be witnessed in the “phenomenon of gravity,” “the alignment of the
planets […]” (Cullinan 2003, p. 84). Peter Burdon provides more information in
O. Bányai
This fact indicates to us that something is not in order and also indicates that environmental regulation is failed (Laitos and Okulski 2017; Fodor 2003). But what are
the causes of the failure? According to the literature, there are many causes, on different levels: technical, ethical, legal, ontological. Technically the crisis is because
of economic growth, or overconsumption (Borgman 1984). But besides this technical problem a lot of authors emphasize the ethical root of the problem as well. From
an ethical perspective the main cause of the crisis is that anthropocentric worldview
that distinguishes humans from the natural environment (duality) and supports the
idea that humans can rule over it (domination). But mainly the deepest root is ontological, namely we do not know who we are. This perspective is represented not
only by spiritual leaders, but it has a growing base in the philosophical and economic literature as well (Bányai 2019).
2 Legal Reasons Behind the Crisis
The crisis also has legal reasons. Besides inconsistency within the goals of legal
regulation and its inflexibility to comply with anything to ensure ecological sustainability (Westerlund 2008), the ecological problem occurs mainly because man- made
law is not consistent with the fundamental laws and principles that govern how the
Universe functions (Cullinan 2011). In order to restore the harmony and health in
both society and nature, human-made law should find, reconnect, and represent the
fundamental truths of higher laws (Burdon 2015; Bosselmann 1995, 2013; Cullinan
2011; Laitos and Okulski 2017; Bányai 2019). However, the positivist approach to
law denies everything higher than positive law, however the fact of the environmental crisis questions this attitude. This is because man-made legal systems fit in the
whole ecosystem as dying organs. The legal environment is so misshapen and
unhealthy, that it in itself blocks the overall and deep changes in our society which
would be needed to adapt to ecological boundaries. If we want to heal the legal
regime, by the acceptance of higher rules, it should be reconnected to the whole
ecosystem. However, the question immediately arises as to what these higher rules/
laws are? Firstly, the main contemporary and traditional theories will be presented
below with regards to this question. Secondly, by highlighting the incoherency of
these theories as a whole, a possible integrated solution will be recommended.
2.1 Eternal, Universal Laws: Contemporary Standpoints
In regard to the content of higher rules in the modern environmental law literature,
there are different viewpoints. For example Cormac Cullinan in the ‘Wild law’
describes them as “laws or principles that govern how the universe functions”. He
noted that they are “timeless and unified in the sense that they all have the same
source.” It can be witnessed in the “phenomenon of gravity,” “the alignment of the
planets […]” (Cullinan 2003, p. 84). Peter Burdon provides more information in
O. Bányai