149
connection to what universal law means. According to him universal principles
(called Great Jurisprudence or Great Law) that have to be obeyed by human law
can be known from the science of ecology and measured with respect to concepts
such as ecological integrity (Burdon 2013, p. 86) But the most elaborated answer
comes from Jan Laitos and Juliana Okulski. In their book the symmetry is that universal principle that has to be followed by positive law. Symmetry means “change
without change” and it contains three further principles such as conservation, equivalence, and unification (Laitos and Okulski 2017).
The common feature of these standpoints is that they try to understand universal
laws with the help of science. Also another common characteristic of the previously
mentioned positions is that all of them have an immanent approach.
1
Finally and
most obviously the latest common element of these viewpoints is that all of them
acknowledge the existence of a higher order, to which man-made law has to obey.
Such duality of human law and higher rules is a tradition in both western and
eastern law and legal theory as well. For instance, between the above viewpoints of
modern environmental laws scholars and natural law there is an inevitable similarity. This is recognized also by Peter Burdon, who tries to distinguish the Great
Jurisprudence from Natural law (Burdon 2011a). In the theories of modern natural
law proponents (e.g. John Finnis, Robert P. George) the focus is mainly on human
reason
2
(Lloyd 2016). Nevertheless, Burdon states that the focus of the Great
Jurisprudence is not on human reason as we can see in rationalist natural law
approach, but on the principle of human-Earth community, supported with scientific
evidence (Burdon 2011). This is so because ‘certainly, scientific principles such as
the concept of Earth community are much better suited to shaping human law than
non-verifiable appeals to human reason as promoted in Natural Law’ (Burdon
2011, p. 149). Thus on the content of the Great Law the science provides approximate descriptions that are interpreted and applied by human lawmakers. Furthermore,
in contrast to Natural Law, the Great Law is concerned with the physical environment; therefore its perspective is eco-centric not anthropocentric.
2.2 Eternal, Universal Laws: Traditional Standpoints
At this point we should turn back to the question as to what constitutes higher laws
to which man-made law should obey? Traditional natural law theorists, in contrast
to contemporary natural law philosophers, had completely different standpoints in
this regard. For example, in the philosophy of Plato above human law ideal law
exists. That is transcendental, which is beyond the rationally discernible. Only in a
state of religious ecstasy can it be glimpsed by a few who have been selected by
1 The term immanent is used here in the sense as within the space-time continuum. The meaning of
this will be clearer later in this chapter.
2 Note that natural law theorists recently show openness to exploring the role of the virtues and the
emotions beside reason.
Quantum Mechanics and Law: What Does Quantum Mechanics Teach Us?
connection to what universal law means. According to him universal principles
(called Great Jurisprudence or Great Law) that have to be obeyed by human law
can be known from the science of ecology and measured with respect to concepts
such as ecological integrity (Burdon 2013, p. 86) But the most elaborated answer
comes from Jan Laitos and Juliana Okulski. In their book the symmetry is that universal principle that has to be followed by positive law. Symmetry means “change
without change” and it contains three further principles such as conservation, equivalence, and unification (Laitos and Okulski 2017).
The common feature of these standpoints is that they try to understand universal
laws with the help of science. Also another common characteristic of the previously
mentioned positions is that all of them have an immanent approach.
1
Finally and
most obviously the latest common element of these viewpoints is that all of them
acknowledge the existence of a higher order, to which man-made law has to obey.
Such duality of human law and higher rules is a tradition in both western and
eastern law and legal theory as well. For instance, between the above viewpoints of
modern environmental laws scholars and natural law there is an inevitable similarity. This is recognized also by Peter Burdon, who tries to distinguish the Great
Jurisprudence from Natural law (Burdon 2011a). In the theories of modern natural
law proponents (e.g. John Finnis, Robert P. George) the focus is mainly on human
reason
2
(Lloyd 2016). Nevertheless, Burdon states that the focus of the Great
Jurisprudence is not on human reason as we can see in rationalist natural law
approach, but on the principle of human-Earth community, supported with scientific
evidence (Burdon 2011). This is so because ‘certainly, scientific principles such as
the concept of Earth community are much better suited to shaping human law than
non-verifiable appeals to human reason as promoted in Natural Law’ (Burdon
2011, p. 149). Thus on the content of the Great Law the science provides approximate descriptions that are interpreted and applied by human lawmakers. Furthermore,
in contrast to Natural Law, the Great Law is concerned with the physical environment; therefore its perspective is eco-centric not anthropocentric.
2.2 Eternal, Universal Laws: Traditional Standpoints
At this point we should turn back to the question as to what constitutes higher laws
to which man-made law should obey? Traditional natural law theorists, in contrast
to contemporary natural law philosophers, had completely different standpoints in
this regard. For example, in the philosophy of Plato above human law ideal law
exists. That is transcendental, which is beyond the rationally discernible. Only in a
state of religious ecstasy can it be glimpsed by a few who have been selected by
1 The term immanent is used here in the sense as within the space-time continuum. The meaning of
this will be clearer later in this chapter.
2 Note that natural law theorists recently show openness to exploring the role of the virtues and the
emotions beside reason.
Quantum Mechanics and Law: What Does Quantum Mechanics Teach Us?