AR Philosophy > Legal Issues
Philosophical Notes on the Ecocide Act

Philosophical Notes on the Ecocide Act
Part 1
The Epistemological Origin of Ecocide
Jack Ferguson

Critical links are provided.

That which is fully independent of the human mind is real. Ideas are not real. Humans have separated their World of ideas from the ecology of beings through reason. This separation is out of control as manifested in ecocides. The human mammal has the power to decide what can or cannot exists wreaking havoc upon the environment through the power of its inventions, and ethically, what should and should not exists through the power of just laws. Bringing these ideas and their appearances in the form of rationally formed empirical entities into existence is not of the natural order. In spite of Hegel's claim that the rational is real, rational entities are not real for they are dependent upon the human mind even when perceived in space and time, nor is rational necessity anything more than ethical nihilism. Universal being, not universal mind is reality, and the separation of epistemology from ontology ends in ethical cynicism substituting property for being. Moral ideas correspond to a benefitted state of being.

Because something is factually perceived does not make it real. Esse est percipi is false. One may perceive the appearance of a log, that idea only to dissolve into a crocodile being. Taking this one step further, what is perceived and termed a computer exists as a materialized matrix of externalized ideas encased in a blend of concretized ideas of plastic, metal, and glass channeling natural forces into encoded patterns controlled by some form of logic. The difference between a crocodile and a computer is that a computer is an entity or materialized concepts brought into space and time, into existence, through artificial instruments while a crocodile is a natural being brought into being through nature. The computer comes out of ideas that depend upon the human mind, but the crocodile comes out of nature and depends upon nature and not the human mind, provided it stays within nature. There are no computer beings or computer realities. This is confusion in the human being with its artificial creations; projecting the idea of existence upon its creations, it confuses them with realities. The computer is an artifact traceable back to the mental patterns of man while the crocodile is entirely independent of human mental patterns traceable to patterns within nature controlled by natural law. The computer is invented, but the crocodile is generated and sometimes encountered, and it can never be a materialized idea such as a computer or a plastic, virtual crocodile "being." A crocodile being has an essence while a computer has a human purpose serving human interests.

To distinguish the human invention from the natural order, computers exist and crocodiles are. If computers were naturally born, they would no longer exist for they would be another natural being. Take away the mind, no more computers. The matrix of our externalized ideas is termed the World. Our World is an interconnected matrix of logically connected synthetic a priori ideas while the Earth is an interconnected, evolving ecology of beings. This division of the World and Earth refutes Hume's epistemology for Hume held that the relationship of ideas and matters of fact are completely separate; however, a factual matrix of virtual (empirical ideas) and matters of fact is just another inseparable part of our World. The Boolean logic of wiring a positive into a negative results in a physical contradiction or a short. This empirical logic of the World causally structures physical ideas into economics, transportation, military operations, and so on. Empirical contradictions such as driving the wrong way, speeding, moving out of shipping lanes, etc. when under strict logic, result in certain crashes. Kant's synthetic a priori knowledge is the epistemology of the World making it virtual and simulated. Confusing simulated entities with real beings and their relationships termed ecology, the World is now in the process of transforming and consuming the Earth and the web of being which it falsely believes is a tangible idea termed property. However, the Earth cannot be logically nor rationally deducted nor causally controlled through Boolean logic without destroying the biosphere that is a relationship of beings or realities that stands independent of the human mind and upon which the human mind connects through the human being to the amoral community of beings trying to survive the human onset. For example:

The World causally harms beings with its rational projects for beings are interconnected ecologically, not rationally. These projects are not caused by a habit or conditioned response, but chosen forms, hence ethical. As with all ideas, they are owned by the human minds that generated them. Owned property is made visible with fences, walls, borders, signs, deeds, documents, marks, roads, and so forth, and the materialized idea expands into laws, values, commodities, rights and so on. This conclusion that the World owns the Earth has horrific consequences termed ecocide. It is a fundamental breach of reality to claim ideas are the cause of being. The idea of a child does not cause a child to come into being else there would be no barren relationships. The idea of a dollar can instrumentally come into existence through the World's matrix such as mints, banks, labor, laws, presses, etc.

There are conflicting visions behind our activities, but morally myopic in our interests, fixations and pursuits; our species lacks moral foresight as to the consequences.

The Millennium Project by the American Council for the United Nations University created a Global Lookout Panel to identify reasons for success or failure of individuals and organisations to heed the warnings provided by a range of foresight research. Foresight is a critical moral component: In addition to the top ten factors highlighted before, the Global Lookout Panel also identified ‘moral impediments' to foresight that include:
1.Insufficient attention to the needs of future generations.
2.Caring about the wellbeing of only one's own group or nation.
3.Corruption of leaders and policy makers.
4.Greed and self-centredness.
5.Lack of a holistic view of the world.
6.Lack of respect for the environment .  · (Glenn et al. 2001, p.179). Moral_Impediments.html

20/20 hindsight is a common disease of ignorance, negligence, stupidity, folly, greed, fixations, obsessions, etc. ending in destruction, suffering and regret as in WWI and WWII; the cure is ethical foresight. Foresight as to the consequences of our behavior helps avoid unnecessary disasters and controls the chosen future rather than following some road to hell concocted by a few delirious men drunk with power. In the World, there is no tolerance for negligent accidents because ignorance, negligence, etc. are recognized and corrected through knowledge.

Individuals design instruments for their individual or communal purposes and interests. Those innumerable instruments include entities ranging from countries, corporations, economies, stock markets, medicines, theme parks, food fillers, cars, ivory ornaments, computers, weapons and, most importantly, enforced just laws. Just laws deal with logical and ontological necessity or the negative Principle of Unnecessary Harm and its opposite side, the positive Principle of Necessary Benefit. These principles are universal and the basis of ethical and just laws grounded within ontological necessity or needs common to all beings. They are grounded in being, not ideas, attitudes, beliefs, cultures, consciousness, perception, and so on. Harming or benefitting the being that has a culture, consciousness, belief, idea, etc. affects these attributes. The attributes cannot experience pain or benefit, only the underlying being. Property feels nothings.

· The Principle of Necessary Benefit is the intentional, necessary benefit given to innocent beings.
· The Principle of Unnecessary Harm is the intentional, unnecessary harm given to innocent beings.

These principles are ontologically grounded: Paradigmatic_Realism_s_Ontology_for_Animal_and_Environmental_Ethics

The ethical choice is the application of these principles to entities injected into the amoral ecology of beings. The choice to benefit a business entity, a legal fiction, over universal being is inherently immoral because it is anti-universal; for it does not benefit all beings and possibly harms them unnecessarily through trail-and-error; therein gambling with lives and haphazard experimentations such as bioweapons:

"Vigorous, well-planned, large-scale [biological warfare] test, with results to the secretary of defense. Steps should be taken to make certain adequate facilities are available, including those at Fort Detrick, Dugway Proving Ground, Fort Terry (Plum Island) and an island field testing area." In November 1957, the Joint Chiefs also advised that "'research on anti-animal agent-munition combinations should continue, as well as field testing of anti-food agent munition combinations'"

What safety guarantees are possible? Why is this necessary? Who benefits? Benefitting a business or a project is in fact benefitting the holder's activities. Special interest laws are not just laws for they are not universal but tailored out of favoritism and promote elitism; they usually end in harming innocent outsiders:

Congressional budget welcomes big bank bailouts once more despite White House opposition Small budget provision, which repeals part of Dodd-Frank, allows banks to back their riskiest activities with the savings accounts of regular Americans Congress has agreed to use federal deposit insurance, which was designed to protect the savings accounts of consumers, to cover risky trading by the nation's biggest banks. The Guardian, Heidi Moore in New York Wednesday 10 December 2014 14.17 EST

Although animals are beings, and being is fully independent of the mind and cannot be an idea such as property, animal still have no rights under human property hallucinations. The hallucination is too powerful. Humans fight wars over these legal fictions and theoretical economics.

The chasm between animal and human rights becomes much clearer in the following case: … the state's Supreme Court Appellate Division declined on Thursday to extend Habeas Corpus to Tommy [the chimp], on the grounds of the social contract: no historical connection and animals cannot bear legal duties or societal (human) responsibilities. In short, chimps are not human beings. Ref: The limited rights of Tommy the Chimp 9 December 2014 Posted by: Chris Magee

In the World or the zone of man, space and time zones are brought under mathematical logic according to agreements, customs or conventions, but these are products of behavior, associations, beliefs, and do not constitute reality. They are made factual by choice, not nature. However, under natural necessity, one has no choice in the event. One has to breathe, eat, etc. and adhere to natural laws. When events are imposed by human activities, they are artificial and unnecessary until proven with inductive science to be necessary, therefore beneficial in fulfill universal needs. Rational necessity is ethical only when it corresponds to ontological necessity. Artificial interventions and the manipulation of natural forces for purposes of benefit or harm are fundamentally ethical choices. Laws can control evil behaviors and protect good behaviors when they are disconnected from powerful elites and lobbies who plan and control environmental destruction and distribute the products derived from these actualities with open and hostile disregard.

Securitizing fuel, food, water and the global financial system would drastically improve the global climate and biodiversity of which humanity is having "disastrous consequences". And by 2050, the UN and the global Elite desire to have complete authority of all resources and control how those resources are doled out to the entire human population.

For example, according to a 2013 report by Food and Water Watch (FWW), "Monsanto's day-to-day operations have wreaked havoc on the environment and public health." Video: The World According to Monsanto by Marie-Monique Robin - ARTE - March 2008 These environments were once controlled by natural laws, then "owned" by the State, then transferred to the states, but now increasingly controlled by businesses and other legal fictions:

… Greenpeace waded in with a report on the role of Amazon beef in deforestation… linking beef and leather from the Amazon to companies such as Adidas, Nike, Toyota, Gucci and Kraft. Many have since agreed to work with Greenpeace against illegal deforestation. And Wal-Mart has promised to trace its products from the manger to the refrigerator. Page 1 of 2 Not a small problem | The Economist 2/7/2013 ...

In Alaska, With the purchase of Alaska, the United States added 586,412 square mile…[375,303,680 acres] 92,000,000 to the state:
the Alaska Constitution, State laws, and the Alaska Legislature all direct the Department of Natural Resources (DNR) to sell state land for settlement and private ownership. Article VIII of the Alaska Constitution states "It is the policy of the State to encourage the settlement of its land and development of its resources by making them available for maximum use consistent with the public interest."
Why? Why not? This fantasy is destroying the biosphere.

The idea of real property originates in territoriality. The idea of real property is unregulated gibberish for there is no ontological correspondence, but a fantasy propelled by the possibility of joining property elites. A vintage plot: One MILLION acre estate perfect for wine making goes on sale By Daily Mail Reporter Updated: 03:38 EST, 18 July 2011 ( The World's 15 Biggest Landowners Thornton McEnery Mar. 18, 2011, 11:27 AM The world's total land mass consists of 36.8 billion acres of inhabitable land. An incredible 21 percent of this land is owned by a short list of landowners, according to The New Statesman.

It is clear that property is an idea and not a reality beyond the mind, yet the mind has a trick termed reason. Kant explained the origins are noumenal, not ontological as this paper maintains. For Kant, things (beings, ecologies, etc.) are neither an a priori category nor independent of the mind but mere empirical phenomena or appearances caused by noumena. Kant turns to practical reason. According to Kant, the concept of ownership must be extended to include "rational possession that is perceivable only by the intellect" and from the Juridical Postulate of Practical Reason, that any external thing may become mine. Furthermore, the possibility of possession is a deduction that anything external and useable can become one's property. One can be in physical or empirical possession of the thing, but if not in physical possession, then one can own it through rational possession. Rational, judicial ownership is therefore noumenal ownership giving one rights over the property without physically being there, dividing or disposing of it (an empirical appearance) as one pleases. This necessitates a community of rational persons and a court of reason, a legislature and judiciary guaranteeing one's rights. Philosophy of Law and Jurisprudence, Mortimer Adler & Peter Wolff, Encyclopedia Britannica, Inc. 1961, p. 117ff. Kant's epistemology accounts for the World, but not the Earth or beings that are independent of man's mind, intellect and reason.

Although a legal fiction, personal/territorial property are both ethical until they shift into incomprehensible abstractions and aggressively violating the World/Earth boundary displacing indigenous people and destroying ecologies. Entire ecosystems have been claimed, and then sold off according to imaginary lines in the sand, air and water. Other than claims of territory by war, the State emerges based upon its false claim of ownership of mapped, vacant land, and the ecologies within the legal grid dissolves into private property and the Earth's biosphere into commodities. From the emergence of societies through the present, State land grabs and sales began to fracture ecologies into private estates where industrial and individual activities "rationally" destroy them.

Major plantation holders in Sumatra:

· "Island of Yesterday" 1920 Goodyear Rubber Plantations in the Dutch East Indies

· December 2013, Wilmar had approximately 241,048 hectares (ha) of planted area of which about 71% is located in Indonesia, 24% in East Malaysia and 5% in Africa. (241,000 he=595,523 acres=930 sq. miles)

· Major Players in Palm Oil Plantations Indonesian Commercial Newsletter, 2009.

Deep Ecology theories have gone wrong in the extreme reaction to perceived centuries of human exploitation of nature and the dominance of rationalist thought. The primacy of intuitive thought means that it lacks the self-analysis that normally acts as a safety a check to prevent straying onto moral thin ice. S/R 32: Ecofascism & Deep Ecology (Kev Smith)

On the contrary, the ice has long been broken. The World, the matrix of practical reason, rationally destroys the Earth. It logically separates, depletes, pollutes, and calculates its demise. The rational electric grid seen at night from space is staggering in the enormity of destruction: Water systems are dammed for their electricity and the water sold for agriculture destroying the ecologies of those systems.

The exact number of dams is not known. There are approximately 75,000 dams in the US Army Corps of Engineers' (Corps) National Inventory of Dams (NID), which is the most comprehensive inventory of dams nationwide.

- Worldwide, the agricultural sector is the largest consumer of freshwater, accounting for some 70% of all water withdrawals. WWF Global dams_initiative/dams/agriculture/

Instead of Earth and its communities of animals and vegetables, in the World's confusion of rational ideas with concrete beings and its haste in exploitation, these beings and their ecologies and the biosphere itself are degraded into real property by State sanctioned lobbies.

The statement "property is theft" is one of anarchism's most famous sayings. Indeed, it is no exaggeration to say that anyone who rejects this statement is not an anarchist….it recognizes the fact that the earth and its resources, the common inheritance of all, have been monopolized by a few. An Anarchist FAQ Webpage Version 13.4 -- 21-JAN-2010

Partially agreeing with this, it is self-evident that the Earth, (Sun, Moon, Mars, etc.) does not belong to he human mammal. It cannot be bought or sold, only destroyed or benefitted. We act out our delusions, fixations, distortions and property psychoses upon it. It simply cannot "belong." We belong to it; it generated us and stands independent of us and gives us life. Indigenous peoples know this: How Can You Buy or Sell the Earth? Chief Sealth's (Seattle's) reply to President Franklin Pierce. (Summary by James R. Martin, Ph.D., CMA Professor Emeritus, University of South Florida The Earth has a higher reality than the billions of human mammals that currently infest it for they are dependent upon it. It is real, and its reality enables our self-absorbed world to exist, yet we destroy it. Like the rock band on stage that breaks its instruments that enable it, in a fit, it fights and defecates on the set, so too, elements within our species act out similar fantasies, tantrums and deliriums on the natural stage:

Thirty years ago the world's third- and sixth-largest islands were full of tigers, elephants, rhinos, orangutan and exotic birds and plants but in a frenzy of development they have been trashed in a single generation by global agribusiness and pulp and paper industries. Guardian Global Development ‘The Sumatran rainforest will mostly disappear within 20 years'

The only dictum left is to leave it alone; do not interfere with it, and protect what is left of it with pro-ecocide laws, staggering law suits, and lethal force.

The perceptual separation of the Earth from the World emerges from the idea of property. The Earth is perceptually separated from the World by the contrasting patterns of economic development and ecological destruction. A contradiction is forming between artificial economic and natural ecological systems. The idea of property is a legal fiction originating in the epistemology of the subject/object paradigm. The Earth is "owned" by competing human mammal tribes, governments or commercial groups. Once the fiction of the alienation of real property is projected upon the Earth, and once real property is reified and believed a reality, State property is divided and sold according to legal rules that are oblivious to natural systems, and any violation of these rules is considered a property crime or cause. Ownership is determined by paper trails and legal evidence such as surveys, deed, claims, etc., and without these conceptual instruments, social anarchy prevails with overpopulation, diminished resources, wars, pollution, infections, starvation, etc. Ownership is the mental projection of mine or ours and its mental objects are possessions. The mine/yours confrontation is resolved legally. Paper rights emerge from this epistemological paradigm. The legal fiction of property is here to stay and it must be dealt with legally until the imperative to let the remaining Earth alone is universally legalized. Trespassing is grounded in territoriality, and we intuitively grasp that it a threat and rationally grasp that it is crime.

Within the idea of property, conflicting political and economic eco-ideologies are emerging:

· Eco-socialism Eco-socialism, green socialism or socialist ecology is an ideology merging aspects of Marxism, socialism, and/or libertarian socialism with that of green politics, ecology and alter-globalization. Eco-socialists generally believe that the expansion of the capitalist system is the cause of social exclusion, poverty, war and environmental degradation through globalization and imperialism, under the supervision of repressive states and transnational structures. [1][page needed]

· Eco-capitalism… is the view that capital exists in nature as "natural capital" (ecosystems that have ecological yield) on which all wealth depends, and therefore, market-based government policy instruments (such as cap and trade systems) should be used to resolve environmental problems.

· Eco-fascism Environmental historian Michael E. Zimmerman defines "ecofascism" as "a totalitarian government that requires individuals to sacrifice their interests to the well-being and glory of the "land", understood as the splendid web of life, or the organic whole of nature, including peoples and their states"

· Anti-wilderness. The Sagebrush Rebellion (1970s-1980s) and Wise Use (1990s-present) movements. Not denialist per se, these were movements to oppose federal wilderness designation and National Park expansion, and calling for existing public lands to be opened up to logging, mining, ranching, off road vehicles and oil drilling. Especially popular in western U.S. states, like Alaska during the height of local opposition to the Alaska National Interest Lands Conservation Act; ….

Fair Use Notice and Disclaimer
Send questions or comments about this web site to Ann Berlin, [email protected]