Natural Law of Chesed
Indigenous Judaism
The Chesed Torah acknowledges the Indigenous roots of Jewish life. The Torah commands communion with the spirits of nature and acknowledges that the light of HaShem is alive in all beings.
The First Law of Chesed
Indigenous Peoples associate their own laws with the laws of the natural world, which are formally known as or translated as Natural or First Law.
As Indigenous Peoples, the Tribes of Israel follow the Natural law of Chesed refers to a system of moral and ethical principles that are believed to be inherent in nature or the universe, rather than being created by human beings. Natural law holds that certain fundamental rights, values, and principles are universally applicable and can be discovered through reason and observation of the natural world. Natural law is often contrasted with positive law, which refers to man-made laws and legal systems.
The idea that a feature of nature, like a river, is a living being is nothing new to Indigenous and other traditional peoples around the world. While the Western philosophical system is underpinned by the idea that humans are separate from nature and in dominion over it, Indigenous philosophical systems tend to conceive of humans as a part of nature, and in relationship with nature.
In philosophy, natural law has been a topic of debate for centuries. Some thinkers, such as Thomas Aquinas, argue that natural law is derived from divine law and can be known through reason and revelation. Others, such as John Locke, argue that natural law is based on the principles of individual rights and self-preservation. In political theory, natural law has been used to argue for certain political and social systems, such as democracy, human rights, and environmental protection.
The Universal Law of Chesed
The Law of Chesed teaches that without clean air, clean water, and healthy soil there can be no life.
These laws come from the Creator and the Land through our ancestral stories and therefore, they are sacred. All aspects of life and existence depend on living and following these natural First Laws. Since colonization, Indigenous Peoplesβ Natural Laws have been forcibly replaced by modern-day laws that do not take into account the sacred relationship between the Earth and all of her inhabitants. The force of societies that live outside of Natural Law has ensured the modern-day consequences of not living in balance with nature. Pandemics and global environmental change, including climate change, are all consequences of not following the Natural Laws that are encapsulated by the interconnected nature of the universe. Here we discuss Natural Law from an Indigenous paradigm and worldview which carries implications for planetary health and wider environmental movements around the globe.
Torah Rights of Nature
The Torah of Chesed commands the Tribes of Israel to protect nature.
These laws come from the Creator and the Land through our ancestral stories and therefore, they are sacred. All aspects of life and existence depend on living and following these natural First Laws. Since colonization, Indigenous Peoplesβ Natural Laws have been forcibly replaced by modern-day laws that do not take into account the sacred relationship between the Earth and all of her inhabitants. The force of societies who live outside of Natural Law has ensured the modern-day consequences of not living in balance with nature. Pandemics and global environmental change, including climate change, are all consequences of not following the Natural Laws that are encapsulated by the interconnected nature of the universe. Here we discuss Natural Law from an Indigenous paradigm and worldview which carries implications for planetary health and wider environmental movements around the globe.
The βTorah Rights of Natureβ advocates for ecosystems such as rivers, lakes, and mountains to bear legal rights in the same, or at least a similar, manner as human beings.
Nature is Above Human Courts and Systems of Law
Rights of Nature is a growing global movement to transform Indigenous values into enforceable laws that can protect the planet for all life. Indigenous environmental leaders across the world are sharing their approaches to adopting the Rights of Nature into tribal governance for protecting Mother Earth and Indigenous rights.
The Torah Right to a Healthy Environment
Chesed Torah commands legal rights for nature could protect natural systems from destruction.
Chesed Torah commands environmental devastation in the pursuit of endless financial profit is a moral wrong and must be stopped.
A person or other entity has a right if and only if they are capable of having rights, and some aspect of their interest or well-being is βa sufficient reason for holding some other person(s) to be under a dutyβ. Nature clearly has legal rightsβand does so in jurisdictions that have recognized, granted, or enacted them. Legally recognized rights of nature have stemmed from sources including constitutions, laws, and court decisions.
The granting of legal rights to nonhumans is not in itself revolutionary or even unusual. Although moral considerations often influence the development of legal rights (and vice versa), legal rights need not have a moral basis. The law can give rights to all kinds of entities if it finds reason to do so. Corporations, trade unions, and states are all nonhuman entities that have rights and duties under the law. They have rights to litigate if they are injured and duties not to violate the rights of others. The legal system has no difficulty adjudicating nonhuman rights.
Rights of nature may offer benefits lacking in other types of legal protection for the environment. For example, human rights to a healthy environment would not protect species whose existence may conflict with human activities. Conservation laws such as the Endangered Species Act can protect species but do not give them a right to exist. This protection can therefore be removed at the whim of the legislature. If instead species rights were recognized, species or their representatives could seek restitution when harmed even when they are not explicitly protected by regulations and when their needs conflict with human needs. This may be interpreted as an attempt by one interest group to impose its will on others; however, as with other types of rights, nature rights can lead to a remedy when regulations fail to correct injustices.
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