By Nicole Graham
"A GlassHouse book." creation -- Conceptual origins -- fabric origins : state -- fabric origins : empire -- Conceptual advancements -- Placelessness in modern practices -- Epilogue : putting estate
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Legal positivism claims that law is a science, devised methodically and practised clinically. This philosophy of law considers the influence of the social sphere remote, inappropriate and unnecessary to the operation of law and the influence of the non-human world even more so. Accounts of place, land and the natural world are irrelevant to legal positivism except as the concealed ground from which law asserts its authority and force. The anthropocentrism of legal positivism is expressed by its refusal to admit material aspects of dispute, both cultural and natural or environmental, except passively, as evidence.
Harvey argues however that the nature/culture paradigm and its subsequent domination of nature: never deliberately embraced the destruction and despoliation of the natural world . . If destruction and depletion could be found, then it was a sign of such immense abundance that it did not matter. When it mattered, the price system would adjust to indicate a condition of scarcity that required attention. 3 Cultivation: nexus and nascence of nature/culture Culture is a positive concept of activity.
The conceptual division of the world into the categories of nature and culture is vital to the discourse of method. Francis Bacon’s epistemology posits ‘a violent shift in perspective’ (Berman, cited in Hay 2002: 123): rejecting knowledge ‘received’ through faith in favour of ‘active’ scientific inquiry. He argues in The New Atlantis (1626) that the purpose of philosophy and more broadly of human society is the acquisition of ‘the Knowledge of Causes, and Secrett Motions of Things; and the Enlarging of the bounds of the Humane Empire, to the Effecting of all Things possible’ (Bacon 1990: 34–35).