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Executive Summary
This white paper argues that our present civilization is structurally predicated on incoherent jurisprudence — legal systems that are procedurally sophisticated yet substantively incapable of safeguarding the universal conditions of life. While law has long served as the architecture of social order, stabilizing exchange, authority, and governance, its historical trajectory reveals a recurring pattern: legal doctrines elevate property, contract, and sovereignty above the necessities of life itself. The result is a civilization organized around contradictions — rights without responsibilities, growth without ecological limit, and justice as rhetoric without systemic design.
The analysis begins with the ancient foundations of law in Mesopotamian codes, Hebrew covenantal orders, and Greek nomos, each seeking to bind human behavior to cosmic or rational order but embedding stratifications that normalized exclusion. Roman law universalized form while legitimizing conquest. Medieval scholastic and Islamic jurisprudence articulated purposive principles of justice but were bound to theocratic or imperial structures. Indigenous traditions embodied a more coherent jurisprudence — relational, ecological, and restorative — yet were marginalized under colonization.
The modern era of codification and positivism further entrenched incoherence. Enlightenment social contracts and early rights discourse promised liberty but excluded women, enslaved persons, and colonized populations. Nineteenth- and twentieth-century legal positivism (Bentham, Austin, Kelsen) severed law from morality, institutionalizing legality without legitimacy. Corporate personhood, limited liability, and global investor protections gave legal standing to capital while ecosystems, future generations, and marginalized communities remained legally invisible.
Post-1945 legal architectures — the UN Charter, Universal Declaration of Human Rights, environmental treaties — expanded universal aspirations but faltered in enforcement, enabling systemic contradictions between stated commitments and operative realities. Globalization accelerated these incoherences: trade and investment treaties constitutionalized capital flows; law & economics reduced justice to efficiency; and platform governance privatized constitutional functions. Today, the polycrisis — climate breakdown, ecological collapse, systemic inequality — exposes law’s life-blind foundations with unprecedented clarity.
This white paper diagnoses five recurrent patterns of incoherence:
- Property primacy over life primacy
- Sovereignty without stewardship
- Proceduralism over purpose
- Coloniality of law
- Commodification of meaning
To overcome these structural failures, the paper proposes a re-grounding of jurisprudence in a life-coherence framework. This requires establishing the Life-Value Axiom — no law is legitimate that systemically undermines universal life necessities (air, water, food, shelter, care, meaning, a stable climate). Building from this axiom, the paper develops four pillars of a coherent jurisprudence:
- First Principles: grounding law in life-value, holarchic responsibility, planetary boundaries, and intergenerational equity.
- Institutional Redesign: embedding planetary coherence in constitutions, reforming trade and finance law, redefining corporate fiduciary duty, and embracing legal pluralism.
- Doctrinal Tools: adopting substantive coherence tests, criminalizing ecocide, expanding restorative/regenerative remedies, and instituting algorithmic due process.
- Transition Pathways: strategic litigation, constitutional reform, coherence-based public accounts, and legal education for planetary stewardship.
The conclusion issues a call to the legal profession: lawyers, judges, and policymakers must reclaim jurisprudence’s purpose as the grammar of coherence itself. Without such re-grounding, law risks accelerating the very collapse it was meant to prevent. With it, jurisprudence can become the architecture of civilizational renewal — guarding not only order but the living order on which justice and society depend.
