ABSTRACT

Ecological law aims to support a transition from current ecologically unsustainable and inequitable societies to ones that are ecologically just, for humans and other species, today and into the future. This chapter considers whether a needs-based constraints approach should be adopted for ecological law to meet its objectives, and what such an approach might entail. First, it shows that ecological law theory supports constraining human activities not only within ecological limits, but also within the bounds of human needs. Second, it briefly considers conceptualizations of needs that could inform the fuller theorization of an ecological law needs-based constraints approach. Third, the chapter notes examples of how needs are treated in existing laws, including instances where they are the basis for constraining behavior. Finally, it discusses how needs-based constraints could be articulated in affluent societies. Constraining economic behavior based on human needs will be an important part of the transition from current law (environmental and other) to ecological law, and from accumulation to sufficiency.