Environmental Personhood: New Trajectories in Law

Environmental Personhood: New Trajectories in Law

2024 | Francine Rochford
Environmental personhood refers to the legal recognition of nature, or parts of it, as having juristic personhood. This concept is increasingly being adopted in various countries, including New Zealand, India, Ecuador, the United States, and Australia. The book explores the idea of legal personhood and its implications for environmental protection, examining how it can be a useful or limited solution to modern environmental challenges. It analyzes the historical and current positions on the juristic concept of legal personhood, and considers the attempts in several countries to grant personhood to rivers, river basins, and ecosystems. The book compares approaches in different jurisdictions, discussing the methods used, the aims, enforcement mechanisms, and the extent of legal protections. It also addresses the challenges of enforcing legal rights in non-human entities with unclear boundaries and the difficulties of asserting legal rights and duties on their own behalf. The book argues that while granting personhood to the environment can be an important contribution to environmental sustainability, it is not a complete solution. It also highlights the complex relationship between the historically anthropocentric idea of personhood and its extension beyond the human. The book is accessible to scholars, students, and others interested in environmental law, environmental science, public policy, and ecology. It is part of the New Trajectories in Law series, edited by Adam Gearey, Prabha Kotiswaran, Colin Perrin, and Mariana Valverde.Environmental personhood refers to the legal recognition of nature, or parts of it, as having juristic personhood. This concept is increasingly being adopted in various countries, including New Zealand, India, Ecuador, the United States, and Australia. The book explores the idea of legal personhood and its implications for environmental protection, examining how it can be a useful or limited solution to modern environmental challenges. It analyzes the historical and current positions on the juristic concept of legal personhood, and considers the attempts in several countries to grant personhood to rivers, river basins, and ecosystems. The book compares approaches in different jurisdictions, discussing the methods used, the aims, enforcement mechanisms, and the extent of legal protections. It also addresses the challenges of enforcing legal rights in non-human entities with unclear boundaries and the difficulties of asserting legal rights and duties on their own behalf. The book argues that while granting personhood to the environment can be an important contribution to environmental sustainability, it is not a complete solution. It also highlights the complex relationship between the historically anthropocentric idea of personhood and its extension beyond the human. The book is accessible to scholars, students, and others interested in environmental law, environmental science, public policy, and ecology. It is part of the New Trajectories in Law series, edited by Adam Gearey, Prabha Kotiswaran, Colin Perrin, and Mariana Valverde.
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