Download or read book Environmental Personhood written by Francine Rochford and published by Taylor & Francis. This book was released on 2024-01-18 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the increasingly widespread movement to recognise the environment as a legal person. Several countries have now recognized that nature, or parts of nature, have juristic personhood. In this book, the concept of legal personhood and its incidents are interrogated with a view to determining whether this is, or could be, a positive contribution to modern environmental problems. Surveying historical and current positions on the juristic concept of legal personhood, the book engages recent legislation and case law, in order to consider the attempt in several countries to vest personhood in rivers, river basins and ecosystems. Comparing approaches in a range of countries – including New Zealand, India, Ecuador, the United States and Australia, it addresses the methods employed, the purported aims, the mechanisms for enforcement, and the entrenchment of legal protections. Throughout, the book elicits the difficult relationship between an historically anthropocentric idea of personhood and its extension beyond the human; concluding that the attribution of personhood to the environment is an important, but limited, contribution to environmental sustainability. Accessibly written, this book will appeal to scholars, students and others with interests in environmental law, environmental science and public policy, and ecology more generally.
Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Download or read book Indigenous Sacred Natural Sites and Spiritual Governance written by John Studley and published by Routledge. This book was released on 2018-10-26 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
Download or read book Should Trees Have Standing written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.
Download or read book Plants as Persons written by Matthew Hall and published by State University of New York Press. This book was released on 2011-05-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plants are people too? No, but in this work of philosophical botany Matthew Hall challenges readers to reconsider the moral standing of plants, arguing that they are other-than-human persons. Plants constitute the bulk of our visible biomass, underpin all natural ecosystems, and make life on Earth possible. Yet plants are considered passive and insensitive beings rightly placed outside moral consideration. As the human assault on nature continues, more ethical behavior toward plants is needed. Hall surveys Western, Eastern, Pagan, and Indigenous thought as well as modern science for attitudes toward plants, noting the particular resources for plant personhood and those modes of thought which most exclude plants. The most hierarchical systems typically put plants at the bottom, but Hall finds much to support a more positive view of plants. Indeed, some indigenous animisms actually recognize plants as relational, intelligent beings who are the appropriate recipeints of care and respect. New scientific findings encourage this perspective, revealing that plants possess many of the capacities of sentience and mentality traditionally denied them.
Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
Download or read book Personhood Ethics and Animal Cognition written by Gary E. Varner and published by Oxford University Press, USA. This book was released on 2012-08-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book also draws heavily on empirical research on consciousness and cognition in non-human animals as a way of approaching the question of which animals, if any, are "persons," or at least "near-persons".
Download or read book An Ape Ethic and the Question of Personhood written by Gregory F. Tague and published by Rowman & Littlefield. This book was released on 2020-03-05 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gregory F. Tague’s An Ape Ethic and the Question of Personhood argues that great apes are moral individuals because they engage in a land ethic as ecosystem engineers to generate ecologically sustainable biomes for themselves and other species. Tague shows that we need to recognize apes as eco-engineers in order to save them and their habitats, and that in so doing, we will ultimately save earth’s biosphere. The book draws on extensive empirical research from the ecology and behavior of great apes and synthesizes past and current understanding of the similarities in cognition, social behavior, and culture found in apes. Importantly, this book proposes that differences between humans and apes provide the foundation for the call to recognize forest personhood in the great apes. While all ape species are alike in terms of cognition, intelligence, and behaviors, there is a vital contrast: unlike humans, great apes are efficient ecological engineers. Therefore, simian forest sovereignty is critical to conservation efforts in controlling global warming, and apes should be granted dominion over their tropical forests. Weaving together philosophy, biology, socioecology, and elements from eco-psychology, this book provides a glimmer of hope for future acknowledgment of the inherent ethic that ape species embody in their eco-centered existence on this planet.
Download or read book The Rights of Nature written by David R. Boyd and published by ECW Press. This book was released on 17-09-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.
Download or read book Companies Are People Too written by Carliss Chatman and published by . This book was released on 2021 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies Are People Too presents Professor Carliss Chatman's scholarship on corporate personhood in a format that is accessible to children.
Download or read book Posthuman Legal Subjectivity written by Jana Norman and published by Routledge. This book was released on 2021-08-12 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.
Download or read book Ariel s Ecology written by Monique Allewaert and published by U of Minnesota Press. This book was released on 2013-06-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens if we abandon the assumption that a person is a discrete, world-making agent who acts on and creates place? This, Monique Allewaert contends, is precisely what occurred on eighteenth-century American plantations, where labor practices and ecological particularities threatened the literal and conceptual boundaries that separated persons from the natural world. Integrating political philosophy and ecocriticism with literary analysis, Ariel’s Ecology explores the forms of personhood that developed out of New World plantations, from Georgia and Florida through Jamaica to Haiti and extending into colonial metropoles such as Philadelphia. Allewaert’s examination of the writings of naturalists, novelists, and poets; the oral stories of Africans in the diaspora; and Afro-American fetish artifacts shows that persons in American plantation spaces were pulled into a web of environmental stresses, ranging from humidity to the demand for sugar. This in turn gave rise to modes of personhood explicitly attuned to human beings’ interrelation with nonhuman forces in a process we might call ecological. Certainly the possibility that colonial life revokes human agency haunts works from Shakespeare’s Tempest and Montesquieu’s Spirit of the Laws to Spivak’s theories of subalternity. In Allewaert’s interpretation, the transformation of colonial subjectivity into ecological personhood is not a nightmare; it is, rather, a mode of existence until now only glimmering in Che Guevara’s dictum that postcolonial resistance is synonymous with “perfect knowledge of the ground.”
Download or read book Rights for Robots written by Joshua C. Gellers and published by Routledge. This book was released on 2020-10-26 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman entity might be eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology—animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Download or read book Advocating for the Environment written by Susan B. Inches and published by North Atlantic Books. This book was released on 2021-07-13 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can any one of us--as ordinary citizens--really do about climate change? A lot! Advocating for the Environment is based on a vision where all life is respected, revered, and nurtured. The shifts we need to achieve this vision are profound--from how we do business to how we educate, govern, and care--for all people and life on the planet. Written by environmental policy expert Susan B. Inches, Advocating for the Environment is an easy-to-understand, empowering guide to help you take action and enact environmental change. Part I begins with how we must learn to think differently in order to achieve this vision and heal the planet. It discusses storytelling, empathy, worldviews, and how understanding and effective communication can help us collaborate with others--even those with opposing views. And it shows the important role that citizen advocates play in achieving a healthy future. Part II of the book is all about action. How to use power for good, work with decision-makers, organize events, manage a coalition, communicate with the public, and work with the media are all laid out in an easy-to-read and easy-to-reference format. The book also includes case studies, research, and templates to deepen learning. Professors and teachers, students, legislators, environmental clubs, and church groups will also find useful ideas and strategies on every page. Advocating for the Environment is a guide to environmental action that readers will want to read and keep for reference for years to come.
Download or read book Unraveling written by Matthew J. Wolf-Meyer and published by U of Minnesota Press. This book was released on 2020-10-20 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing a cybernetic model of subjectivity and personhood that honors disability experiences to reconceptualize the category of the human Twentieth-century neuroscience fixed the brain as the basis of consciousness, the self, identity, individuality, even life itself, obscuring the fundamental relationships between bodies and the worlds that they inhabit. In Unraveling, Matthew J. Wolf-Meyer draws on narratives of family and individual experiences with neurological disorders, paired with texts by neuroscientists and psychiatrists, to decenter the brain and expose the ableist biases in the dominant thinking about personhood. Unraveling articulates a novel cybernetic theory of subjectivity in which the nervous system is connected to the world it inhabits rather than being walled off inside the body, moving beyond neuroscientific, symbolic, and materialist approaches to the self to focus instead on such concepts as animation, modularity, and facilitation. It does so through close readings of memoirs by individuals who lost their hearing or developed trauma-induced aphasia, as well as family members of people diagnosed as autistic—texts that rethink modes of subjectivity through experiences with communication, caregiving, and the demands of everyday life. Arguing for a radical antinormative bioethics, Unraveling shifts the discourse on neurological disorders from such value-laden concepts as “quality of life” to develop an inclusive model of personhood that honors disability experiences and reconceptualizes the category of the human in all of its social, technological, and environmental contexts.
Download or read book Interspecies Politics written by Rafi Youatt and published by University of Michigan Press. This book was released on 2020-02-25 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics "with" the environment
Download or read book Negotiating Personal Autonomy written by Sophie Elixhauser and published by Routledge. This book was released on 2018-03-09 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiating Personal Autonomy offers a detailed ethnographic examination of personal autonomy and social life in East Greenland. Examining verbal and non-verbal communication in interpersonal encounters, Elixhauser argues that social life in the region is characterized by relationships based upon a particular care to respect other people’s personal autonomy. Exploring this high valuation of personal autonomy, she asserts that a person in East Greenland is a highly permeable entity that is neither bounded by the body nor even necessarily human. In so doing, she also puts forward a new approach to the anthropological study of communication. An important addition to the corpus of ethnographic literature about the people of East Greenland, Elixhauser‘s work will be of interest to scholars of the Arctic and the North, Greenland, social and cultural anthropology, and human geography. Her conclusion that, in East Greenland, the ‘inner’ self cannot be separated from the ‘public’ persona will also be of interest to scholars working on the self across the humanities and social sciences.
