Posthuman Legal Subjectivity: Reimagining the Human in the Anthropocene (Law, Justice and Ecology)

"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." Cover Half Title Series Page Title Page Copyright Page Dedication Table of Contents List of figures Acknowledgements Chapter 1: Introduction: Expanding the ideal The inquiry Locating the inquiry Western cultural consciousness of the human–earth relationship Law and legal theory, and the legal subject Massive non-legal considerations Big History New materialism and posthumanism Another source: the book of the universe Structure and overview of the study Chapter 2: The human–earth relationship Chapter 3: Law’s role in the human–earth relationship Chapter 4: The legal subject Chapter 5: Introducing the Cosmic Person Chapter 6: Who must we become? Chapter 2: The human–earth relationship Introduction: getting at the root The human–earth relationship as dualism ‘All things under his feet’ The human/nature dualism Feature one: radical exclusion Feature two: backgrounding Features three and four: homogenisation and incorporation Feature five: instrumentalism The key role of reason Deep roots of dualism The master identity The social imaginary of mastery and control Spatial dimensions of the social imaginary Ecocentrism and beyond Moving beyond anthropocentrism Zoocentrism Biocentrism Ecocentrism The partnership ethic Reaching out further: the mesh Conclusion Chapter 3: Law’s role in the human-earth relationship Introduction: laying down track Law’s anthropocentrism: all the objects in the room are red Should trees have standing? Sierra Club v Morton Earth Jurisprudence Earth Jurisprudence as critical legal theory Key components of Earth Jurisprudence: the Great Law Key components of earth jurisprudence: Wild Law Key components of Earth Jurisprudence: three themes of all life Theme one: subjectivity Theme two: communion Theme three: differentiation Observing the bud, dreaming of the flower Commitment to care Commitment to rights Commitment to reality Committed to revolution? Looking beyond law’s limits Limited law Unlimited law Conclusion Chapter 4: The legal subject Introduction: who is law for? A brief catalogue of law’s contesting subjects The empty slot The slot is not empty The rational individual Background deviations The divine spark The human animal The relational person We have a winner Analysis: features of dualism The Legalist subject The Rationalist subject The Religionist subject The Naturalist subjects Naturalist A Naturalist B The Relational subject Conclusion Chapter 5: Introducing the Cosmic Person The new creation story In the (new) beginning ... Ashes to ashes; dust to dust ... to stardust Genesis 1: in the likeness of god Genesis 2: 4-25: the formation of man The story blurs The story flattens The story extends Introducing the Cosmic Person Cosmic Person Why ‘person’ works The Cosmic Person as legal subject Posthuman normativity and the Cosmic Person: a case study Preface, part one: the Hawaiian context Preface, part two: water disputes in Hawai‘i Preface, part three: Waimea River particulars The case study Contents of the petitions and complaint Proceedings of the petitions and complaint Discussion, part one: traces of posthuman normativity Discussion, part two: glimpses of the Cosmic Person Discussion, part three: performing posthuman property Conclusion Chapter 6: Who must we become? Entering the stream Bringing streams together Concluding remarks Bibliography Articles/books/reports Cases Treaties Other Index