Rights of nature : a re-examination

Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders and analyzes legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone's influential 1972 article'Should Trees Have Standing?,'the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy. "Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders, and analyses legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone's influential 1972 article 'Should Trees Have Standing?', the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy"-- Provided by publisher This book critically examines the idea of natural objects as right-holders, and analyses legal cases, policies, and philosophical issues relating to this development. Cover 1 Half Title 2 Series Page 3 Title Page 4 Copyright Page 5 Table of Contents 6 List of Contributors 8 Acknowledgments 10 Chapter 1 Rights of Nature: Exploring the Territory 12 Chapter 2 Taking Stock of the Rights of Nature 25 Chapter 3 Pachamama as a Legal Person?: Rights of Nature and Indigenous Thought in Ecuador 47 Chapter 4 “Rights of Nature” in a Water Market 62 Chapter 5 The Rights of Nature as Politics 80 Chapter 6 Environmentally Conditioned Human Rights: A Good Idea? 96 Chapter 7 Human Rights and Rights of Nature: Prospects for a Linkage Argument  112 Chapter 8 Rights-Based Restoration 132 Chapter 9 Toward a New Framework for Rights of the Biotic Community 151 Chapter 10 Fundamental Challenges for Rights of Nature 167 Chapter 11 Close Reading Stone: Investigating the Seminal Article 187 Index 206 Environmental,ethics;,environmental,law;,environmental,policy;,indigenous,peoples;,nature,conservation;,rights;,environmental,thinking Environmental ethics,environmental law,environmental policy,indigenous peoples,nature conservation,rights,environmental thinking