Environmental Personhood

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Environmental Personhood

New Trajectories in Law

Methods, theory and philosophy of law Environment law

Author: Francine Rochford

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Collection: New Trajectories in Law

Language: English

Published by: Routledge

Published on: 17th January 2024

Format: LCP-protected ePub

ISBN: 9781040006061


Introduction

This book examines the increasingly widespread movement to recognise the environment as a legal person.

Legal Personhood and Environmental Law

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.

Audience

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.

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