The Rights of Nature and the Testimony of Things
The Rights of Nature and the Testimony of Things

Author: Mark Anderson

Publisher: Vanderbilt University Press

Published: 2024-07-15

Total Pages: 528

ISBN-13: 0826506798

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The Rights of Nature and the Testimony of Things begins by analyzing the ethical debates and political contexts relating to Latin American “rights of nature” legislation and the political ontology of nonhuman speech within a framework of intercultural and multispecies diplomacy. Author Mark Anderson shows how Latin American authors and thinkers complicate traditional humanistic perspectives on nature, the social, and politics, exploring how animals, plants, and environments as a whole might be said to engage in social relations and political speech or self-representation. Drawing Native Amazonian thought into productive tension with a variety of posthumanist theoretical frameworks—ranging from Derrida’s conceptualization of passive decision and hospitality to biosemiotics, Karen Barad’s theorization of intra-activity, and Isabelle Stengers’ proposal for cosmopolitical diplomacy—Anderson analyzes literary works by Julio Cortázar, Clarice Lispector, José Eustasio Rivera, and Davi Kopenawa that reframe environmental ethics in terms of collective, multispecies work and reciprocal care and politics as a cosmopolitics of friendship rooted in diplomacy across difference. Finally, Anderson examines the points of connection and divergences between Latin American relational ontologies and Euro American posthumanist theories within Indigenous Latin American remodernization projects that reappropriate and repurpose ancestral practices as well as develop new technologies with the goal of forging alternative modernities compatible with a livable future for all species.

Rights of Nature
Rights of Nature

Author: Daniel P. Corrigan

Publisher: Routledge

Published: 2021-05-16

Total Pages: 147

ISBN-13: 1000386139

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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.

Should Trees Have Standing?
Should Trees Have Standing?

Author: Christopher D. Stone

Publisher:

Published: 1974

Total Pages: 136

ISBN-13:

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"In this book, Professor Stone traces the development of the idea of legal rights, reminding us that children, old people, women, aliens, and "minorities" have been treated as without rights in many societies throughout human history. Although each new movement to confer rights on some new "entity" may have seemed "odd or frightening or laughable" at the time, Stone points out that legal rights have been extended and previously rightless people (and things) have come to be recognized and valued for themselves. he then develops his thesis and proposal that we give legal rights to "natural objects" in the environment--and to the natural environment as a whole"--Back cover.

Roman Law in the State of Nature
Roman Law in the State of Nature

Author: Benjamin Straumann

Publisher: Cambridge University Press

Published: 2015-02-12

Total Pages: 287

ISBN-13: 1107092906

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This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.

The Idea of Natural Rights
The Idea of Natural Rights

Author: Brian Tierney

Publisher: Wm. B. Eerdmans Publishing

Published: 2001

Total Pages: 400

ISBN-13: 9780802848543

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This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

The Evidence of Things Not Seen
The Evidence of Things Not Seen

Author: James Baldwin

Publisher: Henry Holt and Company

Published: 2023-01-17

Total Pages: 99

ISBN-13: 1250886724

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Over twenty-two months in 1979 and 1981 nearly two dozen children were unspeakably murdered in Atlanta despite national attention and outcry; they were all Black. James Baldwin investigated these murders, the Black administration in Atlanta, and Wayne Williams, the Black man tried for the crimes. Because there was only evidence to convict Williams for the murders of two men, the children's cases were closed, offering no justice to the families or the country. Baldwin's incisive analysis implicates the failures of integration as the guilt party, arguing, "There could be no more devastating proof of this assault than the slaughter of the children." As Stacey Abrams writes in her foreword, "The humanity of black children, of black men and women, of black lives, has ever been a conundrum for America. Forty years on, Baldwin's writing reminds us that we have never resolved the core query: Do black lives matter? Unequivocally, the moral answer is yes, but James Baldwin refuses such rhetorical comfort." In this, his last book, by excavating American race relations Baldwin exposes the hard-to-face ingrained issues and demands that we all reckon with them.

Understanding the Rights of Nature
Understanding the Rights of Nature

Author: Mihnea Tanasescu

Publisher: transcript Verlag

Published: 2022-01-31

Total Pages: 169

ISBN-13: 383945431X

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Rivers, landscapes, whole territories: these are the latest entities environmental activists have fought hard to include in the relentless expansion of rights in our world. But what does it mean for a landscape to have rights? Why would anyone want to create such rights, and to what end? Is it a good idea, and does it come with risks? This book presents the logic behind giving nature rights and discusses the most important cases in which this has happened, ranging from constitutional rights of nature in Ecuador to rights for rivers in New Zealand, Colombia, and India. Mihnea Tanasescu offers clear answers to the thorny questions that the intrusion of nature into law is sure to raise.

Global Environmental Constitutionalism
Global Environmental Constitutionalism

Author: James R. May

Publisher: Cambridge University Press

Published: 2015

Total Pages: 427

ISBN-13: 1107022258

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Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.