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Rights of nature
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Rights of nature
Rights of nature or Earth rights is a legal and jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. The rights of nature concept challenges twentieth-century laws as generally grounded in a flawed frame of nature as "resource" to be owned, used, and degraded. Proponents argue that laws grounded in rights of nature direct humanity to act appropriately and in a way consistent with modern, system-based science, which demonstrates that humans and the natural world are fundamentally interconnected.
This school of thought is underpinned by two basic lines of reasoning. First, since the recognition of human rights is based in part on the philosophical belief that those rights emanate from humanity's own existence, logically, so too do inherent rights of the natural world arise from the natural world's own existence. A second and more pragmatic argument asserts that the survival of humans depends on healthy ecosystems, and so protection of nature's rights in turn, advances human rights and well-being.
From a rights of nature perspective, most environmental laws of the twentieth century are based on an outmoded framework that considers nature to be composed of separate and independent parts, rather than components of a larger whole. A more significant criticism is that those laws tend to be subordinate to economic interests, and aim at reacting to and just partially mitigating economics-driven degradation, rather than placing nature's right to thrive as the primary goal of those laws. This critique of existing environmental laws is an important component of tactics such as climate change litigation that seeks to force societal action to mitigate climate change.
As of May 2024, close to 500 rights of nature laws exist at the local to national levels in 40 countries, including dozens of cities and counties throughout the United States. They take the form of constitutional provisions, treaty agreements, statutes, local ordinances, and court decisions. A state constitutional provision is being sought in Florida.
Proponents of rights of nature argue that, just as human rights have been recognized increasingly in law, so should nature's rights be recognized and incorporated into human ethics and laws. This claim is underpinned by two lines of reasoning: that the same ethics that justify human rights, also justify nature's rights, and, that humans' own survival depend on healthy ecosystems.
First, it is argued that if inherent human rights arise from human existence, so too logically do inherent rights of the natural world arise from the natural world's own existence. Human rights, and associated duties to protect those rights, have expanded over time. Most notably, the 1948 adoption by the United Nations, of the Universal Declaration of Human Rights (UDHR) that formalized recognition of broad categories of inalienable human rights. Drafters of the UDHR stated their belief that the concept of fundamental human rights arose not from "the decision of a worldly power, but rather in the fact of existing."
Some scholars have contended thereafter that, given that basic human rights emanate from humans' own existence, nature's rights similarly arise from the similar existence of nature, and so humans' legal systems should continue to expand to recognize the rights of nature.
Some notable proponents of this approach include U.S. cultural historian Thomas Berry, South African attorney Cormac Cullinan, Indian physicist and eco-social advocate Vandana Shiva, and Canadian law professor and U.N. Special Rapporteur for Human Rights and the Environment David R. Boyd.
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Rights of nature
Rights of nature or Earth rights is a legal and jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. The rights of nature concept challenges twentieth-century laws as generally grounded in a flawed frame of nature as "resource" to be owned, used, and degraded. Proponents argue that laws grounded in rights of nature direct humanity to act appropriately and in a way consistent with modern, system-based science, which demonstrates that humans and the natural world are fundamentally interconnected.
This school of thought is underpinned by two basic lines of reasoning. First, since the recognition of human rights is based in part on the philosophical belief that those rights emanate from humanity's own existence, logically, so too do inherent rights of the natural world arise from the natural world's own existence. A second and more pragmatic argument asserts that the survival of humans depends on healthy ecosystems, and so protection of nature's rights in turn, advances human rights and well-being.
From a rights of nature perspective, most environmental laws of the twentieth century are based on an outmoded framework that considers nature to be composed of separate and independent parts, rather than components of a larger whole. A more significant criticism is that those laws tend to be subordinate to economic interests, and aim at reacting to and just partially mitigating economics-driven degradation, rather than placing nature's right to thrive as the primary goal of those laws. This critique of existing environmental laws is an important component of tactics such as climate change litigation that seeks to force societal action to mitigate climate change.
As of May 2024, close to 500 rights of nature laws exist at the local to national levels in 40 countries, including dozens of cities and counties throughout the United States. They take the form of constitutional provisions, treaty agreements, statutes, local ordinances, and court decisions. A state constitutional provision is being sought in Florida.
Proponents of rights of nature argue that, just as human rights have been recognized increasingly in law, so should nature's rights be recognized and incorporated into human ethics and laws. This claim is underpinned by two lines of reasoning: that the same ethics that justify human rights, also justify nature's rights, and, that humans' own survival depend on healthy ecosystems.
First, it is argued that if inherent human rights arise from human existence, so too logically do inherent rights of the natural world arise from the natural world's own existence. Human rights, and associated duties to protect those rights, have expanded over time. Most notably, the 1948 adoption by the United Nations, of the Universal Declaration of Human Rights (UDHR) that formalized recognition of broad categories of inalienable human rights. Drafters of the UDHR stated their belief that the concept of fundamental human rights arose not from "the decision of a worldly power, but rather in the fact of existing."
Some scholars have contended thereafter that, given that basic human rights emanate from humans' own existence, nature's rights similarly arise from the similar existence of nature, and so humans' legal systems should continue to expand to recognize the rights of nature.
Some notable proponents of this approach include U.S. cultural historian Thomas Berry, South African attorney Cormac Cullinan, Indian physicist and eco-social advocate Vandana Shiva, and Canadian law professor and U.N. Special Rapporteur for Human Rights and the Environment David R. Boyd.