PulseExploreJournal ClubDebatesTrendingResearchersJournals
Instagram
HomeExploreJournal ClubTrending
Synapse
⌘+K
Synapse
November 10, 2025Review of European Comparative & International Environmental Law0 citationsOpen Access

Nature and the law: In defence of a pluriversal, more‐than‐human approach

View Full Paper
JGJoshua C. Gellers

Key Points

  • Rights of nature approaches promote varied legal personhood, enhancing legal representation for ecological interests.
  • The study identifies key factors, including legal personhood and anthropocentric representation, in shaping laws.
  • Discussion of divergent orientations in the rights of nature movement—technocratic vs cultural—offers new perspectives.
  • The success of the proposed framework suggests a necessary shift away from traditional legal paradigms to embrace nature fully.

Abstract

Abstract How can nature be incorporated into the law? How should nature be incorporated into the law? Inspired by the nascent Law and Nature movement, this article develops responses to these two questions. First, I discuss three key points of differentiation in the rights of nature (RoN) movement—form, mechanism, and orientation. In terms of form, jurisdictions vary according to whether they pursue legal personhood or direct legal rights. As far as mechanisms by which interests are regarded, most contexts utilise some form of anthropocentric representation while more‐than‐human approaches have yet to be adequately explored. With respect to orientation, the RoN movement is settling into two schools—technocratic and cultural—marked by divergent onto‐epistemological foundations. In order to overcome these cleavages and bring RoN in line with what I argue are vital normative obligations, I propose several suggestions that clarify the scope, method, and function of such rights. I conclude that the success or failure of the proposed Law and Nature initiative hinges on its willingness to reject conventional legal thinking in favour of radical departures from modern law like those prescribed here.

Ask AI
Helpful
Bookmark
Share
View Full Paper

Cite This Study

Joshua C. Gellers (2025) studied this question.

synapsesocial.com/papers/69253a31c0ce034ddc3576f4https://doi.org/10.1111/reel.70024
Ask AI
Helpful
Bookmark
Share
View Full Paper