The escalating global ecological degradation underlines the continued importance of the need of effective nature protection. In recent years a new concept– “environmental personhood” was developed. The article analyses the concept and asks the question if it can help with the efficiency of protecting the nature. It is the attempt to transfer the essence of human rights to animals and ecosystem, so they will no longer be right’-less. This concept has some of its beginning in the idea of “common heritage (...) of mankind”, which means that some places belong to the whole of humanity and that the resources of these places should be available to all. This article outlines the roots, the development and traces current trends in the legal personification of non-human persons. It asks legal-theoretical questions about the limits and possibilities of opening up the concept of legal personhood for non-human legal persons in order to protect the nature and discusses the possibility of creating new institutions that could protect it. The article also shows the importance of creating a new society sensitive to nature’s needs. (shrink)

This article allies the 1997 PlayStation video game Final Fantasy VII with Slavoj Žižek’s writings on ecology to critique the area of legal philosophy known as ‘earth jurisprudence’. Earth jurisprudents argue that law bears a large part of the responsibility for humanity’s exploitation of the environment, as law helps to bar nature from subjectivity. However, as Žižek warns—and as FFVII illustrates—the desire for meaning incites people to manufacture a harmonious vision of nature that obscures the chaotic forces at work in (...) the environment and ultimately absolves humanity of responsibility towards the world. Therefore, earth jurisprudence’s program of using legal rights to limit human intervention should be rejected in favour of an approach that enables people to take an active role in addressing the ecological crisis. (shrink)

The present reflection draws upon a tradition of energetic, world-facing critical legal scholarship to interrogate the anthropos assumed by the terminology of ‘anthropocentrism’ and of the ‘Anthropocene’. The article concludes that any ethically responsible future engagement with ‘anthropocentrism’ and/or with the ‘Anthropocene’ must explicitly engage with the oppressive hierarchical structure of the anthropos itself—and should directly address its apotheosis in the corporate juridical subject that dominates the entire globalised order of the Anthropocene age.

In 2008, Ecuador became the first country in history to grant constitutional rights to nature. What is termed the indigenous symbol played a significant role in this event. The rights of nature are used as an occasion to interrogate the indigenous symbol in order to reveal what it does, as opposed to what it says. The account of the rights of nature originating in indigenous sensibilities is presented, and subsequently critiqued. The argument makes use of the notion of representative claim (...) to show the strategic construction of indigeneity as ecologically harmonious. An alternative genesis of the rights of nature is presented. It is further showed that the indigenous symbol is employed as a veneer of moral authority hiding the strategic machinations of representative politics. (shrink)

The Anthropocene is a term described by Earth Systems Science to capture the recent rupture in the history of the Earth where human action has acquired the power to alter the Earth System as a whole. While normative conclusions cannot be logically derived from this descriptive fact, this paper argues that law and philosophy ought to develop responses that are ordered around human beings. Rather than arguing for legal rights or extending rights to nature, this paper focuses on obligations. Drawing (...) on Hans Jonas, it argues that obligations are a more appropriate tool for cultivating human plurality, restraining human action and protecting future generations. (shrink)

Aldo Leopold’s Land Ethic was one of the first clarion calls announcing a new era of thinking about Nature; but it is obviously difficult for the human race to turn conceptual insights into action. I propose that the missing link lies in acknowledging non-human personhood. If we allow ourselves to “personize” Leopold’s Land; we enable moral behavior towards the world as a whole. In this paper; I build on Leopold and develop the acknowledgement of non-human personhood as the logical and (...) necessary next step in his Ethical Sequence. (shrink)