This paper studies “environmental personhood” legislation as a transitional concept. A transitional concept is one whose originating context sets parameters for its pragmatic functioning even as the eventual coherence of this functioning entails deep change in this originating context. By more explicitly thematizing environmental personhood as a transitional concept, we can acknowledge worries about its entanglement with a rights paradigm emphasizing private property and human exceptionalism while still exploring how it might contribute towards deeper ecological transformation. The paper introduces Nuu-chah-nuulth (...) philosopher E. Richard Atleo’s notion of ‘phase connectors’ as a heuristic for thinking transitional tensions in environmental personhood especially in terms of the gap between its present operative strategy and possible future effects on wider imaginaries. Indeed, this gap indicates how environmental personhood’s transitional potential is entangled with challenging dominant presuppositions in what Anna Grear calls ‘law’s onto-epistemic imaginary’. Using Atleo’s heuristic and drawing on a range of sources, the paper thinks through some of the prominent fault lines and volatile dynamics of environmental personhood as a transitional concept. After establishing these critical tensions, it considers how its conceptualization in domains beyond legislative or academic articulations may or may not help induce ethico-phenomenological changes in constitutive imaginaries. Though such popular presentations are frequently reductive, understanding why and how is important if theorists can contribute to the construction of creative alternatives. (shrink)

The idea of dignity is often taken to be a foundation for principles of justice and democracy. In the West it has numerous formulations and conceptualisations. Within the capabilities approach to justice theorists have expanded the concept of dignity to encompass animals and ecological communities. In this article I rework the idea of dignity to include the Māori philosophical concepts of Mauri, tapu and mana – something I argue is necessary if the capabilities approach is to decolonise in the Aotearoa (...) context. Furthermore, the article links the nation’s recognition of three extensive geographical regions – Te Awa Tupua, Te Urewera and Mt Taranaki – as legal persons to Mātauranga Māori and nonhuman dignity. In doing so, I identify the potential that this understanding of dignity and these legal moves have to decolonise democracy within the settler state. (shrink)

The idea of inclusive collective decision-making is important in establishing democratic legitimacy, but it fails when citizens are excluded. Stated-preference methods of valuation, which are commonly used in economics, have been criticised because the principle of willingness to pay may exclude low-income earners who do not have the capacity to pay. Deliberative valuation has been advocated as a way to overcome this problem, but deliberation may also be exclusive. In this review, two deliberative valuation frameworks are compared. The first is (...) grounded on the idea of rational discourse that emphasises argument at the expense of other communicative strategies. It seeks to secure inclusion through procedural rules and prerequisites, but fails to address the underlying democratic limitation of argumentation. The second does not rely on the distinction between rational and rhetorical speech, and therefore admits alternative forms of communication. This approach recognises differences in the communicative capacities and practices of those who take part in deliberation, and so is better equipped to improve, though not to guarantee, inclusion. (shrink)