The Rights of Nature: Reconsidered

Burdon, Peter D.

doi:10.22459/ahr.49.2010.04

Cited by 22 publications

(16 citation statements)

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“…Respect for nature is inalienably connected with respect for human life in a value system which requires human societies, economies and legal systems to equally serve nature's and humans' well-being, which should be 'mutually enhanced' in a 'social contract with nature' (Daly, 2016, t.o. 64; see also Burdon, 2010;Teubner, 2006;Chan, 1988;1989). Such 'mutually enhancing relationships' reject a normative framework which 'posits "abstract" categories or doctrines as the highest authority in human society', which are human 'self-validating', and the idea of 'private property as a mechanism that authorizes human exploitation of nature and the non-recognition of rights outside of the human community' (Burdon, 2012, p. 31; see also Cullinan, 2008;Chan, 1988;1989).…”

Section: Humans and Nature In An Intertwined Economymentioning

confidence: 99%

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

Argyrou

Hummels

2019

Water International

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Legislation in New Zealand dictates that the Whanganui River is a living entity and a legal person. Guardians uphold the river's environmental, social, cultural and economic well-being. We provide a conceptual discussion of the river's economic well-being, understood as the mutual enhancement of natural and human elements through community entrepreneurship that is based on human and non-human capabilities. We discuss human economic activity that preserves the right of the river to be free from pollution and form an integral part of the Māori culture and tradition, the improvement of Māori living conditions, and their rights to self-determination and prior consent.

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Section: Humans and Nature In An Intertwined Economymentioning

confidence: 99%

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

Argyrou

Hummels

2019

Water International

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“…Ecuador has been recognised as the first country in the world to codify the "Rights of Nature" in their Constitution [55] and is therefore chosen as a case study for this paper. In 2007, the Pachamama Alliance invited representatives of the Community Environmental Legal Defense Fund (CELDF) to meet with delegates of the Ecuador Constitutional Assembly [55].…”

Section: The Rights Of Nature In Ecuador's National Constitutionmentioning

confidence: 99%

“…In 2007, the Pachamama Alliance invited representatives of the Community Environmental Legal Defense Fund (CELDF) to meet with delegates of the Ecuador Constitutional Assembly [55]. A reshaped and expanded version of a draft Constitution by the CELDF was then approved by referendum.…”

Section: The Rights Of Nature In Ecuador's National Constitutionmentioning

confidence: 99%

“…The main problem is that there is no definition of "nature". Burdon claims that, "the use of general language is common in constitutional drafting and allows for words to have a broad interpretation and remain relevant over time" [55]. However, this broad interpretation can lead to several strange conflicts, as there are no explicitly stated principles, specific entities it protects, nor the extent of that protection.…”

Section: The Rights Of Nature: Chapter 7 Of Ecuadorian Constitutionmentioning

confidence: 99%

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The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Rühs

Jones

2016

Sustainability

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To date, international processes associated with sustainable development have not led to an internationally legally binding framework that adequately addresses the challenges we face. Human influence on the planet has led to the adoption, although not universally accepted, of the term Anthropocene to define our new relationship with nature. This paper aims to look at the role and rule of law in the making of society and, more importantly, the arguments for a shift in the paradigm from an Anthropocentric ontology to a more Earth-centered one. We critique the current approach to sustainable development and environmental protection, review arguments on the Rights of Nature and explore the potential for the concept of Earth Jurisprudence building on current literature. In particular, the paper outlines that a constitutional right of nature is needed to address the challenges that we now face globally. To this end, we also examine in detail the case study of the constitution of Ecuador where the rights of nature have been codified. We outline some of the key issues involved in this proposed approach to new legal frameworks and make recommendations for future research.

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“…Finally, the ethical orientations of ecojustice include the notion that all species, not just humans, require ‘moral consideration’, or have ‘rights’ (Nussbaum, 2006; Singer, 2010) and ‘standing’ (Stone, 2010). This ‘standing’ is ideally, within Earth law, oriented legal systems that attempt to manage the Earth wisely and compassionately (Maloney, 2011, p. 119), where ‘other natural entities are entitled to fulfil their role within the Earth Community’ (Thomas Berry, as cited in Burdon, 2010, p. 86).…”

Section: Ecojustice — Its Nature and Place In Educationmentioning

confidence: 99%

Pathway to ‘Knowing Places’ — and Ecojustice — Three Teacher Educators’ Experiences

Paige

Lloyd

Smith³

2016

Aust. J. environ. educ.

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The case study reported here seeks to promote the sharing of successful practice in Education for Sustainability (EfS). It uses literature and three personal and professional autobiographies as background to the development of a set of sustainability educational practices integrated into a primary/middle school teacher education program. The set of activities focus on developing in students an understanding of EfS and of processes appropriate to it that they can use in their classrooms on graduation. It is the authors’ view that their collaborative building on shared beliefs, contemporary ecojustice literature and three decades of developing enabling pedagogical practices has assisted their efforts to ‘get’ EfS, and to ensure that their students, particularly as beginning teachers, ‘got it’. The ecojustice principles for teacher education programs are outlined in this article and are believed to have wide applicability in many aspects of ecojustice approaches to pro-ecosocial education.

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The Rights of Nature: Reconsidered

Cited by 22 publications

References 0 publications

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Pathway to ‘Knowing Places’ — and Ecojustice — Three Teacher Educators’ Experiences

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