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Chapter VI: From Practice to Theory

Year: 2022
Type: book-chapter
Abstract: Chapter VI: From Practice to TheoryThe many different cases presented so far show a diversifying toolbox that is used for multiple purposes.But how can the diversity of practice be reflected in diversity of theory, and how can it in turn inform future cases?A process of reflective learning is crucial in order to both avoid the settling in of orthodoxy and keep advocacy open towards yet unknown possibilities.To draw out the various insights useful for further development in both theory and practice, I want to look at some court cases that already show, in practice, some of the theoretical tensions I have pointed out.In particular, these clarify the essential role of the state in rights of nature.After doing this, I will discuss a series of crucial ideas for the rights of nature that need to be rethought.I will start with looking one last time at the relationship between indigeneity and rights so as to open up new avenues for Indigenous empowerment that look beyond the concept of right.I will re-examine the idea of legal person with a particular focus on the person as a model for what counts (legally, politically, ethically).Indigenous thought offers plenty of resources for decentering the person in legal and political thought.The last sections think about what a critical engagement with rights suggests for further practice.I argue that the crucial question is not what rights nature may have, but rather who is entitled to speak for nature.In other words, the role of political representation is central in all rights of nature practice and should be better reflected in theory.Lastly, I will examine whether the rights of nature can, at this point in their history, count as a movement.The claim that all cases so far are part of a movement is so ubiquitous
DOI: 10.14361/9783839454312-007
Language: English
Subfield: Law
Open Access status: hybrid
OpenAlex ID: W4206994852
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