Spectrum of Anthropocentric Approaches to the Ecological Continuum: Environmental Protection Effectiveness and Legal Standing in Italy’s New Constitutional Framework
Year: 2025
Type: article
Abstract: The “theory of convergence” suggests that when two legal theories have exactly the same practical implications, scholars should not focus on their differences. This approach can be applied to the theoretical perspectives of anthropocentric and non-anthropocentric law. To further analyse and contrast this theory, this article draws upon a case study examining the legal instruments aimed at environmental protection in Italy. Specifically, it will analyse contemporary Italian legal norms through an anthropocentric spectrum – from the right to a healthy environment to laws against environmental damage – demonstrating that less anthropocentric norms are better suited for effective environmental protection, contrary to the theory of convergence. The article will then move beyond the conclusions of the case study to suggest a critical reflection on anthropocentric and non-anthropocentric approaches to environmental protection. In its concluding section, the article will argue that a possible way forward may involve transcending the classical dualism between these two distinct approaches, adopting a new perspective that envisions human beings and nature as an existential continuum. The innovative approach could be conceptualized as a non-anthropocentric right, inspiring further research and development in environmental – and human – governance.
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7071326948
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