El giro ontológico en el derecho: objeciones a su traducción jurídica en los derechos de la naturaleza
Year: 2026
Type: article
Abstract: This article critically examines the incorporation of the ontological turn into legal debate, with particular attention to its translation into the recognition of the rights of nature as a response to so-called ontological conflicts. Drawing on theoretical debates developed in the field of anthropology it reconstructs the claim that certain socio-environmental conflicts express confrontations between ontologically distinct worlds. While acknowledging the value of the ontological turn in making epistemic asymmetries visible, the article argues that its reception in legal theory raises significant conceptual and practical difficulties; in particular, framing these conflicts as ontological risks obscures their material and political dimensions. The article maintains that law requires a shared epistemic framework for collective decision-making, and that legal pluralism can accommodate normative diversity without embracing a strong form of ontological pluralism. It concludes that environmental protection is more effectively pursued through the strengthening of territorial rights and participatory governance mechanisms.
DOI: 10.36151/td.2026.151
Author: Marcos De Armenteras Cabot
Institution: Universitat de les Illes Balears
Language: Spanish
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7166827435