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Een rechtsfilosofie voor het Antropoceen

Year: 2026
Type: article
Abstract: A legal philosophy for the Anthropocene This contribution looks at how Hans Lindahl’s genealogy of the origins of (legal) normativity provides an approach to thinking about the normativity of nature in processes of lawmaking that is distinct from adjacent arguments in what could be called legal philosophies for the Anthropocene. Lindahl’s conceptualization will be contrasted with approaches in Earth Jurisprudence and Margaret Davies’s recent attempts to formulate an EcoLaw. As Lindahl demonstrates, not any abnormal event, whether natural or social, does necessarily attract the attention of the members of a collective as a legally relevant claim that demands a response through lawmaking. The legal attention of a collective seems to be limited and mediated by a politics of legal attention that would require further elaboration. What this shows is that there is no pristine and unmediated normativity of nature, as the alternative approaches mentioned above seem to indicate, and that how a legal collective will respond to such a call will always be mediated by a politics of legal attention.
Language: Dutch
Subfield: Law
Open Access status: green
OpenAlex ID: W7213897065
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