Nature and the law: In defence of a pluriversal, more‐than‐human approach

Abstract How can nature be incorporated into the law? How should nature be incorporated into the law? Inspired by the nascent Law and Nature movement, this article develops responses to these two questions. First, I discuss three key points of differentiation in the rights of nature (RoN) movement—form, mechanism, and orientation. In terms of form, jurisdictions vary according to whether they pursue legal personhood or direct legal rights. As far as mechanisms by which interests are regarded, most contexts utilise some form of anthropocentric representation while more‐than‐human approaches have yet to be adequately explored. With respect to orientation, the RoN movement is settling into two schools—technocratic and cultural—marked by divergent onto‐epistemological foundations. In order to overcome these cleavages and bring RoN in line with what I argue are vital normative obligations, I propose several suggestions that clarify the scope, method, and function of such rights. I conclude that the success or failure of the proposed Law and Nature initiative hinges on its willingness to reject conventional legal thinking in favour of radical departures from modern law like those prescribed here.

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Publication Details

Journal
Review of European Comparative & International Environmental Law
Published
2025-11-10
DOI
https://doi.org/10.1111/reel.70024
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00

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article

Nature and the law: In defence of a pluriversal, more‐than‐human approach

Joshua C. Gellers
Review of European Comparative & International Environmental Law
Environmental law and policy
article

Nature and the law: In defence of a pluriversal, more‐than‐human approach

Joshua C. Gellers
article en

Abstract

Abstract How can nature be incorporated into the law? How should nature be incorporated into the law? Inspired by the nascent Law and Nature movement, this article develops responses to these two questions. First, I discuss three key points of differentiation in the rights of nature (RoN) movement—form, mechanism, and orientation. In terms of form, jurisdictions vary according to whether they pursue legal personhood or direct legal rights. As far as mechanisms by which interests are regarded, most contexts utilise some form of anthropocentric representation while more‐than‐human approaches have yet to be adequately explored. With respect to orientation, the RoN movement is settling into two schools—technocratic and cultural—marked by divergent onto‐epistemological foundations. In order to overcome these cleavages and bring RoN in line with what I argue are vital normative obligations, I propose several suggestions that clarify the scope, method, and function of such rights. I conclude that the success or failure of the proposed Law and Nature initiative hinges on its willingness to reject conventional legal thinking in favour of radical departures from modern law like those prescribed here.

Review of European Comparative & International Environmental Law
University of North Florida (US)
Universität Mannheim
Openalex Percentile: Top 50%
Environmental law and policy
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