From domination to recognition: the rights of nature in comparative perspective

Western legal tradition has long been characterized by an anthropocentric paradigm that positions human beings as the sole subjects of law, relegating nature to the status of a mere object. This perspective, deeply rooted in the epistemology of domination, was reinforced by modern science, industrialization, and capitalist economies, which further distanced legal systems from ecological considerations. However, in the face of the Anthropocene crisis, this model is being challenged by the emergence of an ecocentric legal framework that recognizes nature as a subject of rights. This article explores the historical foundations of legal anthropocentrism, tracing its origins in Western thought and its consolidation through mechanistic and reductionist approaches. It then examines the global rise of the Rights of Nature as a counter-hegemonic legal paradigm, highlighting their philosophical underpinnings and practical applications, particularly in Latin America. The analysis also considers the challenges and criticisms of this movement, including its implementation difficulties and potential contradictions. Finally, the article reflects on the European legal landscape, where the recognition of legal personality for the Mar Menor lagoon in Spain represents a groundbreaking development. This case, alongside recent constitutional debates, suggests that European legal systems may be gradually opening up to a more ecocentric perspective.