Animals, Trees and Rivers Should Have Legal Rights
Giving animals, trees and rivers legal rights is no longer a fringe idea. The Law Society, the professional body for solicitors in England and Wales, has produced a report that says that granting legal rights and protections to non-human entities such as animals, trees and rivers is critical if nations are to confront climate collapse and the collapse of habitat and biodiversity.
The report is called Law in the Emerging Bio Age. The title indicates the big shift in thinking when it comes to humanity’s view of our place in our environment alongside other creatures. The idea that we live in the “bio age” is correct. Humans can no longer rely on the conceptual framework of the Western Christian tradition, in which we are outside nature and have dominion over nature. This attitude has brought us to the brink of the extinction of our species. It has destroyed whole species in the great age of extinction caused by pollution and human activity.
It’s time to move beyond the destructive power of exploitative traditions that inform our law and our societies. We can look to societies and nations that are informed by indigenous traditions for inspiration. Ecuador for example, has enshrined legal rights for the natural world, based on the tradition of respecting the earth mother goddess, Pachamama. Bolivia has also granted rights to nature. New Zealand has granted personhood to a former National Park, Te Urewara Park, the Whanganui river and Mt Taranaki.
In the West, in certain countries and states, the law has started to consider that animals should be defined as people rather than property in divorce cases.
These changes represent promising new seeds, but more has to be done to protect the vast swathes of the earth and its creatures that are vulnerable to human exploitation. It is time to accept that we live in the “bio age,” and time to build a new legal and political framework to legislate for our connectedness to natural and animal life.
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