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Reframing rights and responsibilities to prioritize nature

In: Law and Policy for a New Economy

Author

Listed:
  • Catherine Iorns Magallanes
  • Linda Sheehan

Abstract

If we want to encourage the emergence of the new economy that is envisaged in his book, then the legal framework that supports it will need to change. This chapter outlines the essentials of a legal framework that arises from a paradigm that recognizes the importance of nature and re-prioritizes humans’ place within it. It focuses on three essential elements: the recognition of the intrinsic value of nature, the recognition of inherent rights of nature, and the establishment of a framework of human responsibility for nature. Such a legal framework would entail a paradigm shift; however, adoption of such elements in law can also help achieve such a shift in mindset as well as in practice. To this end, this chapter includes examples of existing and proposed laws adopting these three essential and intertwined elements, with global focus areas that include California and Aotearoa New Zealand.

Suggested Citation

  • Catherine Iorns Magallanes & Linda Sheehan, 2017. "Reframing rights and responsibilities to prioritize nature," Chapters, in: Melissa K. Scanlan (ed.), Law and Policy for a New Economy, chapter 4, pages 70-96, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:17515_4
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