The Rights of Nature

A Legal Revolution That Could Save the World

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Pub Date Sep 05 2017 | Archive Date Oct 02 2017

Description

An important and timely recipe for hope for humans and all forms of life

Palila v Hawaii. New Zealand’s Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building — in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it.

Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species — from birds to lions — have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems — rivers, forests, mountains, and more — have legally enforceable rights. And if nature has rights, then humans have responsibilities.

In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

An important and timely recipe for hope for humans and all forms of life

Palila v Hawaii. New Zealand’s Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a...


A Note From the Publisher

David R. Boyd is an environmental lawyer, professor, and advocate for recognition of the right to live in a healthy environment. Boyd is the award-winning author of eight books, including The Optimistic Environmentalist, and co-chaired Vancouver’s Greenest City initiative with Mayor Gregor Robertson. He lives on Pender Island, B.C. For more information, visit DavidRichardBoyd.com.

David R. Boyd is an environmental lawyer, professor, and advocate for recognition of the right to live in a healthy environment. Boyd is the award-winning author of eight books, including The...


Advance Praise

“This is a real-life legal thriller. Imagine constitutions and laws acknowledging that rivers and ecosystems have rights and cannot be owned by humans. Envision judges recognizing that sentient animals are ‘legal persons’ and should no longer be regarded as property. Leading environmental lawyer David Boyd takes us on a trip around the world to look at these stunning shifts in humanity's relationship with nature. A pioneering work.” — David Suzuki, award-winning scientist, environmentalist, and broadcaster


“The rights of nature movement is needed now more than ever, especially if we hope to ensure the well-being of Earth’s species and ecosystems for this, and future, generations. David Boyd compellingly helps to chart that journey.” — Terry Tamminen, CEO of the Leonardo DiCaprio Foundation

“This is a real-life legal thriller. Imagine constitutions and laws acknowledging that rivers and ecosystems have rights and cannot be owned by humans. Envision judges recognizing that sentient...


Available Editions

EDITION Other Format
ISBN 9781770412392
PRICE CA$20.99 (CAD)
PAGES 280

Average rating from 3 members


Featured Reviews

I heartily recommend this intriguing book about laws and consequences. If at one time enslaved peoples, women and non-landowners did not have legal status as persons with rights, but now they do, what is the logical progression? The author shows how cases have been brought to try to grant rights, legal person status and other issues on behalf of primates, orcas and other creatures, even to the Great Barrier Reef. We get a chapter on the various intelligences of these animals and birds, with fascinating studies and examples.

While much of the book focuses on USA with the snail darter habitat being destroyed by damming and the spotted owl being placed at risk of extermination by logging, moving forward to the corporate bullying of fracking and factory farming, other nations are studied too. India, with the Asiatic lion and the grotesquely polluted sacred river Ganja, Costa Rica and Ecuador with constitutional changes to protect rainforest habitat, Bolivia seeing a lake dry up as the glaciers that fed it have vanished due to climate change, Bolivia deciding to exploit its lithium lakes wisely by itself rather than sell the right to mine, Canada with wildlife issues and New Zealand with Maori interpretations of land use rather than ownership are the major areas visited.

A chapter looks at the history of making laws and international agreements in favour of wildlife, responsible animal care, land preservation and biodiversity conservation. From the founding of Greenpeace in 1971 to the Rio Earth Summit, we see the march of international awareness that nature is being destroyed and needs to be cherished. Extinct is forever.

Narwhal tusks rather than elephant ivory are shown to represent the trade in pieces of endangered animals. In this case as with abuse of domestic pets we see that the laws do not contain what most of us would now regard as sufficient punishment. The European Union laws are mentioned as being extremely strict, such as forbidding antibiotics to be used on animals unless to treat illnesses, and banning caged chickens. Standards may have improved slowly but the EU can be credited with removing many draconian abuses of women as well as animals and waterways.

The individuals with vision include lawyers, judges, scientists, environmentalists and farmers as well as native communities. And it's lovely to read of successes - probably due to public opinion rather than legal pressure - such as a company experimenting on chimpanzees which had resisted calls of habeas corpus, finally giving in and sending more than 200 chimps to a sanctuary.

I can strongly recommend The Rights Of Nature to students of law, natural history, environmental campaigns; and human rights. Because the right to clean water, clean air, and a clean natural environment, with wildlife preserved for future generations to enjoy, is a strong element of winning court battles. The writing style is fluid and fact-filled, suitable for a second level student with an interest in the issues, though the lengthy legal disputes are best for third level students or other interested adults. I would have liked some photographs and graphs.

I downloaded an ARC from Net Galley. This is an unbiased review.

Notes and references are on pages 235 - 250 in my e-ARC. I counted 40 names that I could be sure were female.
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