Abstract
One of the core tenets of Earth Jurisprudence is the facilitation of legal rights for natural entities, known collectively as the ‘rights of nature’. A major defect in the theory is that neither the optimal substantive content of these rights, nor the conception of right-holding upon which they rely, has been rigorously and coherently expounded in the existing literature. This article investigates the philosophical basis for an expanded theory of right-holding which permits certain ecological subjects, interrogating competing approaches in light of Earth Jurisprudence principles, and determines the entities to which the rights of nature can accrue. It also elaborates the ideal substance of these rights, analysing a range of candidate schemes with reference to the literature and to legal systems in which the rights of nature have already been implemented.
Keywords: rights of nature, Earth Jurisprudence, right-holding, Kramerian theory, environmental rights, environmental philosophy, environmental law
How to Cite:
Pradhan, K., (2025) “Articulating the Theory of Right-Holding and the Rights of Nature under Earth Jurisprudence”, UCL Journal of Law and Jurisprudence 14(1), 70-103. doi: https://doi.org/10.14324/111.444.2052-1871.1989
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