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11 - Property for Nature

from Part III - Perspectives

Published online by Cambridge University Press:  16 March 2023

By
Yaëll Emerich
Edited by
Sandy Lamalle  and
Peter Stoett
Sandy Lamalle
Affiliation:
Concordia University, Montréal
Peter Stoett
Affiliation:
Ontario Tech University
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Summary

Property law is increasingly confronted with limits and modifications arising from environmental and social contexts. The objective of this chapter is to highlight how property law can provide answers to environmental challenges, by adapting several of its fundamental concepts to the polymorphism of environmental and social issues. Starting with a study of the theoretical movement of Earth jurisprudence, the chapter suggests that it is possible to consider Nature as a subject of legal interests, allowing it to acquire legal standing. It also suggests that it is necessary to reconceptualise property and its narrative to develop, in both civil and common law, a more limited, relational and functional conception of property. In addition, the polymorphic heritage of property law makes it possible to call upon the civilian concept of patrimony, in its symbolic or technical function, to protect the environment.

Keywords

property lawnaturebiocentrismecocentrismcivil lawcommon lawpatrimonyecosystemslegal subjecttrust
Type
Chapter
Information
Representations and Rights of the Environment , pp. 259 - 286
Publisher: Cambridge University Press
Print publication year: 2023

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References

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