Rights of Nature in 21st Century and Anthropology of the Earth:

Steps Toward a Legal Ontological Turn?

Abstract

  By “Rights of Nature,” we mean legal systems in which not only humans but also “nature,” including the earth, rivers, plants, and animals, have rights and legal personality. This article is an attempt to identify the intersection of constitutional law studies and the “anthropology of the earth,” by reviewing the historical development and discussion of the “Rights of Nature”.

  This paper traces the changes in the debate and cases surrounding the “Rights of Nature” from the 1970s to the 2020s. Focusing on the case of the United States in particular, this paper highlights the characteristics of the “right to nature” in the 21st century and the intersection between constitutional theories and contemporary anthropology.