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Non-Human Rights: Critical Perspectives

Edited by: Alexis Alvarez-Nakagawa, Costas Douzinas

ISBN13: 9781802208511
Published: April 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £105.00



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Non-human rights are a reality today: this book unpacks their paradoxes as well as their significance for our historic crucible. As animals, rivers, mountains, rainforests, ecosystems, and synthetic entities such as machines, AI, and robots gain recognition as subjects of rights in different parts of the world, non-human rights become part of our ordinary legal landscape and vocabulary. This timely book provides a critical outlook on this rising trend at the crossroads of two of the main concerns of the 21st century: climate change and automation.

In seeking to address the foundations, genealogies, philosophies, and impacts of non-human rights, the contributors to this volume examine both their potential and limitations. Are non-human rights just a mere extension of the liberal human rights discourse or, as some suggest, something else and new based on different principles? Are they a ‘revolution’ or just ‘more of the same’? Are they a practical solution that could ‘save us’ from climate disaster and self-destruction through automation or part of the problem and obstacle for social change?

This book will be a vital resource for scholars and students of human rights, environmental law, animal rights, law and technology studies, legal theory, socio-legal studies, constitutional law and public international law. Providing an accessible overview of the changing patterns of the rights discourse in contemporary societies, it will also benefit anthropologists, climate and animal rights activists, political scientists, international relations scholars, policy makers and sociologists.

Subjects:
Jurisprudence
Contents:
A Critical Introduction to Non-Human Rights 1
Alexis Alvarez-Nakagawa
1. Residual humanism 13
Colin Dayan
2. On the juridical existence of animals: the case of a bear in Colombia’s Constitutional Court 20
Edward Mussawir
3. Why nature has no rights 39
Alain Pottage
4. The rights of robots 66
David J. Gunkel
5. Who is the subject of (non) human rights? 88
Alexis Alvarez-Nakagawa
6. Deliberate legal equivocations: Making non-human persons, multiplying differences 117
Ciméa B. Bevilaqua
7. The EU Charter on Rights of Nature – colliding cosmovisions on non/human relations 140
Marie-Catherine Petersmann
8. A diplomacy for human/non-human relations: Letter to a young climate activist 163
Oscar Guardiola-Rivera
9. More-than-human rights to data 188
Jannice Käll
10. Decentring the human or rescaling the state? Grassroots movements for the ‘rights’ of nature in the United States 205
Erin Fitz-Henry
11. Non-Human Rights, Amazonian ecocide and Davi Kopenawa’s counter-ethnography of merchandise people 222
Idelber Avelar
12. Do androids dream of having rights? 239
Costas Douzinas