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Science and the legal rights of nature

Epstein, Yaffa ; Ellison, Aaron M. ; Echeverría, Hugo and Abbott, Jessica K. LU orcid (2023) In Science 380(6646).
Abstract

We review the use of science by lawmakers and courts in implementing or rejecting legal rights for nature in Ecuador, India, the United States, and other jurisdictions where some type of rights of nature have been recognized in the legal system. We then use the “right to evolve” to exemplify how interdisciplinary work can (i) help courts effectively define what this right might entail; (ii) inform how it might be applied in different circumstances; and (iii) provide a template for how scientists and legal scholars can generate the interdisciplinary scholarship necessary to understand and implement the growing body of rights-of-nature laws, and environmental law more generally. We conclude by pointing to what further research is needed... (More)

We review the use of science by lawmakers and courts in implementing or rejecting legal rights for nature in Ecuador, India, the United States, and other jurisdictions where some type of rights of nature have been recognized in the legal system. We then use the “right to evolve” to exemplify how interdisciplinary work can (i) help courts effectively define what this right might entail; (ii) inform how it might be applied in different circumstances; and (iii) provide a template for how scientists and legal scholars can generate the interdisciplinary scholarship necessary to understand and implement the growing body of rights-of-nature laws, and environmental law more generally. We conclude by pointing to what further research is needed to understand and effectively implement the growing body of rights-of-nature laws.

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Please use this url to cite or link to this publication:
author
; ; and
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
Science
volume
380
issue
6646
article number
eadf4155
publisher
American Association for the Advancement of Science (AAAS)
external identifiers
  • pmid:37200429
  • scopus:85159770775
ISSN
0036-8075
DOI
10.1126/SCIENCE.ADF4155
language
English
LU publication?
yes
id
9e875121-2c1c-4733-a7ec-f28894743aeb
date added to LUP
2023-08-21 15:47:15
date last changed
2024-04-20 02:12:45
@article{9e875121-2c1c-4733-a7ec-f28894743aeb,
  abstract     = {{<p>We review the use of science by lawmakers and courts in implementing or rejecting legal rights for nature in Ecuador, India, the United States, and other jurisdictions where some type of rights of nature have been recognized in the legal system. We then use the “right to evolve” to exemplify how interdisciplinary work can (i) help courts effectively define what this right might entail; (ii) inform how it might be applied in different circumstances; and (iii) provide a template for how scientists and legal scholars can generate the interdisciplinary scholarship necessary to understand and implement the growing body of rights-of-nature laws, and environmental law more generally. We conclude by pointing to what further research is needed to understand and effectively implement the growing body of rights-of-nature laws.</p>}},
  author       = {{Epstein, Yaffa and Ellison, Aaron M. and Echeverría, Hugo and Abbott, Jessica K.}},
  issn         = {{0036-8075}},
  language     = {{eng}},
  number       = {{6646}},
  publisher    = {{American Association for the Advancement of Science (AAAS)}},
  series       = {{Science}},
  title        = {{Science and the legal rights of nature}},
  url          = {{http://dx.doi.org/10.1126/SCIENCE.ADF4155}},
  doi          = {{10.1126/SCIENCE.ADF4155}},
  volume       = {{380}},
  year         = {{2023}},
}