ABSTRACT

Legal systems of today vary widely, based on their cultural histories and religious perspectives that, in turn, characterize their worldviews, including how they treat the environment. The Rights of Nature paradigm is so new that the legal theorizing necessary to create a supple legal system with clear and workable standards has scarcely begun. However, most—if not all—of the ideas, doctrines, balancing tests, and restructurings already exist in one place or another. Here, we identify some of the subjects that will be considered and hammered into shape to change the American legal system to one in which the Rights of Nature have priority. Other topics will arise as the language is debated, votes are taken to prioritize Nature’s Rights in the legal system, and courts issue rulings.