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Extending law beyond the human, the book probes the conceptual openings, methodological challenges and ethical conundrums of law in a time of deep socio-ecological disturbances and transitions. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents— rather than mere recipients of state-sanctioned rights—transform what we mean by “law” and “rights of nature”? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking and decision-making protocols. Weaving together various fields of knowledge and world-making practices that include—but are not limited to—Indigenous legal traditions, Earth Law and multispecies ethnography, Law, Humans and Plants focuses on the entanglement of law, ecology and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general postanthropocentric legal theory which is proposed, a tool to address socioecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth Law and ecological law, legal theory and critical legal studies as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology and sustainability and climate change justice.
Extending law beyond the human, the book probes the conceptual openings, methodological challenges and ethical conundrums of law in a time of deep socio-ecological disturbances and transitions. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents— rather than mere recipients of state-sanctioned rights—transform what we mean by “law” and “rights of nature”? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking and decision-making protocols. Weaving together various fields of knowledge and world-making practices that include—but are not limited to—Indigenous legal traditions, Earth Law and multispecies ethnography, Law, Humans and Plants focuses on the entanglement of law, ecology and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general postanthropocentric legal theory which is proposed, a tool to address socioecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth Law and ecological law, legal theory and critical legal studies as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology and sustainability and climate change justice.
"Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in the Andes-Amazon. It is critical to probe new analytical frameworks that integrate other-than-human beings within legal institutions and decision-making protocols. Such an approach weaves together various fields of knowledge and world-making practices that include Indigenous legal traditions, ecological law, multispecies ethnography, and ecological economics. I discuss how human and other-than-human beings such as medicinal plants and what Indigenous in Southwestern Colombia call the “invisible ones,” co-create legal protocols and institutions. It studies the conceptual openings, methodological challenges, and ethical conundrums of this approach for Earth Law, particularly the rights of nature. What happens when we consider forms of agency beyond symbolic and multicultural frameworks in legal theory and practice? How does a law that emerges from plant-human-invisible peoples' entanglements challenge concepts of justice, agency, and value in times of socio-ecological transitions? How do forests become legal agents through different sets of territorial practices? My dissertation combines a multi-sited ethnography, and post-humanist approaches in anthropology, law, and decision-making theory to study the entangled lives of law and ecology in Colombia, as well as the potential contributions of this framework towards a post-anthropocentric legal theory. In conversation with biologists, Indigenous practitioners from the Cofán and the Inga communities, legal scholars, and medicinal plants, particularly Paullinia yoco and Banisteriopsis caapi, Legal Lives looks at how legal institutions emerge from the fabric of human and other-than-human forms of agency. This relational approach is at the core of Earth Law and the radical paradigm shift it proposes for legal theory and practice in Latin America. The dissertation is divided into three parts. The first one (I. Law-Otherwise) ethnographically follows relationships between medicinal plants and legal protocols: chapter 1 includes three sub-chapters with the name of three different plants where I discuss the implications of vegetal agencies for socio-legal thought in the Andes-Amazon. Chapter 2 focuses on the making of an ethnobotanical research protocol with humans, plants, and what members of the Cofán community in the regions of Nariño and Putumayo refer to as the invisible people. Thus, part I provides an ethnographic and conceptual basis to support the theoretical claims of part II: The Rights of Nature: Limits and Possibilities. Part II addresses the conceptual limits and political possibilities of the Rights of Nature in the context of Earth Law. By attending to the social and legal worlds of other-than-human beings introduced in the first part, it re-imagines fundamental premises of social and legal sciences at present: the idea that the law is primarily symbolic or propositional (Ch. 3); the notion that rights and responsibilities are commensurable across different legal cultures and cosmologies, and that legal personhood is fundamental for legal redress (Ch.4). Part III (Rhizomatic Agencies) reviews and summarizes the argument concerning agency and discusses how parts I and II could serve as tools for legal transformation in concrete scenarios of learning and judicial decision-making. A summary of agency theory with ethnographic insights from the first section, Ch. 5 dives into the limits of individual and collective forms of agency and explores the possibility of plural and rhizomatic agencies that include other-than-human beings in decision-making. Ch. 6 can be considered as coursework material concerning Indigenous legalities. It refers to a specific Indigenous legal tradition—the Inga—as it transforms State law, while contributing with the Earth Law movement. The dissertation closes with a syllabus on “Indigenous legal traditions."--
A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy-makers. This is of concern not only to lawyers, but also to agronomists, biologists, and social scientists, all of whom need clear guidance as to the relevance of the law to their work. This book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) – the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders’ rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the ‘commons’ movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.
Is it possible that plants have shaped the very trajectory of human cultures? Using riveting stories of fieldwork in remote villages, two of the world’s leading ethnobotanists argue that our past and our future are deeply intertwined with plants. Creating massive sea craft from plants, indigenous shipwrights spurred the navigation of the world’s oceans. Today, indigenous agricultural innovations continue to feed, clothe, and heal the world’s population. One out of four prescription drugs, for example, were discovered from plants used by traditional healers. Objects as common as baskets for winnowing or wooden boxes to store feathers were ornamented with traditional designs demonstrating the human ability to understand our environment and to perceive the cosmos. Throughout the world, the human body has been used as the ultimate canvas for plant-based adornment as well as indelible design using tattoo inks. Plants also garnered religious significance, both as offerings to the gods and as a doorway into the other world. Indigenous claims that plants themselves are sacred is leading to a startling reformulation of conservation. The authors argue that conservation goals can best be achieved by learning from, rather than opposing, indigenous peoples and their beliefs. KEY FEATURES • An engrossing narrative that invites the reader to personally engage with the relationship between plants, people, and culture • Full-color illustrations throughout—including many original photographs captured by the authors during fieldwork • New to this edition—"Plants That Harm," a chapter that examines the dangers of poisonous plants and the promise that their study holds for novel treatments for some of our most serious diseases, including Alzheimer’s and substance addiction • Additional readings at the end of each chapter to encourage further exploration • Boxed features on selected topics that offer further insight • Provocative questions to facilitate group discussion Designed for the college classroom as well as for lay readers, this update of Plants, People, and Culture entices the reader with firsthand stories of fieldwork, spectacular illustrations, and a deep respect for both indigenous peoples and the earth’s natural heritage.
Author : Anna M. Babel Publisher : University of Arizona Press Page : 281 pages File Size : 18,36 MB Release : 2018-03-27 Category : Social Science ISBN : 0816538131
Why can’t a Quechua speaker wear pants? Anna M. Babel uses this question to open an analysis of language and social structure at the border of eastern and western, highland and lowland Bolivia. Through an exploration of categories such as political affiliation, ethnic identity, style of dress, and history of migration, she describes the ways that people understand themselves and others as Quechua speakers, Spanish speakers, or something in between. Between the Andes and the Amazon is ethnography in storytelling form, a rigorous yet sensitive exploration of how people understand themselves and others as members of social groups through the words and languages they use. Drawing on fifteen years of ethnographic research, Babel offers a close examination of how people produce oppositions, even as they might position themselves “in between” those categories. These oppositions form the raw material of the social system that people accept as “normal” or “the way things are.” Meaning-making happens through language use and language play, Babel explains, and the practice of using Spanish versus Quechua is a claim to an identity or a social position. Babel gives personal perspectives on what it is like to live in this community, focusing on her own experiences and those of her key consultants. Between the Andes and the Amazon opens new ways of thinking about what it means to be a speaker of an indigenous or colonial language—or a mix of both.
This handbook explores, contextualises and critiques the relationship between anthropocentrism – the idea that human beings are socially and politically at the centre of the cosmos – and international law. While the critical study of anthropocentrism has been under way for several years, it has either focused on specific subfields of international law or emanated from two distinctive strands inspired by the animal rights movement and deep ecology. This handbook offers a broader study of anthropocentrism in international law as a global legal system and academic field. It assesses the extent to which current international law is anthropocentric, contextualises that claim in relation to broader critical theories of anthropocentrism, and explores alternative ways for international law to organise relations between humans and other living and non-living entities. This book will interest international lawyers, environmental lawyers, legal theorists, social theorists, and those concerned with the philosophy and ethics of ecology and the non-human realms.
This book examines the concept of liberty in relation to civilization’s ability to live within ecological limits. Freedom, in all its renditions – choice, thought, action – has become inextricably linked to our understanding of what it means to be modern citizens. And yet, it is our relatively unbounded freedom that has resulted in so much ecological devastation. Liberty has piggy-backed on transformations in human–nature relationships that characterize the Anthropocene: increasing extraction of resources, industrialization, technological development, ecological destruction, and mass production linked to global consumerism. This volume provides a deeply critical examination of the concept of liberty as it relates to environmental politics and ethics in the long view. Contributions explore this entanglement of freedom and the ecological crisis, as well as investigate alternative modernities and more ecologically benign ways of living on Earth. The overarching framework for this collection is that liberty and agency need to be rethought before these strongly held ideals of our age are forced out. On a finite planet, our choices will become limited if we hope to survive the climatic transitions set in motion by uncontrolled consumption of resources and energy over the past 150 years. This volume suggests concrete political and philosophical approaches and governance strategies for learning how to flourish in new ways within the ecological constraints of the planet. Mapping out new ways forward for long-term ecological well-being, this book is essential reading for students and scholars of ecology, environmental ethics, politics, and sociology, and for the wider audience interested in the human–Earth relationship and global sustainability.