Natural law and the rights of nature – in search of more effective environmental protection
The paper discusses innovative legal regulations that may contribute to increasing standards ofenvironmental protection. In the face of increasing nature degradation and climate change, current protection measures are insufficient. The dysfunction of the political system, international institutiona...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2023-12-01
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| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
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| Online Access: | https://150.254.65.4/index.php/ppuam/article/view/42581 |
| _version_ | 1797256232197685248 |
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| author | Samanta Kowalska |
| author_facet | Samanta Kowalska |
| author_sort | Samanta Kowalska |
| collection | DOAJ |
| description |
The paper discusses innovative legal regulations that may contribute to increasing standards ofenvironmental protection. In the face of increasing nature degradation and climate change, current protection measures are insufficient. The dysfunction of the political system, international institutionalisation, and existing legal regulations, result in the strengthening of the global economy instead of increasing the extent of activities aimedattheprotection of nature. It is argued that the concept of natural law, which focuses on the protection of human rights, is not the same as the rights of nature. However, the analysis of the origins and axiological and legal assumptions of boththese concepts allows us to formulate the conclusion that both can form a common ethical perspective needed in order to protect the community of life on Earth. The aim of the considerations is to discuss the concept of the rights of nature, which are the basis for shaping the new environmental ethics. Appealing to common axioms, the idea of the rights of nature favours overcoming the limitations resulting from property law and the currently dominant economic and utilitarian factors. The paper arguesthat the environmentally-profiled rights of nature can become an ally in environmental protection.
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| first_indexed | 2024-04-24T22:18:28Z |
| format | Article |
| id | doaj.art-a0707df0a7c7471cb3a9b449155ddcdc |
| institution | Directory Open Access Journal |
| issn | 2083-9782 2450-0976 |
| language | English |
| last_indexed | 2024-04-24T22:18:28Z |
| publishDate | 2023-12-01 |
| publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
| record_format | Article |
| series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| spelling | doaj.art-a0707df0a7c7471cb3a9b449155ddcdc2024-03-20T08:02:57ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762023-12-011510.14746/ppuam.2023.15.13Natural law and the rights of nature – in search of more effective environmental protectionSamanta Kowalska0https://orcid.org/0000-0002-8803-3901University of Kalisz The paper discusses innovative legal regulations that may contribute to increasing standards ofenvironmental protection. In the face of increasing nature degradation and climate change, current protection measures are insufficient. The dysfunction of the political system, international institutionalisation, and existing legal regulations, result in the strengthening of the global economy instead of increasing the extent of activities aimedattheprotection of nature. It is argued that the concept of natural law, which focuses on the protection of human rights, is not the same as the rights of nature. However, the analysis of the origins and axiological and legal assumptions of boththese concepts allows us to formulate the conclusion that both can form a common ethical perspective needed in order to protect the community of life on Earth. The aim of the considerations is to discuss the concept of the rights of nature, which are the basis for shaping the new environmental ethics. Appealing to common axioms, the idea of the rights of nature favours overcoming the limitations resulting from property law and the currently dominant economic and utilitarian factors. The paper arguesthat the environmentally-profiled rights of nature can become an ally in environmental protection. https://150.254.65.4/index.php/ppuam/article/view/42581natural lawrights of naturehuman rightsbioculturalismenvironmental lawenvironmental ethics |
| spellingShingle | Samanta Kowalska Natural law and the rights of nature – in search of more effective environmental protection Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza natural law rights of nature human rights bioculturalism environmental law environmental ethics |
| title | Natural law and the rights of nature – in search of more effective environmental protection |
| title_full | Natural law and the rights of nature – in search of more effective environmental protection |
| title_fullStr | Natural law and the rights of nature – in search of more effective environmental protection |
| title_full_unstemmed | Natural law and the rights of nature – in search of more effective environmental protection |
| title_short | Natural law and the rights of nature – in search of more effective environmental protection |
| title_sort | natural law and the rights of nature in search of more effective environmental protection |
| topic | natural law rights of nature human rights bioculturalism environmental law environmental ethics |
| url | https://150.254.65.4/index.php/ppuam/article/view/42581 |
| work_keys_str_mv | AT samantakowalska naturallawandtherightsofnatureinsearchofmoreeffectiveenvironmentalprotection |