In the name of nature: Activists, experts, and the law
Au nom de la nature : activistes, experts et tribunaux
Civilisations journal (vol.73, 2024)
Revue Civilisations, volume 73 (2024)
Published on Wednesday, May 31, 2023
Abstract
In recent decades, debates over the protection of animals and nature have become more prominent worldwide and are increasingly having an impact on legal proceedings. This special issue will approach these disputes from an anthropological perspective by considering the relevant debates and court decisions, and by examining the role of scientific expertise and the interplay between local situations and the global discourse. The aim of this issue is to explore how activists, scientists, and the legal community approach the environmental damage caused by human activity and the threats it poses to different animal species. In particular, this issue considers how any potential tensions or conflicts arising from these threats end up being arbitrated by courts.
Announcement
Guest editors
- Daniela Berti (CNRS, France)
- Vanessa Manceron (CNRS, France)
- Sandrine Revet (SciencesPo, France)
Argumentary
State of the art
The protection of ecosystems or animal welfare is commonly regarded as being based more on human duties than on ‘rights’ per se. Attitudes to these issues are, however, changing. The ‘self-interest’ of nature or animals is increasingly emphasised. In relation to animals, this refers to the right not to be subjected to unnecessary suffering and to live in conditions that meet the animals’ individual needs: the European Union, for example, adopted a resolution in 2007 in favour of the welfare of animals as ‘sentient beings’. Moreover, as early as 1982, the World Charter for Nature, a code of conduct drawn up by the United Nations, advocated a shift from an anthropocentric view of nature to an 'eco-centric' approach whereby nature is recognised as having intrinsic value independently of human needs.
These initiatives are intersecting converge with developments in anthropological theory concerning the status of animals and the environment. The so-called ‘animalist turn’ marks an important step in the reassessment of the relationship between humans and nature. A similar approach has been taken by philosophers, lawyers and activists who are questioning the lines between humans and animals, especially animals with higher cognitive abilities.
This shift in how we conceive of nature and animals has been accompanied by a sense of urgency to preserve whatever we can. Although environmental protection and animal protection have different histories, these issues are now intertwined. It has sometimes been suggested that we should rethink the legal relationships binding us both to animals and to various elements of nature. Legally speaking, animals are property that can be owned and disposed of. Although they benefit from certain protections, animals are not persons in law and cannot be represented in court. In order to ‘give them a voice’, therefore, some scholars are now proposing that animals should be accorded a 'legal personality. Indeed, legislative bodies or courts in several countries have already granted legal personhood to various natural resources (as in Bolivia, Canada, India, New Zealand, etc.). In such cases, therefore, the question is, how does this status relate to that of humans?
In practice, there is no consensus on which legal strategies should be followed to ensure the protection of the environment and animals in justice systems. While some lawyers or activists have advocated radical legal reforms for example, by granting ‘legal personality’ to animals or to elements of the environment), most commentators are satisfied with the prospect of minor adjustments to existing legal frameworks. And, in practice, almost all disputes are resolved by applying existing laws and case law.
Possible approaches
In order to understand how relations between humans, nature, and animals are governed by law, and how the environment and animals become entangled in legal cases and are taken to court, on the one hand, we have to view the functioning of the law as an institution integrated into social relations rather than a separate or isolated sphere. On the other hand, we also have to regard the various protagonists involved not as collective bodies whose operating mechanisms could be studied as a given reality, but as a scene for the interactions of different realms of action and interpretation.
This issue of Civilisations will consider a diverse range of cases which might involve various spheres of authority as well as a variety of social actors and interests. This approach offers a privileged vantage point for studying the interplay, conflicts of power, representations, or values of these actors and interests: what are the various components – scientific, cultural, religious, economic, political, and legal – of the corresponding issues? What meanings are implied when we talk about (moral or legal) rights? How are key concepts discussed (for instance, concerning animals, or the notions of personality, dignity, cruelty, or necessity)? More broadly speaking, trials and judicial procedures therefore provide an opportunity to simultaneously address a situation and discourses on the situation. As Merry (1990) argued, “the process of disputing is one of quarrelling over interpretations of social relationships and events. Parties raise competing pictures of how things are as each strives to establish his or her own portrayal of the situation as authoritative and binding”.
To grasp the complexity of these cases, we believe it is necessary to study what happens at the local level in a detailed way, drawing on ethnographical and anthropological approaches. These case studies may have an effect on the legal process itself as well as on how it is prepared, or its impact. Prospective authors should focus on the role of local people, activists, or NGOs as guardians of justice, protagonists in court cases, or legal custodians, and on the arguments developed by the scientists and lawyers who might be called upon to support one of the sides involved in a trial.
How to submit a proposal?
Submissions for articles may be sent in French or British English, and should include a title, an abstract (500 words maximum), and 4-5 keywords. All these elements should be sent by email to the editorial assistant, Ms Isabelle Renneson: Isabelle.Renneson@ulb.be
by 20 June 2023
The instructions to authors are available on: https://journals.openedition.org/civilisations/5227
We advice you to refer to the Bibliographic Guide for the formatting of your bibliographic references cited at the end of the article (see attached)
Subjects
- Ethnology, anthropology (Main category)
- Periods > Modern
Date(s)
- Tuesday, June 20, 2023
Keywords
- nature, animal, protection, loi, affaire judiciaire, ethnographie
Contact(s)
- Gil Bartholeyns
courriel : gil [dot] bartholeyns [at] univ-lille [dot] fr - Isabelle Renneson
courriel : RevueCivilisations [at] ulb [dot] be
Reference Urls
Information source
- Isabelle Renneson
courriel : RevueCivilisations [at] ulb [dot] be
License
This announcement is licensed under the terms of Creative Commons - Attribution 4.0 International - CC BY 4.0 .
To cite this announcement
Daniela Berti, « In the name of nature: Activists, experts, and the law », Call for papers, Calenda, Published on Wednesday, May 31, 2023, https://doi.org/10.58079/1b9l
