About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2021 U. Ill. L. Rev. 545 (2021)
We Are the River

handle is hein.journals/unilllr2021 and id is 559 raw text is: WE ARE THE RIVER David Takacs* The New Zealand Parliament has recently granted the Whanganui River and the Te Urewera mountain ecosystem rights as legal persons, with a Mdori governing board to speak for the nonhuman entities, based upon traditional cultural precepts. Far from an isolated precedent, in what the U.N. Secretary General calls the fastest growing legal movement of the twenty-first century, legislatures, courts, or voters in Australia, Colombia, Ecuador, Bangladesh, India, Uganda, and the U.S. have also declared that rivers and other living systems have legal rights. This Article chronicles the movement to grant nonhuman entities legal rights. I analyze the statutes and judicial opinions driving this legal evolu- tion, drawing extensively from interviews I conducted with key figures ne- gotiating and advocating for these initiatives. I explain what the current and developing laws and judicial opinions seek to achieve. Deriving from disparate historical, philosophical, and legal backgrounds, they pursue dis- parate goals; yet all of the moves to grant legal rights to nonhuman entities aim to enshrine in the law the fundamental symbiosis between human and nonhuman ecological health, and to empower suitable stewards who will nurture that symbiosis. I describe how newly vested spokespersons for na- ture seek to turn novel legal theories into real legal work that protects hu- man and nonhuman communities. I explain who now represents the nonhu- man entity and discuss what improvements-for human and nonhuman communities-they hope will redound that would not have resulted from more traditional legal protections. I also discuss early results that have emerged from grants of legal personhood to nonhuman entities. As these laws inscribe new legal relationships between people and nature, they ask: what does it mean to convert from we own the River to we are the River? I conclude that by sanctifying the interdependent re- lationship between human needs and healthy ecosystems, granting legal * Professor of Law, University of California, Hastings College of the Law, San Francisco. LL.M., Uni- versity of London, School of Oriental & African Studies; J.D., University of California Hastings College of the Law; B.S. (Biology), M.A. (History & Philosophy of Science), & Ph.D. (Science & Technology Studies), Cornell University. takacsd@uchastings.edu. I thank the people who took the time to speak with me, and I endeavor to present their worldviews accurately: Gerrard Albert, Christopher Finlayson, Ian Hicks, Michelle Maloney, Erin O'Donnell, Claudia Orange, Jorge Ivan Palacio, and Anne Poelina. I also thank Susana Aguilera, Hadar Aviram, Larry Carbone, Chris Finlayson, Chimene Keitner, James May, Michelle Maloney, Dave Owen, Michael Pappas, Zach Price, Dorit Reiss, Linda Sheehan, Michael Pappas' Online Workshop for Environmental Scholarship, and the Green Bag group at the University of Tasmania Law School for intellectual assistance. 545

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most