Re-forming property to address eco-social fragmentation and rift

Bibliographic Data

ID12937019
AuthorsMargaret Davies (0000-0003-1546-7204, Flinders University, corresponding author)
Year2021
Volume12
Issue0
Pages13-37
Publication date2021-12-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueJournal of Human Rights and the Environment (JOURNAL)
Journal identifiersISSN: 1759-7188 • E-ISSN: 1759-7196
PublisherEdward Elgar Publishing (PUBLISHER • GB)
DOI10.4337/jhre.2021.00.01
OpenAlexW4206735716
LanguageEN
Citations received1
References cited2

Two concepts that bridge the nature-human divide may help to diagnose and address some of the present and future problems of eco-social change in a legal context. ‘Fragmentation’ refers to loss and degradation of the habitat of nonhuman life. It is also a useful concept for understanding the fracturing of the material conditions for human life in a modern globalised world. The notion of ‘metabolic rift’, derived from Marx by John Bellamy Foster, refers to a break in the human-nonhuman circulation of natural materials, brought on by industrial agriculture and urbanisation. These related ideas provide a frame for exploring the connections between social and environmental justice and the role played by legal forms such as private property. In keeping with the imperative to re-form legal concepts to account for eco-social existence, the article presents a view of property as human and nonhuman habitat. This approach aims to use law to help recreate the conditions for the constructive inter-dependence of social and environmental goods

Constructive · Context (archaeology · Environmental ethics · Environmental justice · Epistemology · Geography · Law and economics · Political science · Process (computing · Property (philosophy · Sociology · Environmental law and policy · Law · Property Rights and Legal Doctrine · Wildlife Conservation and Criminology Analyses

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