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Nature Is Becoming a Person

69 points| evilsimon | 4 years ago |foreignpolicy.com | reply

61 comments

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[+] roca|4 years ago|reply
Normally, both natural and artificial persons have responsibilities as well as rights. But a gorilla or a river obviously can't have responsibilities... Therefore at most they can be considered a rather limited kind of person, more like a human infant or an intellectually incapable adult than a regular human or an organisation of regular humans.

Then of course it falls to humans to determine what the best interests of these "persons" are, and to actually pursue those interests, and to judge whether those humans acting on behalf of these "persons" are actually acting in good faith (and what do we do if they aren't?).

Seems to me this "personhood" concept mainly muddies the waters (so to speak) and it would be simpler to pursue conservation ends without it.

[+] DyslexicAtheist|4 years ago|reply
> both natural and artificial persons have responsibilities as well as rights

the problem with legal persons is that we hold them to the same standard as a natural person but their ability to do damage far exceeds anything a natural person can do. terrible decisions are being made by groups that do not reflect the individual. Many crimes are committed by legal persons are only punishable by losing trust from shareholders (lying to investors is much easier to get away with for legal than for natural persons - e.g. they're not crimes for legal persons in the same sense), a natural person would often go to jail for similar actions. Tobacco industry or oil industry would have no executives because they'd all have be doing time. the Sacklers would be hanging from a tree, and Elon Musk would be have to pay taxes.

> Seems to me this "personhood" concept mainly muddies the waters

there is nothing wrong with designating whole regions as off limits to humans. Ban any form of tourism or commercial exploitation etc in parts of the world is the only option IMHO.

[+] aradox66|4 years ago|reply
Non-human natural persons absolutely have responsibilities. The plants are responsible for photosynthesizing, the fungi for decomposition, etc. They do their holy work and we all get to stay alive, if we hold up our end of things as well.
[+] dfxm12|4 years ago|reply
and it would be simpler to pursue conservation ends without it.

I doubt it. Look at corporate personhood and how it applies to Citizens United, being able to sue and tax a corporation, etc. Also look at how conservation protections have been put in place over the years compared to corporate protections. Treating corporations as a "person" opened the doors for a lot of simpler legal tools.

[+] musingsole|4 years ago|reply
> Seems to me this "personhood" concept mainly muddies the waters

As personhood is legally expanded it only follows that other consequences of it will change as well. If it's traditional for personhood to stipulate responsibilities but personhood is too good of a defense for these assets, then I'd bet the responsibilities will shift into a different classification. We already have similar splits between personhood and citizenship.

[+] jklinger410|4 years ago|reply
The term responsibilities is very loaded here. Can you elaborate?
[+] ciconia|4 years ago|reply
> Then of course it falls to humans to determine what the best interests of these "persons" are, and to actually pursue those interests, and to judge whether those humans acting on behalf of these "persons" are actually acting in good faith (and what do we do if they aren't?).

No it doesn't. All we need to do is to acknowledge that non-humans are not lesser than us, and that our most important responsibility as humans is to not abuse our mental and technological advantages.

[+] 0fuchs|4 years ago|reply
I think it would be interesting to do away with the concept of legal personhood for everyone. Alabama got rid of marriage, making it a private spiritual thing. Why not atomic identity in self and the few we really WANT to let in?

I can be a socially amenable person without a legal status. We’d still police and service the usual.

The story of “I did this…” is entirely bullshit these days. 5% hunt still. It’s all modern logistics. Why the redundant finance network? How many distributed ledgers do we need?

Even in paper form, the value of currency is coupled to abstract belief in a national identity.

[+] unglaublich|4 years ago|reply
The fact that you consider infants and intellectually incapable adults as "limited kinds of persons" says enough about the superiority complex that underlies the problem of humanity exploiting all natural resources.
[+] Borrible|4 years ago|reply
Ah, like in the olden days? Back then, when everything we gave a name, thereby got a a soul?

"Myth is already enlightenment, and enlightenment reverts to mythology."

Adorno, T. W., and Max Horkheimer. [1947] 2002. Dialectic of Enlightenment, translated by E. Jephcott. Stanford: Stanford University Press.

[+] FooBarBizBazz|4 years ago|reply
That was my first thought too: "We used to call her Gaia".
[+] kingcharles|4 years ago|reply
This movement to make animals and natural features of the environment (mountains, rivers, lakes etc) fit the definition of a "person" for legal purposes has been gaining a ton of momentum over the last decade and is incredibly important for the future of the environment. It will allow these rivers etc to sue entities for damaging them, and can stop harmful developments that are in the planning stages.

It didn't help this monkey with his selfie though:

https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...

And out of interest, the Illinois Attorney General essentially ruled that I did not fit the meaning of the word "person" under the law because I was a pretrial detainee being held at a county jail, and the rights I was fighting for (workers' comp) only applied to a "person", not to me.

[+] zestyping|4 years ago|reply
If a river can sue, does it have property rights? What happens to the damages paid? What does it mean for a river to own a bank account? It cannot make decisions. This doesn't make any sense.

How does the concept of personhood provide anything beyond or different from passing a law that protects a river?

[+] imgabe|4 years ago|reply
Sure, the river can sue people who pollute it, but if the river floods my house can I sue the river?
[+] gumby|4 years ago|reply
Why not? The joint stock corporation (a marvelous invention, but just a machine) has, though misunderstanding of Latin, gained all sorts of personhood in US law at least.

It’s only fair that this be extended to animate, and perhaps inanimate, objects as well.

[+] leggomuhgreggo|4 years ago|reply
I think is potentially more sinister than it seems: https://unlimitedhangout.com/2021/10/investigative-reports/w... >A project of the multilateral development banking system, the Rockefeller Foundation and the New York Stock Exchange recently created a new asset class that will put, not just the natural world, but the processes underpinning all life, up for sale under the guise of promoting “sustainability.”

In and of itself a policy giving legal standing to the environment seem really promising — and no doubt in certain instances, that's probably the case. But we should be careful to distinguish between policy nuances and what tradeoffs may be at play.

[+] ausbah|4 years ago|reply
next step will to be to put it on a blockchain
[+] dragonelite|4 years ago|reply
Let me guess now the US can take and interfere under the banner of "human right" because those global south savages can't manage their lands.
[+] salemh|4 years ago|reply
Its a bit more global then that, but correct: Natural Asset Corporations which is by the largest mega-corps in the world. https://www.hklaw.com/en/insights/publications/2021/11/natur... >According to experts, the financial resources needed to protect natural ecosystems face a dramatic shortfall. With the announcement of NACs, the capital markets continue to respond in novel ways, creating financial mechanisms aimed at protecting, restoring and growing natural areas.

Some will say this is a 'conspiracy' site despite all the sourced connecting quotes, and legal outcomes, related to these vehicles. https://unlimitedhangout.com/2021/10/investigative-reports/w...

[+] unglaublich|4 years ago|reply
Humanity has been reaping scarce natural resources for centuries. We have never paid a price to nature, or to future beings that would have wanted to use those resources, because they cannot defend themselves. This is our biggest mistake.
[+] amelius|4 years ago|reply
Yes, nature is not a single person, it's all future people. We're outnumbered.
[+] alangibson|4 years ago|reply
I'm uncomfortable with the idea of legal personhood, but if we extend it to certain types of businesses then we absolutely must extend it to the environment. Otherwise, get ready to live on Arakis.

It's happening in drips and drabs with domesticated animals anyway.

[+] kenjackz|4 years ago|reply
Each creature on the Earth has this special role embedded deep within ourselves, a reason that balances our Earth's ecosystem in its special way.