Non-Human Rights: Critical Perspectives

Author: Alexis Alvarez-Nakagawa; Costas Douzinas
Publisher: Edward Elgar Publishing
ISBN: 9781802208511
Published In: April 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Non-human rights are a reality today: this book unpacks their paradoxes as well as their significance for our historic crucible. As animals, rivers, mountains, rainforests, ecosystems, and synthetic entities such as machines, AI, and robots gain recognition as subjects of rights in different parts of the world, non-human rights become part of our ordinary legal landscape and vocabulary. This timely book provides a critical outlook on this rising trend at the crossroads of two of the main concerns of the 21st century: climate change and automation.

In seeking to address the foundations, genealogies, philosophies, and impacts of non-human rights, the contributors to this volume examine both their potential and limitations. Are non-human rights just a mere extension of the liberal human rights discourse or, as some suggest, something else and new based on different principles? Are they a ‘revolution’ or just ‘more of the same’? Are they a practical solution that could ‘save us’ from climate disaster and self-destruction through automation or part of the problem and obstacle for social change?

This book will be a vital resource for scholars and students of human rights, environmental law, animal rights, law and technology studies, legal theory, socio-legal studies, constitutional law and public international law. Providing an accessible overview of the changing patterns of the rights discourse in contemporary societies, it will also benefit anthropologists, climate and animal rights activists, political scientists, international relations scholars, policy makers and sociologists.

A Critical Introduction to Non-Human Rights 1

Alexis Alvarez-Nakagawa

Residual humanism 13

Colin Dayan

On the juridical existence of animals: the case of a bear in Colombia’s Constitutional Court 20

Edward Mussawir

Why nature has no rights 39

Alain Pottage

The rights of robots 66

David J. Gunkel

Who is the subject of (non) human rights? 88

Alexis Alvarez-Nakagawa