ABSTRACT

Extending law beyond the human, the book probes the conceptual openings, methodological challenges and ethical conundrums of law in a time of deep socio-ecological disturbances and transitions.

How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents— rather than mere recipients of state-sanctioned rights—transform what we mean by “law” and “rights of nature”? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking and decision-making protocols. Weaving together various fields of knowledge and world-making practices that include—but are not limited to—Indigenous legal traditions, Earth Law and multispecies ethnography, Law, Humans and Plants focuses on the entanglement of law, ecology and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general postanthropocentric legal theory which is proposed, a tool to address socioecological challenges such as climate change and bio-cultural loss.

This book will be of interest to scholars and students in the disciplines of environmental law, Earth Law and ecological law, legal theory and critical legal studies as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology and sustainability and climate change justice.

chapter |28 pages

Introduction

Law and the pluriverse

part I|113 pages

Law and its ontological itineraries

chapter Chapter 1|31 pages

Yoco (Paullinia Yoco)

Cooling down the mind and learning law where the law is not named as such 1

chapter Intertext 1|2 pages

The elder and the seed

chapter Chapter 2|18 pages

Yagé (Banisteriopsis caapi)

Moving words across worlds and entangled temporalities in Amazonia

chapter Intertext 2|3 pages

Tobacco as people

chapter Chapter 3|24 pages

Coca leaf (Erythroxylaceae coca)

Territories in motion and learning law with the Amazonian “mambe” 1

chapter Intertext 3|5 pages

On entanglements and encounters

An attempt at controlled speculation

chapter Chapter 4|28 pages

The making of an ethnobotanical research agreement in Southern Colombia

Yagé, invisible people and the law of the place*

part II|105 pages

On the rights of nature

chapter Chapter 5|40 pages

Sowing concepts

Towards a post-humanist understanding of the encounter of beings

chapter Chapter 6|14 pages

Plants and the law

Vegetal ontologies and the rights of nature

chapter Chapter 7|17 pages

Conjuring sentient beings and relations in the law

Rights of nature and a comparative praxis of legal cosmologies

chapter Chapter 8|15 pages

Forest on trial

Towards a relational theory of legal personhood 1

chapter Chapter 9|17 pages

Concluding, opening