ABSTRACT
This chapter develops a historical-economic perspective on implementing Rights of Nature (RoN) in Europe by looking at crucial (legal) developments that accompanied industrialisation. The argument makes use of Polanyi’s “double movement” analysis, exploring the creation of free markets of labour (human) and land (nature) in the context of their societal legal responses. This chapter contends that counter-movements against liberal legislation have not created similar protective mechanisms for nature as they have for humans. The recognition of nature in the legal system is, therefore, argued to be an important element in countering the effects of the economic drive associated with the commodification and destruction of nature. The second section of the chapter explores the importance of RoN in fundamentally readjusting society’s relationship with nature. By introducing the idea of “living law” (Ehrlich), it emphasises that such change must emerge from within society and that the real potential of RoN challenges the legal authority of the state in relation to its positioning towards nature. This argument is supported by the case of the Hambacher Forest in Germany, which helps to illustrate how Kersten’s notion of a constitutional ecological revolution could be initiated. The primary aim of the chapter is to show that RoN have the potential to bring about a fundamental reorientation of European society towards nature. Whether this potential is realised, however, depends on how thoroughly and well RoN are implemented.
