ABSTRACT

Natural science has long sought to identify nonhuman legality. It has done so by finding mathematical formulations that can be used to predict the outcomes of experiments. The emergence of the Anthropocene or, more precisely, of people's recognition that they are in it and producing it, is how the opposing fragilities of human and nonhuman law coexist. This chapter seeks to show that the conflict between human and nonhuman law cannot overcome by substituting for human law an embrace of the nonhuman or transhuman. It reviews four variants of the effort to embrace nonhuman law through our relationship with animals: projection of the human self upon the nonhuman other; recognition of mutuality with the nonhuman other; acknowledgment of the inherent value of the nonhuman other; and affirmation of transhuman justice. The conflict of laws regime is one that can respond iteratively to the inadequate responses of human law to nonhuman law.