Micro-Landscapes of the Anthropocene

What are the conditions for admittance to human legal protection?

I'm fascinated by the idea of granting legal personhood to the environment. We can see Marder's thinking referenced here replicated in recent moves to grant legal rights to rivers in New Zealand and Colombia, and in advocacy by Australia's First Nations people to recognise the distinct legal status of the Margaret River (see discussion in this Guardian article: https://www.theguardian.com/australia-news/2018/apr/01/its-only-natural-the-push-to-give-rivers-mountains-and-forests-legal-rights).

However, it's worth interrogating the philosophical basis upon which such acts are justified. I think that Marder's thinking here, though well-intentioned, betrays an adherence to the kind of green, capital-N nature of which Morton is so critical. It assumes that Nature is the detached Other requiring the benevolence of human protection, and so is imbued with an anthropocentric attitude. I suggest that we can better unpack this justification for granting plants rights by analysing the similar ontological justifications in animal-rights discourse. Peter Singer is the key theorist in this field and argues in favour of animal rights on the basis that animals share many of the emotions, capabilities and agency of humans. You can get a sense of his argument against animal cruelty through his analogous representations of human (specifically and emotively, baby-humans) cruelty:

"So it is worse to slap a baby than a horse, if both slaps are administered with equal force. But there must be some kind of blow - I don't know exactly what it would be, but perhaps a blow with a heavy stick - that would cause the horse as much pain as we cause a baby by slapping it with our hand. That is what I mean by 'the same amount of pain' and if we consider it wrong to inflict that much pain on a baby for no good reason then we must, unless we are speciesists, consider it equally wrong to inflict the same amount of pain on a horse for no good reason".

Singer clearly urges us to recognise the moral standing of animals (or by extension, plants) because they intimate the privileged capabilities of the human, and so deserve a place in our ethical–relational framework of law. Yet as pointed out by Wolfe, this argument "tacitly extends a model of human subjectivity to animals" and thereby reinforces the supremacy of the human subject. I would venture that the same criticism could be made of the argument that there should be a 'Universal Declaration of Plant Rights' because they share humanist behavioural and physical adaptations. Granted, Marder does recognise that there are standalone philosophical reasons for recognising the rights of plants, but I wonder whether this is a true antidote to his anthropocentrism. The whole concept of "rights from ... (freedom of deforestation etc)" invokes the idea that plants need protection from humans and reinstates the hierarchical structure between human/Nature. Instead, the broader project of ecological thinking is to allow us to appreciate the alterity of different life forms and see ourselves in an ontological field without demarcation or hierarchy. While it's important to be cognisant of the important alterity of plants; I suggest that we can do so without preserving the human legal framework as the privileged mode.

- Amelia Loughland

Extract of Singer, Peter. Animal Liberation. New York: Avon, 1975 https://www.utilitarian.net/singer/by/1979----.html

Wolfe, Cary. "Human, All too Human: 'Animal Studies' and the Humanities". Modern Language Association. vol 124, no. 2, March, 2009, pp.  564–575.

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