The Rights of Nature: A Legal Revolution That Could Save the World

by David R. Boyd

An important and timely recipe for hope for humans and all forms of life

Palila v Hawaii. New Zealand’s Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building — in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it.

Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species — from birds to lions — have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems — rivers, forests, mountains, and more — have legally enforceable rights. And if nature has rights, then humans have responsibilities.

In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

Genres: Nonfiction, Environment, Nature, Law, Science, Animals, Climate Change

280 pages, Paperback

First published January 1, 2017

About the author

David R. Boyd is an environmental lawyer, professor, and advocate for recognition of the right to live in a healthy environment. Boyd is the award-winning author of seven books and more than 100 articles and currently co-chairs Vancouver’s Greenest City initiative with Mayor Gregor Robertson. He lives on Pender Island, B.C. For more information, visit DavidRichardBoyd.com.

Reviews

[Clare O'Beara · Rating 5 out of 5]

I heartily recommend this intriguing book about laws and consequences. If at one time enslaved peoples, women and non-landowners did not have legal status as persons with rights, but now they do, what is the logical progression? The author shows how cases have been brought to try to grant rights, legal person status and other issues on behalf of primates, orcas and other creatures, even to the Great Barrier Reef. We get a chapter on the various intelligences of these animals and birds, with fascinating studies and examples.

While much of the book focuses on USA with the snail darter habitat being destroyed by damming and the spotted owl being placed at risk of extermination by logging, moving forward to the corporate bullying of fracking and factory farming, other nations are studied too. India, with the Asiatic lion and the grotesquely polluted sacred river Ganja, Costa Rica and Ecuador with constitutional changes to protect rainforest habitat, Bolivia seeing a lake dry up as the glaciers that fed it have vanished due to climate change, Bolivia deciding to exploit its lithium lakes wisely by itself rather than sell the right to mine, Canada with wildlife issues and New Zealand with Maori interpretations of land use rather than ownership are the major areas visited.

A chapter looks at the history of making laws and international agreements in favour of wildlife, responsible animal care, land preservation and biodiversity conservation. From the founding of Greenpeace in 1971 to the Rio Earth Summit, we see the march of international awareness that nature is being destroyed and needs to be cherished. Extinct is forever.

Narwhal tusks rather than elephant ivory are shown to represent the trade in pieces of endangered animals. In this case as with abuse of domestic pets we see that the laws do not contain what most of us would now regard as sufficient punishment. The European Union laws are mentioned as being extremely strict, such as forbidding antibiotics to be used on animals unless to treat illnesses, and banning caged chickens. Standards may have improved slowly but the EU can be credited with removing many draconian abuses of women as well as animals and waterways.

The individuals with vision include lawyers, judges, scientists, environmentalists and farmers as well as native communities. And it's lovely to read of successes - probably due to public opinion rather than legal pressure - such as a company experimenting on chimpanzees which had resisted calls of habeas corpus, finally giving in and sending more than 200 chimps to a sanctuary.

I can strongly recommend The Rights Of Nature to students of law, natural history, environmental campaigns; and human rights. Because the right to clean water, clean air, and a clean natural environment, with wildlife preserved for future generations to enjoy, is a strong element of winning court battles. The writing style is fluid and fact-filled, suitable for a second level student with an interest in the issues, though the lengthy legal disputes are best for third level students or other interested adults. I would have liked some photographs and graphs.

I downloaded an ARC from Net Galley. This is an unbiased review.

Notes and references are on pages 235 - 250 in my e-ARC. I counted 40 names that I could be sure were female.
You may also be interested in:
The Price of Thirst by Karen Piper
Indian Country by Peter Matthiessen
Glaciers - the Politics Of Ice by Jorge Daniel Taillant
This Changes Everything by Naomi Klein
What Has Nature Ever Done For Us? by Tony Juniper
Not So Different by Nathan Lents.

[Tonstant Weader · Rating 3 out of 5]

Reading David R. Boyd’s The Rights of Nature in these United States is a bit disassociative. He is writing in an alternative universe where Scott Pruitt is still suing the E.P.A., not running it and we still had a legitimate government that respected the rule of law. However, if we ignore the United States and the crony capitalist kakistocracy in D.C., there is optimism for the environment in changing legal theories and the advancing idea that nature itself has rights.

The Rights of Nature begins by exploring how we have learned more about animals in recent years that support the idea that they are sentient and self-aware. You would think anyone in daily contact with animals would know through experience that animals are not just automatons reacting to input, but have personality and character and a self. Still, it’s nice to have science proving it. We also did not need science to tell us they feel pain, but again, if it takes a study to change how we treat animals, then hooray for studies.

Perhaps it’s science fiction and my love of Farscape, but I think that even this is anthropomorphism. After all, it’s entirely possible trees feel pain and have awareness, but in a way we don’t recognize because they experience their awareness differently. We recognize the sentience and awareness of animals in the ways animals are like us, limiting our understanding of what awareness can be.

Boyd covers increasing successes of legal cases and theories to protect animals. Suits for lions, tigers, and bears and, of course, the snail darter. A lot of time is spent on the Endangered Species Act because it is one of the rare environmental protections with sharp teeth. From there he moves on to where even more broad-based rights of nature have been recognized. Going to New Zealand where rather than return disputed territory to the Maori, the government adopted the Maori view of the land owning itself, belonging to itself, protected by appointed guardians. This is exciting in advancing the idea that land has rights, but there is a cynical element in me who saw the eager embrace of giving the land to itself instead of to the Maori as a way of evading reparations for atrocities committed against them.

In Ecuador and Bolivia, great aspirational Constitutional protections have been written into law. There is a gap between aspiration and reality as wide as the socio-economic needs of these impoverished countries. This runs us against the common expecation of environmentalists, to save the planet on the backs of developing countries, asking them to develop less, to be poorer, to go without because we have wasted so much.



Reading this seven months into Donald Trump’s presidency* is almost hallucinatory. Hurricane Harvey is devastating the Texas coastline the same week President* Trump rescinded guidelines for construction to mitigate flood damage. They announced they are not going to get rid of national parks and preserves, just make them smaller and allow resource extraction. This president who did not even win a plurality of the vote is prepared to end this planet with his ignorance. So yes, I am eager for good news.

It is exciting that there is growing acceptance and enthusiasm behind the idea of Nature itself having rights, that a river has a right to not be destroyed. I am all for saving the planet. I don’t have children, but I have nieces and nephews and they have children and I want them to have a safe, healthy environment in a world not torn apart by resource wars. On the other hand, I am not comfortable with criticism of developing countries who seek to bring their people out of entrenched poverty when we all know they are not the reason climate is changing.

We cannot be absolutist. The northern hemisphere needs to clean up its act and not expect the southern hemisphere to save us by accepting poverty. Perhaps because most of the efforts to protect the environment are being led in the southern hemisphere, the difference between action and rhetoric (and law) is more pronounced, but I would really like to see less criticism of Correa and Morales for doing less than they aspire and more for the EU, Canada, and the US for not even aspriing to do very much at all.

The Rights of Nature will be published September 5th. I received an advance e-galley for review from ECW Press through Edelweiss.



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[Safi Khanna · Rating 2 out of 5]

Read for ENVR 203: Knowledge, Ethics, and Environment
It had a lot of interesting case studies and important ideas. I appreciated the way Indigenous knowledge was included, but I really didn’t like the author’s voice and found it incredibly redundant. Also, why did he describe everyone in the most cruel ways?? You don’t need to paint the picture of some poor disheveled environmental lawyer with “multiple chins and a prominent forehead.” He didn’t do anything to you!!!!

[Cody Knepprath · Rating 3 out of 5]

This book went over just what you would expect to find based on the description. Didn’t exceed my expectations or keep me engaged but that isn’t really the point of the book.

Just some personal notes (boyd is a neutral writer and this isn’t in regard to his positions): I don’t think anthropomorphism is really the way to get people to care more about the environment or to honestly consider natural objects to have any protection under the law. I do think giving natural objects like ecosystems or rivers legal personhood is realistic. This way, people can defend them in court against corporations, polluters, govt, etc (which have legal personhood) and not have the case be thrown away for having no legal standing. Rights to clean air, water, and land would be beneficial for humans just as much as for other species.

Finished the book at home

[Rhys · Rating 4 out of 5]

Overall, a solid effort to compile the world movement to give rights to the non-human world, including ecosystems - "the rights to existence, to integrity, and to regeneration."

David Boyd is a good writer. This book would be a nice compendium for an introductory course in environmental policy as most textbooks on the topic rely on traditional environmental policy oriented towards Environment-as-Resource-for-Humans-in-the-Immediate-Future (ERHIF). That's FIRE backwards with a silent H.

[Tabea Alexandra · Rating 5 out of 5]

This is an incredibly important book. Definitely for me, but I believe that everyone, including non-lawyers, can learn something from this book.
It is well-written and uses countless examples of what “rights of nature” mean, where they come from, what the fight for rights of nature and rights of animals looks like and what the future might look like. In between I thought the book could be shorter, but I still wouldn't have wanted to cross out a single sentence.
Very good book to get information and inspiration on this topic. I also recommend the audiobook, the narrator was really good!

[Rachele Anthony · Rating 4 out of 5]

In a time of great uncertainty, this book gave me hope and inspiration to push on. This is a book that show how we can take our knowledge and our admiration of Mother Earth and turn it into something truly monumental.

The environmental philosophies, that always seemed like such talk, take on life when they are crafted into law. Countries all over the world are creating such masterpieces. What I read here, the potential I found here, truly may be changing my career path. We can do more, the groundwork is there and we will push further.

[Devan · Rating 2 out of 5]

The ideas presented in this book are important, but I didn't care for the execution. It felt like a jumble of information, the story jumps from one time and place and court case to another with each subsequent chapter. In the end the book provides readers with numerous examples but no deeper knowledge of the overarching issues. And what was the most surprising thing I learned while reading this? Courtroom judges write horrible poetry.

[Robert · Rating 5 out of 5]

In his closing remarks to a justly celebrated talk given in South Africa in 2011, Graham Hancock said: “We don’t have to go on repeating the same negative behaviour on an international scale that we are practicing today. We can change.” If ever there was any doubt about the reality of that possibility, this book will dispel it.

David Boyd guides us almost Virgil-like through the concentric circles of a topic that is vast, complex and potentially as dry as courtroom dust. But, like Virgil, he has an engaging tone, a light touch, and a mastery of drama and pathos. He shows us how we are coming to re-evaluate our relationship with what we call ‘nature’ in concrete terms, through the courts of law, where a fast-growing revolution is underway to rewrite the legislation that governs our interactions with other sentient beings and the habitats we share with them.

What is at stake here is nothing short of everything upon which our sense of who we are, our so-called identity as a species and a human civilisation, is based. From the clearly implausible legal definition of an animal enshrined in the US Animal Welfare Act, which does not include animals used in agriculture, research or fisheries, to the debate around whether a chimpanzee can be a legal person; from the many hundreds of David and Goliath lawsuits being filed against rapacious corporations to protect vulnerable communities from devastation in the name of profit to the breathtaking Te Urewera Act of 2014, which declassifies a disputed region of the North Island of New Zealand as a national park and recognises its intrinsic right to own itself and possess extensive legal rights, the story that David Boyd narrates is both bold and challenging. Knowledge of the law is no longer sufficient to read the legal texts and constitutions being written in this new century of ours: now imagination is just as important. Not a moment too soon.

Questions and eyebrows alike may be raised upon exploring these pages, but we are invited to leave our weapons at the door and enter in a spirit of possibility and – dare I say it – optimism. This book is a lighthouse in a storm.

[Peter Crofts · Rating 4 out of 5]

Accessible to those without legal training, but detailed enough to give some idea of how the legal treatment of the larger natural environment is developing (maybe growing up is a better description) to counter the dominate, manipulate and consume worldview which some many of the anthropocentric mindset still hold.

You'll be introduced to some of the more notable lawyers who, since the 1970s, have really been breaking ground on various elements of these rights. These trailblazers are to be admired, being of that small group within the profession who seek to use the law to challenge, and hopefully break dominant, destructive modes of thought rather than to further consolidate the dominance of the status quo. The antithesis of the careerist, or neoliberal black mold, if you prefer.

This is an optimistic book, which in the face of the magnitude of the problem (belly), argues that we are close to a point of breaking through the dominant worldview on a number of issues concerning the environment and the treatment of animals. A point where we will begin to see ourselves as part of a spectrum, as opposed to sitting at the top of a hierarchy of power and dominance. The scientific evidence is overwhelming, it's a matter of breaking through the various layers, some of them very old indeed, that prevent us from honestly approaching the matter of what we are and where we are.

As much as one can walk away from anything to do with the general state of things without collapsing into pessimism, this book deserves a wide readership. It clearly has it's eye on the false inevitables and the general tone of passive acceptance which is such a significant part of the challenge. People have been sold a bill of goods, about themselves, about where they are, and about what the good life amounts to. They've also become convinced that their highest aspirations are those of the consumer. It's entropic. Let's hope Boyd's optimistic tone is also honest, I certainly hope so, because I need to hear it.

[Spamko · Rating 4 out of 5]

A very thoughtful and positive book, intended for lawyers and legal practitioners and law students, probably advocates and activists also. However, the narrative and style of this book is super "easy-to-read" so I think even the people who are not lawyers by education or training could easily understand it.

It is a nice summary of the major historical breakthroughs, that happened globally, regarding the development of environmental law (ranging from the USA to India and New Zealand), simultaneously criticizing the anthropocentrism in the existing legal systems and indicating the persistent challenges.

I think it is a compelling story, the narrative is clear and very straight forward, as I said easy to go through.

The main downside, which I saw checking out other reviews that I found valuable, is the lack of the acknowledgment/gratitude for indigenous people, and especially indigenous knowledge relating to the nature conservation, protection and restoration. Therefore, I completely agree on that note that the book kind of to a certain extent ignore the indigenous peoples contribution to this development. That is why the final grade is 4/5

Other than that everyone interested in this topic should read it for sure! It offers a clear guide into the development of eco-centric perspectives embedded into the legal interpretations in various legal cases.

[Joseph · Rating 5 out of 5]

This book should be required reading in schools. It should be required reading everywhere. This planet our Earth, is all we have. If we continue to abuse it, rape it, torture it and treat it like we have a right to misuse it, it will one day destroy us all. We as Humanity need to recognize that this Earth is our Life provider and without it and the biosphere circle which we need to become part of again, we will not survive and more importantly; Life spread among all living organisms is our moral duty to protect and nourish. It is not property for us to throw away. It is not a slave to us. It is not owned by us. We live because it lives and we have no moral right to alter that relationship. It is now the time to turn back to this Earth which gives us life and realise that it is a living, breathing entity entitled to, by it's existence, our respect and support and our protection from those who would destroy it for profits.
This book shows the way. It may not be polished but it is a diamond in the rough to a movement that could change the outlook of the 21st Century from one of mass extinction and changing climate to one of hope for all living things and the planet which provides us with life, our Home, our Earth.

[Jason · Rating 4 out of 5]

The author is one of Canada's leading authorities on environmental law. The book covers the contemporary status of "nature rights" in the US, Canada, New Zealand, Ecuador, and Bolivia.
The writing is so so. This isn't going to be a classic. It felt like a series of journal articles strung together. That said, it gave me a lot to think about.
Does nature have rights? We talk about human rights - does this imply rights for non humans? People have sued corporations on behalf of nature - the law accepts rights for corporations - but not yet for bears. Why should a corporation have more rights than a trout stream?
He doesn't dwell on the moral and philosophical questions, but it got me thinking about them. We all feel regret about extinctions, and revulsion about trophy hunting of endangered animals, and at least some of have similar responses to the bulldozing of forests and streams for subdivisions and strip malls-. What does this emotional response tell us about the moral rights of nature?

[Nathalia · Rating 4 out of 5]

My tree-hugging, vegetarian, activist heart fell in love with this book. The first half covers animal intelligence an how animal rights have evolved around the world to give them the freedom to live without being tortured in their natural habitats, or if domesticated to be cared for adequately. The second half discusses the evolution of laws regarding protecting, preserving and restoring, land, air and water. There was a large focus on the influence of indigenous peoples' Mother Earth/Gaia/Mana beliefs. A book packed with information. The first half was (to me) more compelling than the second. I thought the second part of the book got a bit bogged down with specifics and international groups. Overall a great read for anyone interested in eco-law, animal rights and living harmoniously on planet Earth.

[Margrethe Helleberg · Rating 5 out of 5]

Great book about the legal transformation happening around the world to protect the planet and the species with whom we share it. I enjoyed the way David R. Boyd went into the nerdy legal details of court cases and the passing of laws protecting the environment and other animals. I liked the way he described how people from indigenous groups have been at the forefront of changing the legal perception of the rights of nature and other species. Copying the human rights concept into a rights of nature concept is an utterly fascinating legal idea, which I hope will be discussed further in other countries as well. As a lawyer myself I have long wanted to read book taking on the legal opportunities of the environmental movement, not just the western countries efforts to sign treaties with goals they fail to achieve. I found the book interesting and inspiring.

[Carrie Jensen · Rating 4 out of 5]

The premise of this book and the logical arguments of why nature deserves legal rights are excellent. I particularly agree with the idea that if corporations are given legal rights, there is no reason natural resources shouldn't be given the same standing - both aren't actual people.

My only issue with the book is that it seems to revere indigenous cultures relationship with nature and portray them as ideal. While some indigenous cultures do have a deeper appreciation for their place in nature, I think that we err in thinking that their relationships with nature have always been ideal. The majority of human societies have at times overused and abused their natural resources. We should lend a critical eye to all cultures of the past and use all their lessons learned for the future.

[Jasmine · Rating 4 out of 5]

This was a really interesting read and a fairly optimistic one, as far as books on the state of the environment go. Boyd walks you through many different examples of cases exploring the rights of individual animals, whole species, landforms like rivers, and entire ecosystems. It's fairly easy reading even for those who don't know a lot about our legal system (such as myself), although I did find it dragged by the time I got to the last third or so. Highly recommended to introduce this amazing concept of nature having its own inherent rights and how we can add this to our arsenal of arguments and protections!

[Barb · Rating 4 out of 5]

This book was pretty inspiring. In the face of the degradation of the earth, extinction of many species, and climate change, this book highlights a paradigm change that may help man live sustainably and in harmony with nature. There is a change in the way people are viewing the legal rights of nonhuman animals, land, and water, that is inline with indigenous peoples views. The rights of nature have been enshrined in the constitution of several countries. Giving legal rights to nature is a useful tool to help save our planet.

[Simon Makriniotis · Rating 4 out of 5]

Nice book. Must read to understand an eco-centric life and how some countries are taking action to protect nature, wildlife, and its diversity. It also shows historical cases of people and institutions taking advantage of Earth's natural resources, how their actions damage our ecosystems, how justice is applied, and how legislation is evolving to define how humans should interact with nature.

[Mike Strong · Rating 3 out of 5]

Not particularly enjoyable, not un-enjoyable, though definitely not what I expected. I had wanted a legal argument for why nature deserves rights. Instead, Boyd provided, in great detail, multiple chapters on past cases in which the rights of nature had been argued for: sometimes won, and sometimes lost. There was very little legal analysis for the nerd in me.

[Mary Hurley · Rating 4 out of 5]

I really enjoyed it as an overview of rights of nature and it provided a good list for further reading. Furthermore, it was easy to read. As I will be pursuing this topic for research next year, I am glad to have it as a reference point.

[Brock Wilson · Rating 3 out of 5]

Interesting ideas. Well written in some places. Very poorly written in others.

[Michelle Bizzell · Rating 3 out of 5]

A very interesting way of thinking about how humans and the natural world interact.

[Rachel Pressdee · Rating 5 out of 5]

Purchased for research on Earth Jurisprudence. Loved every word. Thank you David Boyd

[Carla Villar · Rating 5 out of 5]

Why are corporations legal persons when trees or orcas are not? Is a change coming? This book offers hope that the answer may be yes.

[Audrey · Rating 5 out of 5]

Really great compilation of conservation. Successes and laws around the entire world. Highly recommend for anyone who works or is interested in this field of work.

[Samantha Polizzi · Rating 5 out of 5]

Such a knowledgable book on the current state of the environmental legislature around the world.

[Pontus · Rating 3 out of 5]

The ideas are interesting and important, but i didnt find it brought much new into light.

[Linds · Rating 5 out of 5]

4.5 stars

[Emilio Abiusi · Rating 4 out of 5]

Good book