Revistes Publicacions URV: Revista Catalana de Dret Ambiental> 2024

From the modern individual to nature: decolonial perspectives of the concept of 'subject of rights'

  • Identification data

    Identifier: RP:5417
    Handle: https://hdl.handle.net/20.500.11797/RP5417
    Authors:
    Etinger de Araujo Junior, MiguelKely Besing Motter, Ariella
    Abstract:
    This paper proposes a debate on the reinterpretation of the classical concept of 'Subject of Rights'' as an element intertwined with the achievement of Ecological Justice. It aims to reflect on the need for decolonial ruptures in legal theory especially in Latin American territories. It presents conceptions for Ecological Justice, with a special emphasis on the recognition of Nature as a Subject of Rights, as expressed in the Constitutional text of Ecuador (2008) and the infraconstitutional legislation of Bolivia (2010). Finally, it addresses the changes that such conceptions provoke to deal with such contemporary and complex reinterpretations. To do so, it uses Bibliographic Review, with a deductive method and a qualitative focus

  • Others:

    Author, as appears in the article.: Etinger de Araujo Junior, Miguel Kely Besing Motter, Ariella
    Keywords: Latin America
    Abstract: This paper proposes a debate on the reinterpretation of the classical concept of 'Subject of Rights'' as an element intertwined with the achievement of Ecological Justice. It aims to reflect on the need for decolonial ruptures in legal theory especially in Latin American territories. It presents conceptions for Ecological Justice, with a special emphasis on the recognition of Nature as a Subject of Rights, as expressed in the Constitutional text of Ecuador (2008) and the infraconstitutional legislation of Bolivia (2010). Finally, it addresses the changes that such conceptions provoke to deal with such contemporary and complex reinterpretations. To do so, it uses Bibliographic Review, with a deductive method and a qualitative focus
    Journal publication year: 2024
    Publication Type: info:eu-repo/semantics/publishedVersion info:eu-repo/semantics/article