Abstract
Two concepts that bridge the nature-human divide may help to diagnose and address some of the present and future problems of eco-social change in a legal context. ‘Fragmentation’ refers to loss and degradation of the habitat of nonhuman life. It is also a useful concept for understanding the fracturing of the material conditions for human life in a modern globa-lised world. The notion of ‘metabolic rift’, derived from Marx by John Bellamy Foster, refers to a break in the human-nonhuman circulation of natural materials, brought on by industrial agriculture and urbanisation. These related ideas provide a frame for exploring the connections between social and environmental justice and the role played by legal forms such as private property. In keeping with the imperative to re-form legal concepts to account for eco-social existence, the article presents a view of property as human and nonhuman habitat. This approach aims to use law to help recreate the conditions for the constructive inter-dependence of social and environmental goods.
| Original language | English |
|---|---|
| Pages (from-to) | 13-37 |
| Number of pages | 25 |
| Journal | Journal of Human Rights and the Environment |
| Volume | 12 |
| Issue number | Special Issue |
| DOIs | |
| Publication status | Published - Dec 2021 |
Keywords
- Environmental justice
- Fragmentation
- Habitat
- Metabolic rift
- Property