RIGHTS, ECOLOGY, AND EMERGENT LEGAL SUBJECTS: TOWARD A THEORETICAL ACCOUNT OF LEGAL PERSONHOOD BEYOND THE HUMAN

Abstract

This paper develops a comprehensive theoretical framework for understanding legal personhood beyond anthropocentric boundaries, examining the philosophical, legal, and ecological foundations that support extending rights to non-human entities. Through doctrinal analysis and interdisciplinary theoretical synthesis, this research demonstrates that legal personhood is a malleable social construct rather than an inherent human attribute, opening pathways for rivers, forests, animals, and ecosystems to become legal subjects. The study analyzes contemporary cases of ecological personhood, critiques anthropocentric legal paradigms, and proposes a relational ontology of law that recognizes the intrinsic value and agency of non-human entities. Findings suggest that recognizing non-human legal personhood not only addresses environmental crises but fundamentally transforms our understanding of rights, responsibilities, and legal subjectivity in the Anthropocene