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From the Andes to the EU: customary land law within the ecology of law
In the Western legal tradition, land and natural resources have always been considered as goods, the primary object of the right of property. Instead, for the Andean indigenous cosmovision, the relationship between Nature and Mankind has always been different: not of dominion, but of respect, harmony and co-living. This ancestral worldview has recently influenced the national legal systems of some Latin American countries, producing interesting consequences: lands, rivers, hills, plants… are not considered objects anymore, but subjects of rights, that could stand for their rights in courts. The article explores this recent legal pattern and its potentiality to circulate outside the chthonic legal tradition, for instance in Europe, where other formants could play a role in reconsidering the legal basis of the Western legal family.
I. INTRODUCTION
II. THE ANDEAN ECO-CENTRIC WORLDVIEWS
III. NORMATIVE RECEPTION AND IMPLICATIONS ON SOME LATIN AMERICAN LEGAL SYSTEMS
III.1. The concepts of property, land and territory, and legal personhood
III.2. The chilean silent constitution
III.3. Constitutionalization of nature’s right in Ecuador
III.4. The concepts of “land” and “territory” following the bolivian indigenous majoritarian culture
III.5. Case-Law on rights of nature in Colombia
IV. TRACING BACK THE RELATIONSHIP BETWEEN MAN AND NATURE IN THE EUROPEAN CONTEXT
IV.1. The italian legal system as a european case-study
IV.2. Religious influences on the relationship between mankind and nature
IV.3. Communitarian practices from the european chthonic legal tradition
V. CONCLUDING REMARKS
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In the Western legal tradition, land and natural resources have always been considered as goods, the primary object of the right of property. Instead, for the Andean indigenous cosmovision, the relationship between Nature and Mankind has always been different: not of dominion, but of respect, harmony and co-living. This ancestral worldview has recently influenced the national legal systems of some Latin American countries, producing interesting consequences: lands, rivers, hills, plants… are not considered objects anymore, but subjects of rights, that could stand for their rights in courts. The article explores this recent legal pattern and its potentiality to circulate outside the chthonic legal tradition, for instance in Europe, where other formants could play a role in reconsidering the legal basis of the Western legal family.
I. INTRODUCTION
II. THE ANDEAN ECO-CENTRIC WORLDVIEWS
III. NORMATIVE RECEPTION AND IMPLICATIONS ON SOME LATIN AMERICAN LEGAL SYSTEMS
III.1. The concepts of property, land and territory, and legal personhood
III.2. The chilean silent constitution
III.3. Constitutionalization of nature’s right in Ecuador
III.4. The concepts of “land” and “territory” following the bolivian indigenous majoritarian culture
III.5. Case-Law on rights of nature in Colombia
IV. TRACING BACK THE RELATIONSHIP BETWEEN MAN AND NATURE IN THE EUROPEAN CONTEXT
IV.1. The italian legal system as a european case-study
IV.2. Religious influences on the relationship between mankind and nature
IV.3. Communitarian practices from the european chthonic legal tradition
V. CONCLUDING REMARKS
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