PHIL448 Lecture Notes - Lecture 7: Natural And Legal Rights
22 Dec 2016
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Document Summary
Stone (environmental lawyer) doesn"t care to define who or what actually has rights. Argues that by simply giving nature the ability to have legal standing, public opinion will follow. Change in legal code causes shift in society"s views/ideals: humans have shifted cultural acceptance for rights of children, women, minorities, etc. Humans will continue to see nature as a resource. Will develop a prejudice against nature (like women) Must show how humans are directly damaged/effected by changes in nature or the courts will not entertain: nature needs to be a real entity to have legal standing. Some public authoritative body is prepared to give some amount of review to actions that are colorable inconsistent with that right . Three premises needed to be applied to nature: legal action can be pursued at its behest, injury to it can be taken into account, relief must run to the benefit of it.
