ABSTRACT: 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.
From the Andes to the EU: customary land law within the ecology of law
Silvia Bagni
2019
Abstract
ABSTRACT: 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 documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
