Abstract
This paper focuses on the Indigenous spirituality component of the Rights of Nature law, using
Ecuador as an example. By approaching this issue from both theoretical and practical perspectives, this
article asks how the Indigenous spirituality component may have an impact on the Rights of Nature law
at issue and the legal system as a whole. From a theoretical perspective, the article shows that Indigenous
spirituality as a legal reasoning is non-defeasible and non-balanceable. From a practical perspective, the
article analyses one of the latest RoN cases in Ecuador – Los Cedros Forest Case (2021). At the heart of
the article is the discussion of whether a legal concept with spiritual connotations can function as it is intended (with its spiritual connotations) while embedded in an anthropocentric modern legal system.
Originalsprog | Engelsk |
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Tidsskrift | Retfærd: Nordisk Juridisk Tidsskrift |
Udgave nummer | 2 |
Sider (fra-til) | 59-72 |
ISSN | 0105-1121 |
DOI | |
Status | Udgivet - 27. nov. 2024 |