The day after Christmas, the Orlando Sentinel published an opinion piece by Elizabeth Drayer. She is a lawyer and, as her byline states, a longtime environmental advocate. I haven’t read another word that Ms. Drayer has written outside of this article. To be clear: I appreciate her passion for protecting our natural resources. I believe that Ms. Drayer does care for the environment in Florida and beyond. I also think that her approach is misguided, dangerous, and untenable.
I think this because Ms Drayer suggests granting legal personhood to natural wonders. Or, to put it much plainer: calling things that aren’t people people.
Please entertain a quick reducio ad absurdum, taking this suggestion to its logical conclusion in order to demonstrate the short-sightedness of such a position. If we are consistent, what other personal values should we confer onto nature? Consent? Tolerance? Reciprocity?
No matter how hard you try, a fish, a river, or a patch of soil can’t grant consent. It is impossible to ascertain if a streambank wants your trespassing footsteps. Even more so, you can not arrive at any sort of reasonable certainty that each and every fish you tempt is game for your angling.
Culturally speaking, this whole notion is very troubling when it comes to tolerance. If you give one particular natural wonder the legal rights that grant personhood, you are effectively denying every other natural feature personhood. Consequently, you are discriminating based upon external, subjective criteria. The river matters but the cornfield doesn’t. The beach has rights but the highway median doesn’t.
If nature has personhood, how will a mountainside be punished when a mudslide kills dozens of humans? Or, to be consistent, would the trees on the mountainside get a prosecutor while the soil is granted a public defender? If all nature has equal rights, what right does a human have to plant a tree – let alone cut one down? What right does a human have to drink water or breathe air?
If you see the absurdity of these questions, hopefully you see the absurdity of the premise.
A core concern of this article is the matter of category confusion. For millennia, western civilization has maintained that humanity is the only entity within the person category. Come from another perspective, and you must contend with all the capital that you’re borrowing from western civilization to even stand on the basic presuppositions of your argument: epistemology, democracy, dignity, basic tenets of the scientific method, etc. Deny any one of those, and the conclusions become problematic.
In the entirety of the article, this quote is perhaps the most offensive: “There will surely be legal hurdles along the way, but our most important societal milestones faced similar challenges. Giving women and minorities the right to vote required constitutional change that was years in the making.” Yes: women and minorities are being compared to swamps and deserts. Not only is there equivocation of people and land features, but historically marginalized people groups are being exploited for an inequivalent argument.
True conservation doesn’t arbitrarily make the water or the land equal to people. True conservation is stewardship. People have intellect and discernment. We have an ability which no animal, plant, or mineral possesses. We ought to be respectful stewards. We don’t absolve ourselves of stewardship because of grave missteps. A swinging cultural pendulum can’t absolve us of stewardship. Dolphins, aspen groves, and impressive granite outcrops will never step in and manage resources for us. And we shouldn’t pass the buck by calling a lake a person and treating its trillions of gallons as anything more than very important water worthy of our care.
We should take care of nature because it is our job. Conferring personal rights onto nature is a self-refuting exercise. Even in the act of conferring rights we acknowledge that we are the ones who indeed have that authority. If the natural world possesses personhood, why would it need us to say that it does? The truth is that it doesn’t. We know that. I am aware that the premise of the aforementioned article is the kind of legal hyperbole used to move the ball down the field. The concern is that the playbook is indicative of a dangerous worldview. A dehumanizing worldview.
Humans of all times and cultures have abused the natural world. Presently, our ecological awareness and sympathy is at a high-water mark. This doesn’t eliminate the need for vigilance, because our cumulative potential for damage is also severe. Often, radical measures are necessary. Ecological crises that stem from human impact occur frequently. Resources get diverted and people get impacted. Awful as these scenarios are, the ontological reality that there is still a hard line between people and nature which cannot be disregarded.
The individual, as a member of a community, ought to take the initiative to do our part and speak our peace. The voices of people stand on the authority of their roles as stewards and rightly say what needs to be said. A stream, regardless of legal status, will never speak for itself. It depends upon its stewards. It depends on the cumulative potential of stewards who come together to protect and to educate. That same community will also use and enjoy. This balance – this relationship – is how people are intended to interact with the wonders of nature.
Agree with your take on this ridiculous idea if legal personhood. It is all about being good stewards. Humankind has no excuse anymore for making a mess of the world. Long over due to turn things around.
Thanks, Wayne.
We’re in a day and age where words are fluid and logic is oppressive – what a time to be alive!
You may not agree with her and I have questions as well. Here in California, the upper stretches of the Klamath river were given this “granting legal personhood to natural wonders”…in this case the Klamath river and as the river in the area is fully contained within their reservation boundary, it appears that they are making very good progress toward getting several old dams removed in an effort to restore steelhead and salmon to their native lands. There have been challenges (legal) and they appear to be prevailing.
Hi Jerry,
I’ve read a bit about the Klamath case, and there are definitely some interesting angles. The tribal location/identity probably is the most profound variable.
Regardless, I appreciate the end result of what is happening. I’m just wary of the pragmatism being employed.
Thanks for the note!
Obviously, the best answer to all of these issues is for us to take care of the waters we fish. Much of it is common sense…just need the will to do what needs to be done. Our legal system should not have to deal with it…can you imagine deciding that my dog is “a person” and going to court…but, if we cannot use common sense and good science to fix these problems, then perhaps this concept is better than doing nothing…
My quarrel isn’t with the science – it’s with the fuzzy philosophy and the language-bending.
Coincidently, my article was posted on MLK Day. Imagine telling Civil Rights activists in the 60’s that the public park “feels their pain.”
While I understand your argument, the Supreme Court has established that corporations are persons under the law. A corporation is nothing more than a name on a piece of paper that is owned by real humans. If a corporation can be a person under our laws, than a sentient being that has the ability to independently react without human intervention should be allowed to be a person.
Generally speaking, that interpretation of the 14th amendment has sought to protect a collection of humans (a corporation).
I’m also skeptical that more layers of legal intervention from our government will help. What ineffective regulation or agency will disband or restructure if personhood is conferred to every bug, stick, and puddle?
Dear Matthew,
I just came across your post and am honored that you read my column and took time to address it in your blog. I respect your skepticism and the practical challenges you raise, but the truth is our efforts at nature stewardship have so far failed miserably. The world population has ballooned to 8 million, and in the last 50 years we’ve killed off 2/3 of the world’s wildlife. The oceans are choked with human waste. And that’s just the start of the problems we’ve created. If humans don’t take drastic action to reverse the decline in biodiversity, the creatures we love and depend on for sustenance will be consigned to the history books, and humankind may be as well. This column explains in more detail than I have room for here, and I’m glad to provide more links: https://www.smithsonianmag.com/smart-news/humans-wiped-out-two-thirds-worlds-wildlife-50-years-180975824/
I hope you will give nature rights some more thought, and especially political representation for nature (via human guardians) so future laws can more effectively protect our resources. As a fishing enthusiast I know you have the same goals and concerns that I do. What we need is a huge contingent of people demanding to change our system of laws and government, and I hope we can be allies in this endeavor.
Hi Liz,
Thanks for reading and writing.
As a cobelligerent for environmental stewardship, my concern is that we don’t resort to base pragmatism. In the big picture, human rights are being demoted across the board (the unborn, the aged, the disabled, etc.). I can’t unsee the reality that a worldview willing to sanctify the environment is also willing to remove the dignity of man.
We agree on preserving the natural world. I think we need to put our own oxygen mask on first before we flail at the remarkably resilient natural world next to ourselves.