Conditional Designation of Artificial Legal Entities (CDALE): A Post-Anthropocene Dynamic Jurisprudence

Autor: Devarakonda, Balaganapathi, Gautam, Rahul D.
Zdroj: Journal of Indian Council of Philosophical Research; May 2021, Vol. 38 Issue: 2 p155-176, 22p
Abstrakt: Anthropocene jurisprudence amounts to a legal attitude that posits human beings as the ultimate subject to which the legal ontology, epistemology, and language serve. This attitude inevitably leads to exceptionalism not only in terminology but also in the impact which legal verdicts incur, especially on the natural environment and species. In this paper, we make a coupled reading of jurisprudence and environmental science while suggesting a post-Anthropocene model of law which can be made philosophically consistent by appropriating a new theory of human as a 'biocultural creature' to outgrow the attitude of exceptionalism in law. In doing so, we take recourse of dynamic systems and complexity theory for a law to account for the ontology, epistemology and linguistics of post-Anthropocene jurisprudence.
Databáze: Supplemental Index