東華大學圖書館 |

The principle of harmony with nature as a legal foundation = a proposal for the ethical and legal consideration of non-human living beings and ecosystems /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The principle of harmony with nature as a legal foundation/ by Raquel Domingues do Amaral.
其他題名:	a proposal for the ethical and legal consideration of non-human living beings and ecosystems /
作者:	Amaral, Raquel Domingues do.
出版者:	Cham :Springer Nature Switzerland : : 2025.,
面頁冊數:	xvi, 308 p. :ill., digital ;24 cm.
內容註:	1 The Environmental Crisis: Symptoms of the Anthropocene -- 2 The Paradigm Shift -- 3 A New Ethical System, Guided by Coherence and Responsibility, for the Recognition of Intrinsic Value in Nature -- 4 The Historical Trajectory of Theories for the Recognition of Rights to Non-Human Beings -- 5 The Legality of Harmony with Nature -- 6 The Recognition of Legal Personality for Non-Human Beings and Holistic Organic Entities as a Consequence of the Principle of Harmony with Nature -- 7 The Reaffirmation of Human Rights Through the Principle of Harmony with Nature.
Contained By:	Springer Nature eBook
標題:	Natural law. -
電子資源:	https://doi.org/10.1007/978-3-032-05475-3
ISBN:	9783032054753

The principle of harmony with nature as a legal foundation = a proposal for the ethical and legal consideration of non-human living beings and ecosystems /
Amaral, Raquel Domingues do.

The principle of harmony with nature as a legal foundationa proposal for the ethical and legal consideration of non-human living beings and ecosystems /[electronic resource] :by Raquel Domingues do Amaral. - Cham :Springer Nature Switzerland :2025. - xvi, 308 p. :ill., digital ;24 cm.

1 The Environmental Crisis: Symptoms of the Anthropocene -- 2 The Paradigm Shift -- 3 A New Ethical System, Guided by Coherence and Responsibility, for the Recognition of Intrinsic Value in Nature -- 4 The Historical Trajectory of Theories for the Recognition of Rights to Non-Human Beings -- 5 The Legality of Harmony with Nature -- 6 The Recognition of Legal Personality for Non-Human Beings and Holistic Organic Entities as a Consequence of the Principle of Harmony with Nature -- 7 The Reaffirmation of Human Rights Through the Principle of Harmony with Nature.

This book offers a proposal for the theoretical basis for the normative character of harmony with nature in the statement of UN Resolution 64/196, which recognizes an immanent principle of the natural laws that govern the biosphere. This principle has been reproduced in human language through ethical narratives rooted in the ancient cultures of both Western and Eastern peoples, particularly in the ways of living of indigenous peoples. The work aims to propose the ethical narrative of harmony with nature as a pre-legal and indisputable principle, which urgently needs to be recognized to ensure the flourishing of life on Earth, including human life. It also proposes the hypothesis of recognizing the normativity of harmony with nature as a general principle of law in the international environmental field, as covered by Article 38 of the International Court's statute. Considering the long history of nature's rights, from ancient times to the Rio Declaration on Environment and Development, harmony with nature was established in Principle 1, culminating in UN reports and resolutions under the title "Harmony with Nature." Furthermore, the book demonstrates that Article 225, caput, of the Federal Constitution of Brazil, when referring to ecological balance, encompasses the normative core of the principle of harmony with nature. It shows that the principle of harmony with nature, in its integrative role, acts as a normative source of biological dignity, intrinsic value, and the legal personality of non-human living beings and holistic organic entities. Based on the concept of biological legal personality, it proposes the recognition of three biological personalities entitled to their intrinsic rights to vital impulse: the vegetable biological personality, the animal biological personality, and the systemic biological personality. Additionally, it demonstrates the compatibility of the principle of harmony with nature with the principle of human dignity in its ecological dimension. As a multidisciplinary research, this book impacts not only the theory of law but also other spheres of knowledge such as ontology and ecological ethics. The book is intended for the academic public involved in research on the rights of nature, governmental and non-governmental organizations responsible for the construction of environmental policies to defend the rights of human and non-human living beings, as well as lawyers who advocate for the rights of nature.

ISBN: 9783032054753

Standard No.: 10.1007/978-3-032-05475-3doiSubjects--Topical Terms:

530309
Natural law.

LC Class. No.: K460

Dewey Class. No.: 340.112

The principle of harmony with nature as a legal foundation = a proposal for the ethical and legal consideration of non-human living beings and ecosystems /
LDR:04111nmm a2200325 a 4500 001 2421729
003 DE-He213
005 20251016130535.0
006 m d
007 cr nn 008maaau
008 260505s2025 sz s 0 eng d
020 $a 9783032054753 $q (electronic bk.)
020 $a 9783032054746 $q (paper)
024 7 $a 10.1007/978-3-032-05475-3 $2 doi
035 $a 978-3-032-05475-3
040 $a GP $c GP
041 0 $a eng
050 4 $a K460
072 7 $a LNK $2 bicssc
072 7 $a LAW034000 $2 bisacsh
072 7 $a LNK $2 thema
082 0 4 $a 340.112 $2 23
090 $a K460 $b .A485 2025
100 1 $a Amaral, Raquel Domingues do. $3 3802991
245 1 4 $a The principle of harmony with nature as a legal foundation $h [electronic resource] : $b a proposal for the ethical and legal consideration of non-human living beings and ecosystems / $c by Raquel Domingues do Amaral.
260 $a Cham : $b Springer Nature Switzerland : $b Imprint: Springer, $c 2025.
300 $a xvi, 308 p. : $b ill., digital ; $c 24 cm.
505 0 $a 1 The Environmental Crisis: Symptoms of the Anthropocene -- 2 The Paradigm Shift -- 3 A New Ethical System, Guided by Coherence and Responsibility, for the Recognition of Intrinsic Value in Nature -- 4 The Historical Trajectory of Theories for the Recognition of Rights to Non-Human Beings -- 5 The Legality of Harmony with Nature -- 6 The Recognition of Legal Personality for Non-Human Beings and Holistic Organic Entities as a Consequence of the Principle of Harmony with Nature -- 7 The Reaffirmation of Human Rights Through the Principle of Harmony with Nature.
520 $a This book offers a proposal for the theoretical basis for the normative character of harmony with nature in the statement of UN Resolution 64/196, which recognizes an immanent principle of the natural laws that govern the biosphere. This principle has been reproduced in human language through ethical narratives rooted in the ancient cultures of both Western and Eastern peoples, particularly in the ways of living of indigenous peoples. The work aims to propose the ethical narrative of harmony with nature as a pre-legal and indisputable principle, which urgently needs to be recognized to ensure the flourishing of life on Earth, including human life. It also proposes the hypothesis of recognizing the normativity of harmony with nature as a general principle of law in the international environmental field, as covered by Article 38 of the International Court's statute. Considering the long history of nature's rights, from ancient times to the Rio Declaration on Environment and Development, harmony with nature was established in Principle 1, culminating in UN reports and resolutions under the title "Harmony with Nature." Furthermore, the book demonstrates that Article 225, caput, of the Federal Constitution of Brazil, when referring to ecological balance, encompasses the normative core of the principle of harmony with nature. It shows that the principle of harmony with nature, in its integrative role, acts as a normative source of biological dignity, intrinsic value, and the legal personality of non-human living beings and holistic organic entities. Based on the concept of biological legal personality, it proposes the recognition of three biological personalities entitled to their intrinsic rights to vital impulse: the vegetable biological personality, the animal biological personality, and the systemic biological personality. Additionally, it demonstrates the compatibility of the principle of harmony with nature with the principle of human dignity in its ecological dimension. As a multidisciplinary research, this book impacts not only the theory of law but also other spheres of knowledge such as ontology and ecological ethics. The book is intended for the academic public involved in research on the rights of nature, governmental and non-governmental organizations responsible for the construction of environmental policies to defend the rights of human and non-human living beings, as well as lawyers who advocate for the rights of nature.
650 0 $a Natural law. $3 530309
650 1 4 $a Environmental Law. $3 676816
650 2 4 $a International Environmental Law. $3 1566060
650 2 4 $a Human Rights. $3 760752
650 2 4 $a Public International Law. $3 1566061
710 2 $a SpringerLink (Online service) $3 836513
773 0 $t Springer Nature eBook
856 4 0 $u https://doi.org/10.1007/978-3-032-05475-3
950 $a Law and Criminology (SpringerNature-41177)