Law and Recognition of Constitutional Legal Personality of Forests: a Few Remarks on Fundamental Principles and Values

Abstract

The legal subsumption of biosphere processes necessitates recognition of the fact that the timescales on which nature reproduces itself are disparate from those of human life and societies. Additionally, nature exhibits variations in conformity across space. In the face of these challenges, the law must be able to integrate the aspects of complexity that characterize the construction of legal systems, the conception of fundamental rights, and the foundational values of legal systems with the facets fundamental to nature’s welfare. Therefore, due to the ambiguous nature of granting legal subjectivity and associated rights to nature, which could impede social inclusion and diversity, the author suggests granting constitutional legal personality to forests. This would enable precise definition and the application of established legal and managerial knowledge for the conservation of nature.