A new leaf: Is it time to de-objectify plants in private law?
van Laarhoven,Joris Claerhoudt,Rens
van Laarhoven,Joris
Claerhoudt,Rens
Abstract
In civil law jurisdictions, plants have traditionally been classified as ‘objects’ (or ‘things’) under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of Nature, which have much potential but pose some practical and conceptual challenges. We propose an additional way of acknowledging the special nature of plants in a legal context: de-objectifying plants in private law and thereby explicating that they are not mere objects. Numerous civil codes already separate animals from objects, often – though not exclusively – based on the sentience of animals. Recent scientific research suggests that plants may be sentient, too. We aim to open the debate on the de-objectification of plants, based on their sentience, in civil codes as a feasible and unobtrusive way to acknowledge in law that plants are living beings, and more than mere things.
Description
Date
2024-07
Journal Title
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Volume Title
Publisher
Research Projects
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Journal Issue
Keywords
plant Rights, plant sentience, civil codes, private law, rights of nature, de-objectification, Plant sentience, Private law, De-objectification, Plant rights, Civil Codes, Rights of Nature
Citation
van Laarhoven, J & Claerhoudt, R 2024, 'A new leaf : Is it time to de-objectify plants in private law?', Transnational Environmental Law, vol. 13, no. 2, pp. 286-311. https://doi.org/10.1017/S204710252400013X