Property law is increasingly confronted with limits and modifications arising from environmental and social contexts. The objective of this chapter is to highlight how property law can provide answers to environmental challenges, by adapting several of its fundamental concepts to the polymorphism of environmental and social issues. Starting with a study of the theoretical movement of Earth jurisprudence, the chapter suggests that it is possible to consider Nature as a subject of legal interests, allowing it to acquire legal standing. It also suggests that it is necessary to reconceptualise property and its narrative to develop, in both civil and common law, a more limited, relational and functional conception of property. In addition, the polymorphic heritage of property law makes it possible to call upon the civilian concept of patrimony, in its symbolic or technical function, to protect the environment.
|Title of host publication||Representations and Rights of the Environment|
|Editors||Sandy Lamalle, Peter Stoett|
|Publisher||Cambridge University Press|
|Number of pages||22|
|Publication status||Published - 16 Mar 2023|