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Lidská práva v době antropocénu – teoretickoprávní východiska
Title in English | Human Rights in the Age of Anthropocene |
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Authors | |
Year of publication | 2024 |
Type | Article in Periodical |
Magazine / Source | Pravnik |
MU Faculty or unit | |
Citation | |
Web | https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-9.html?a=3881 |
Keywords | Anthropocene; anthropocentrism; ecocentrism; environmentalism; ideology; politics; nature; constitutionalism; crisis; human rights; science; commitments |
Description | We hear more and more about the Anthropocene as the "age of man", in which humanity plays the role of an active agent and dis-agent of climate change. It is not yet clear how to define the term satisfactorily, nor how to deal with it. The same conceptual vagueness and inevitability was referred to in the art installation at the Deutsches Museum in Munich, whose main message was hidden in the title itself: "Welcome to the Anthropocene!". So, however indeterminate the concept is, it is changing our social, economic and legal reality. The aim of the following paper is to sketch a conceptual map that will allow us a basic orientation in the space where law enters the time of the Anthropocene. I will use human rights as a springboard to introduce and critically evaluate some conceptions of the environmentalisation of human rights. I will contrast right-based solutions with obligation-based solutions. I will first define the concept of the Anthropocene, against the background of the related anthropocentrism. I will then address the question of the crisis of the Anthropocene and the upheavals it causes in law. I will then relate these analyses to the current debate on the environmentalisation of human rights, from which I will introduce two influential conceptions (envrionmental constitutionalism, rights of nature), which I will confront with the thesis of the obligation solution. Finally, I will point to the political nature of the dispute over the appropriateness of either conception of the environmentalisation of human rights in the Anthropocene. |
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