Rechtsmündigkeit der Natur oder das Gemeinsame und Commons im Recht

„… für ihn war jedes Geschöpf eine Schwester oder ein Bruder“ (LS 11)

Abstract

Around the world, lawyers and activists are grappling with the question of how the subjectivity of nature, as proposed by Pope Francis in his encyclical Laudato si’, can be further conceptualised from a legal perspective. They are advocating for the recognition and institutionalization of rights of nature. In this article, I will broaden the scope further: I situate the debate on the rights of nature in the context of social movements that are dedicated to preserving the common and to protecting commons. For I am convinced that the rights of nature can only promise fundamental change if they are conceptualized as rights of commons.