Conditional Designation of Artificial Legal Entities (CDALE): A Post-Anthropocene Dynamic Jurisprudence

Journal of the Indian Council of Philosophical Research 38 (2):155-176 (2021)
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Abstract

Anthropocene jurisprudence amounts to a legal attitude that posits human beings as the ultimate subject to which the legal ontology, epistemology, and language serve. This attitude inevitably leads to exceptionalism not only in terminology but also in the impact which legal verdicts incur, especially on the natural environment and species. In this paper, we make a coupled reading of jurisprudence and environmental science while suggesting a post-Anthropocene model of law which can be made philosophically consistent by appropriating a new theory of human as a 'biocultural creature' to outgrow the attitude of exceptionalism in law. In doing so, we take recourse of dynamic systems and complexity theory for a law to account for the ontology, epistemology and linguistics of post-Anthropocene jurisprudence.

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Author Profiles

Balaganapathi Devarakonda
University of Delhi
Rahul D. Gautam
Indian Institute of Science Education and Research, Bhopal

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Two Dogmas of Empiricism.Willard V. O. Quine - 1951 - Philosophical Review 60 (1):20–43.
Homo sacer.Giorgio Agamben - 1998 - Problemi 1.
The Future of Human Nature.Jurgen Habermas - 2004 - Philosophy 79 (309):483-486.

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