Re:Should Rivers Have Same Legal Rights as Humans? Growing N...
by wpietri on Monday August 05, 2019 @11:29AM
(#20614926)
I am familiar with the "slippery slope to utter catastrophe" argument, but I don't really see it as applying here. Passing laws to give rivers corporate personhood won't automatically create rights for imaginary babies (which is how anti-abortion types typically perceive embryos). And patriarchal types are already working to subjugate women just fine without waiting for this.
Re:Should Rivers Have Same Legal Rights as Humans? Growing N...
by yyyk on Monday August 05, 2019 @12:57PM
(#20615731)
I intentionally took a radical (but possible) example. A more related likely result is NIMBYs using the precedent to give all other ecosystems 'personhood' and strangling housing development in lawsuits. Now that I consider this, judges could use other creative readings of corporate law to actually weaken environmental law (can we use eminent domain on the river? Does it have a natural monopoly on water supply and we need to apply anti-trust?).
Ultimately this is an improper hack, suborning the law for political ends. There are some evils that can justify even a take-no-prisoners approach. But better protection of river ecosystems? Are there really no better ways to achieve that?
Re:Should Rivers Have Same Legal Rights as Humans? Growing N...
by wpietri on Monday August 05, 2019 @04:01PM
(#20618245)
Again, I'm familiar with the "slippery slope to utter catastrophe" line of argument. But here you're not even really making it other than to handwave at the possibility. I get that you don't like this. But all law is a political fiction for political ends, so your horror is not something I share.
If you do have a better way to solve it, I encourage you to give it a try. Let me know how it goes.
Ultimately, people support this absurd idea because they like the results, but the abuse of the legal system is going to reverberate. I don't think you'd like the results of not having a functioning legal system.
* Don't think merely of the typical pro-life/pro-choice wrangling. Think of suing the mother for bad lifestyle decisions which may or may not affect the child once born. So many opportunities for a creative lawyer.