Legal Recognition of Non-Human Agency

From P2P Foundation
Jump to navigation Jump to search

Directory

Austin Wade Smith:

"Relevant Precedents in non-Human Agency:


Rights of Nature

Brings legal standing to non-human organisms and ecosystems, so that theoretically their rights can be protected in a court of law.

Typically operates a local level, however Rights of Nature have been enshrined at a federal level in Ecuador and New Zealand, and India.

Redefines the legal entity assigned to organisms and ecosystems in courts of law, and in the process makes them recognized as actors within the legal system.

The legal entity used in Rights of Nature law, depends on the legal system. In the United States 3 potential entities are:

Environmental Personhood / Juridic Personhood

Unincorporated Association

Zero-Member LLC

Typically a committee of guardians / trustees acts on behalf of the non-human.

(https://mirror.xyz/austinwadesmith.eth/tv9z1XXrtqQxDIxE8FygZ_W39NpkQJkVfrtjCtdbzA8)


Pet Trusts

Trust is established to care for a pet after owner dies or is not capable of caring for an animal.

Trusts set up in animals name, which are maintained by trustees for the benefit of the pet.

Relies on trustees to govern and maintain the fund in a manner commensurate with the original intent of the fund.


Nature on the Board

Pioneered by the work of the Earth Law Center

Non-humans have a seat on corporate boards with equal standing as other board members.

Proxies or trustees speak and vote on behalf of nature in the boardroom.

(https://mirror.xyz/austinwadesmith.eth/tv9z1XXrtqQxDIxE8FygZ_W39NpkQJkVfrtjCtdbzA8)


Earth as Shareholder

Pioneered by work of Patagonia Purpose Trust

Uses Perpetual Purpose Trusts as a more permanent legal entity to enshrine wellbeing of nature as the permanent purpose of a trust.

Purpose trust can own voting stock in a company, where trustees vote in alignment with the purpose of the trust.

(https://mirror.xyz/austinwadesmith.eth/tv9z1XXrtqQxDIxE8FygZ_W39NpkQJkVfrtjCtdbzA8)


Self Owning Land

Pioneered by the Center for Democratic and Environmental Rights

Non-Humans do not simple have standing, but also have the power of ownership of deeds, and contracts within limited terms.

Land ownership contract is owned by the ecosystem

To date, primarily implemented in the US and Canada through a legal designation known as an Unincorporated Association.

Typically a committee of trustees determines behavior of an Unincorporated Association.

(https://mirror.xyz/austinwadesmith.eth/tv9z1XXrtqQxDIxE8FygZ_W39NpkQJkVfrtjCtdbzA8)


Autonomous Organizations

Pioneered in the literature of Shawn Bayern.

Autonomous Organizations refers to legal and corporate actors which do not have human referents.

They may pertain to autonomous algorithms, machines, and robots.

Typically Autonomous Organizations begin as human-anchored corporate entities which have the option to exit the entity.

LLC’s in Vermont and Wyoming make it possible to have an LLC with no human members.

This is referred to as a a zero member LLC.

Algorithms can define the operating agreement of zero-member LLCs, making the legal entity under the control of software.

Algorithmically controlled operating agreements may dictate any number of actions."

(https://mirror.xyz/austinwadesmith.eth/tv9z1XXrtqQxDIxE8FygZ_W39NpkQJkVfrtjCtdbzA8)