PHL273H1 Lecture Notes - Lecture 5: Mineral King
Document Summary
Sierra club was granting standing, this ruling was overturned by a higher court----ruled that to have standing, was necessary to demonstrate that one of the clubs members would be affected by development: case went to supreme court. Christopher stone: began considering idea that natural objects/nature should have legal rights. Sent article "should trees have standing" to one of supreme court justices----douglas. Douglas"s judgment relied on stone"s arguments---maintaining that natural objects should be granted standing to sue in court for own projection: parts of legal profession found his position laughable. Stone: should trees have standing: begins with idea of moral thinking in humans over time as growing/expanding sphere. Interprets history of law in similar way---rights of legal children and marginalized groups: many inanimate objects also have rights under the law like corporations, municipalities , was not always intuitive to grant any of the above rights.
