Nature as a legal subject is a thesis on the recognition of legal capacity, that is, the ability to be the holder of rights and duties, of individual parts of nature. The legitimacy of the recognition of rights is based on the interest theory of rights, taking into account the biological interests of nature as legally relevant. Enforcement and protection of these interests are ensured by the appointment of a legal representative who, in the name of a natural entity, will initiate appropriate legal proceedings. In the event of endangering or causing damage to nature, she has, based on her acquired legal subjectivity, status of the injured party and the granting of legal relief goes to her benefit.
Nature is not only legally but also morally relevant. Through the prism of environmental ethics, I am addressing the necessity of extending the moral framework to include nature and on that ground establishing the intrinsic value of nature and thus the axiological basis for the recognition of legal rights.
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