ABSTRACT
This article explores the interaction between land law and the natural world through the critical lens of Earth Jurisprudence. Land law plays a critical role in either fostering environmental preservation or enabling its destruction, as it governs the private rights that can be exercised over land. At the heart of land law, however, are a set of philosophical and economic foundations which define land as no more than tradable property. The article challenges these foundations, using the central theses of Earth Jurisprudence to reveal the fictions that these foundations are based upon and to develop a concept of land that centres on the rights of nature and duties of stewardship.
Kaden Pradhan, Earth Jurisprudence and Land Law: A Critique of the Philosophical and Economic Foundations of the Modern Law of Real Property, London School of Economics Law Review, volume 10, issue 3. Published on 6 April 2025.
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