ABSTRACT
American law, particularly property law, traditionally places humans at the center of legal considerations. This human-centric approach values individuals over communities and prioritizes fixed rules over flexibility. Such an anthropocentric perspective, however, is at odds with a healthily functioning socio-ecological system. To address this imbalance, we suggest reimagining our property doctrines to incorporate nature. In this Commentary, we give three examples of classic property law doctrines taught in many first-year property classes: adverse possession, the doctrine of waste, and customary rights. We explore what it would mean for legal thinkers to reconceptualize nature and the more-than-human world to be actors on the property law stage rather than just the backdrop and the props.
Owley, Jessica and Bradshaw, Karen, Reimagining Property Doctrines to Incorporate the Interests of the More-than-human World (September 6, 2026), World Wilderness Congress (WILD12) Proceedings; Arizona State University Sandra Day O’Connor College of Law Paper No 7430239.
Leave a Reply