Perspectives for a General Theory of New Rights
A critical reading of biodiversity and associated traditional knowledge
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The book must be understood in the context of the crisis of some postulates of traditional legal science, which can no longer provide answers to the complexity of contemporary problems, such as socio-environmental issues. From this perspective, the book deals with the need to reconstruct the traditional concepts of the subject of law, property and legal relationships, as a condition for recognising and protecting new rights with a collective dimension. The issue of biodiversity was defined as the applied aspect which, due to its manifest complexity and clearly collective aspects, given that it...
The book must be understood in the context of the crisis of some postulates of traditional legal science, which can no longer provide answers to the complexity of contemporary problems, such as socio-environmental issues. From this perspective, the book deals with the need to reconstruct the traditional concepts of the subject of law, property and legal relationships, as a condition for recognising and protecting new rights with a collective dimension. The issue of biodiversity was defined as the applied aspect which, due to its manifest complexity and clearly collective aspects, given that it is representative of the most varied manifestations of life on the planet, as well as being a reference for the generation and transmission of traditional knowledge, calls for the reconstruction of traditional concepts of legal science. Thus, normative and theoretical perspectives are presented for the greater protection of biodiversity and associated traditional knowledge, an important challenge that has been underway for some decades and which has had the contribution of the advent of Brazilian Federal Law No. 13,123/2015.
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