How Legal Systems Reflect Societal Views of Nature

Authors

• Devorah Corvo

Abstract

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian Indigenous communities and the historical development of the concept of wilderness in the United States, this paper argues that modern environmental legal systems have been shaped by long-standing societal views of nature. By examining the environmental legal frameworks of Bolivia, Ecuador, Peru, and the United States, this paper argues that incorporating Indigenous environmental views into modern law does not necessarily produce stronger environmental protections. Although Bolivia, Ecuador, and Peru have adopted legal frameworks that treat humans and nature as interconnected, their leaders often fail to enforce these broad protections. By contrast, the United States maintains a narrower framework for environmental protection, yet its laws are enforced more consistently and generally produce more predictable outcomes. Ultimately, this paper argues that adopting Indigenous worldviews is not required to protect nature effectively, as there is substantial evidence that nature is worth protection even from an anthropocentric perspective.

Recommended Citation

Devorah Corvo, How Legal Systems Reflect Societal Views of Nature, 1 Latin Am. & Carib. L. Rev. (2026), https://ecollections.law.fiu.edu/latinamericancaribbeanlawreview/vol1/iss1/18.