The view from the river: a legal psychogeography of the posthuman
July 28, 2026 Leave a comment
“Whether legal geography will ever embrace an object-oriented post-humanism to any significant extent (and thus dwell upon the relationship between Latour’s chairs and tables rather than upon their co-option– alongside the texts and officials he glimpsed at work there– in essentially human projects) remains to be seen. Yet there are challenging and interesting projects if we expand legal geography scenes, working with affective geographies of matter and understanding legal practices as embedded (and embedding).”
Luke Bennett & Antonia Layard (2015) ‘Legal geography: becoming spatial detectives’, Geography Compass 9(7): 406-422, p419
The point of these ‘view from’ mini-essays is to look for the specific roots and features of my take upon legal geography, and in particular to capture the role of biography, contingency, journeying and being-in-the-world (that being – essentially – the ‘psychogeographic’ bit) in the development of my legal psychogeographic orientation.
In her review of recent developments in legal geography Päivi Kymäläinen (2026) has helpfully teased out the significance for legal geography of my ruminations on posthumanism. This synthesis is timely because my three papers that she has woven together were situated quite far apart in time and original intent, but they do deserve be seen as stage-reports in a rather tortuous journey undertaken by me. The subject I wrestled with across these papers was how the posthuman turn might be best integrated into disciplines like law and in the built environment. I was keen to think through how the writers urging a greater attentiveness to the agency of “nature” (and matter in general) could influence an essentially abstract, discursive realm like law and/or a prosaic/managerial world-view of the built environment professions.
At the time ruminating on this seemed playful, rather abstract and unlikely to have much purchase in these disciplines. Whilst collaboratively writing the 2015 Geography Compass piece I was also working on a contribution to a collection of essays in an education studies edited collection, entitled Posthuman Research Practices in Education (eds. Carol A. Taylor & Cristina Hughes, 2016). That essay (Bennett, 2016) sought to explore how posthumanism might enlighten consideration of the perception of and interaction with building materials (but ended up concluding that any such consideration would always remain essentially anthropocentric). That resulting essay attracted some interest over the years from education scholars (but not lawyers or geographers) and I was asked to give a talk on it in 2024. This then led to an invitation to write a reflective essay about how my original essay, and its ideas, had come about. In writing up that reflection (Bennett, 2025) I found myself drawing out the links to my lawyer origins and my legal geography writings. So, in effect, writing that reflective essay closed the loop and it was great to see that Päivi had spotted it and could see the links between my 2016 essay and my 2015 legal geography article.
I left 2015/16 with few expectations for a posthuman turn within legal geography, and I still don’t see signs of it becoming a powerful force any time soon, but as Päivi notes, there are some scholars who can now be pointed to who are starting to bring some posthuman perspectives into the field.
But what has more so got my attention is how within critical / radical environmental law academic circles scholars and activists are increasingly asserting the need for a nonanthropogenic view of law, rights, presence and protection. And that Rights of Nature movement (aided by scholarly interest in indigenous law (and lore) and spirituality as part of legal pluralism) has given special attention to asserting environmental rights (and separate legal personality) for rivers. Through seeing rivers as (in some hard-to-define senses) “living” this does seems to mark the emergence of a posthuman perspective within law, and notably one set within an agentive framing.
Whilst there is nothing new about seeking to “protect” vulnerable nonhuman objects through conferring legal frameworks to control interactions with those things, the Rights of Nature movement seems to have a wider view of who and what should be empowered to act within (and/or be allowed to operate outside of the confines of) legal frameworks. This development seemed to be nudging at a thing-celebrating (and human de-centring) position which I’d been seeing in the non-law literature that I’d been considering back in the mid 2010s. So, this sparked my curiosity and led me to curate a special issue of the Journal of Property. Planning & Environmental Law on ‘Rights for Rivers’ which has now been published.
Here is an extract from my editorial for that collection, which sets out the rationale and achievement of the Special Issue. Perhaps my “not-quite-yet-persuaded-that-a-posthuman-position-on-law-is-possible” remains as evident in that editorial as it was in my other writings on posthumanism and law/the material world:
“Over the last decade a vocal Rights of Nature movement has emerged within scholarly, activist and policy-making circles. This movement asserts that existing anthropocentric modes of environmental law fail to give adequate protection and entitlement directly to the creatures, structures and systems of the non-human ‘natural’ world. Within this movement rivers have had a particular prominence as entities whose rights should be better protected, often via a proposal that some form of separate legal status (i.e. legal personhood) should be acknowledged and defended for these essential worldly systems.
Whilst the talk within the Rights of Nature movement has asserted the ‘Rights of Rivers’ this Special Issue is framed around the alternative formulation of ‘Rights for Rivers’. This reframing is intentional (and somewhat provocative). Holding that rivers and other natural things have separate existence as entities to which certain rights are pre-existing (and thus should be acknowledged by humans and their laws) is primarily a matter of philosophy. By focussing this Special Issue on Rights for Rivers, the aim is to foreground matters of how such rights (regardless of their philosophical foundation) are implemented into human law and thereafter implemented into environmental governance practices. In short, the Special Issue seeks to explore the opportunities, challenges and emergent techniques by which any such asserted rights are operationalised.
To achieve this goal the Special Issue brings together a diverse range of perspectives, ranging from keen advocates of the Rights of Nature, to more critical voices who question whether that new approach to environmental law is either needed, or workable. The assembled commentators comprise both established voices within the field and its debates and also more junior scholars who raise new issues (or clarify older ones) in order to hopefully draw a range of readers into this rapidly expanding field. Furthermore, the six articles presented in this Special Issue have a global span, presenting insights into the development of Rights for Rivers in the Americas, Africa, India, the Middle East, Europe and Australia, notably adding new areas of consideration (Middle East and Africa) which have tended not yet to feature in the scholarship.” (Bennett, 2026: 89).
The full editorial (which includes my summary of each of the six contributory articles) is available to read here: https://www.emerald.com/jppel/article/18/2/89/1369230/Guest-editorial-Rights-for-rivers-special-issue
References
Bennett, Luke (2016) Thinking like a brick: posthumanism and building materials. In: Taylor CA and Hughes C (eds) Posthuman Research Practices in Education. Palgrave Macmillan, pp. 58–74.
Bennett, Luke (2025) Thinking about “thinking like a brick”. Qualitative Research Journal 1–12, Ahead-of-print. https://doi.org/10.1108/QRJ-02-20250058
Bennett, Luke (2026) Guest Editorial: Rights for rivers special issue. Journal of Property, Planning & Environmental Law, https://doi.org/10.1108/JPPEL-07-2026-085
Bennett, Luke and Layard, Antonia (2015) Legal geography: becoming spatial detectives. Geography Compass 9(7): 406–422. https://doi.org/10.1111/gec3.12209
Kymäläinen, Päivi (2026) Legal geography III: Legal agency, Progress in Human Geography, Ahead-of-print. https://journals.sagepub.com/doi/10.1177/03091325261450344
Image source
November 2016 – Postcard Cafe – ‘ Contemplation’ a river sculpture by Dan Dan, River Don, Sheffield 2016










