The Realm of the Disenfranchised and 'The Wizard of Oz' - NYTimes.com - 1 views
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anonymous on 27 Apr 11"At one point in "The Wizard Of Oz," Dorothy (Judy Garland) picks an apple and the tree she picks it off protests: "Well, how would you like to have someone come along and pick something off of you?" Dorothy is abashed and she says, "Oh, dear - I keep forgetting I'm not in Kansas," by which she means she's now entered an alternate universe where the usual distinctions between persons and objects, animate and inanimate, human beings and the natural world that is theirs to exploit do not hold. In Kansas and, she once assumed, everywhere else, trees are things you pick things off (even limbs) and persons are not. Persons have an autonomy and integrity of body that are to be respected; trees do not. A person who is maimed has a legal cause of action. A tree that has been cut down has no legal recourse, although there may be a cause of action (not, however, on behalf of the tree) if it was cut down by someone other than the owner of the property it stood on. All this seems obvious, but what the tree's question to Dorothy shows is that the category of the obvious can be challenged and unsettled. I thought of this scene on the last day of my jurisprudence course when we came to the chapter on animal rights and the rights of objects . The question of the day was posed by Christopher Stone's landmark article "Should Trees Have Standing? - Toward Legal Rights For Natural Objects" (1972), and was answered, it would seem, in Genesis 1:26, when God gave man "dominion over the fish of the sea, and over the fowl of the air, and over the cattle and over all the earth and over every creeping thing that creepeth upon the earth." The dominion of man over animals and nature is established theologically, and it is established again in the modern period by classical liberalism's privileging of individual rights exercised by beings endowed (by either God or nature) with the capacity of choice. From Locke to Mill to Berlin to Rawls, the centrality of the