Purpose This study aims to deepen the taxonomy of Ecojurisprudence cases by providing the first global analysis of “legally living rivers.” By legally living rivers, the study refers to any river recognized as “living” in law. The study argues that these rivers constitute an under-examined subsection of River Ecojurisprudence, composing 16 of the total 69 enacted River Ecojurisprudence cases globally (Eco Jurisprudence Monitor). To deepen the concept of a legally living river in governance, the authors’ global analysis is followed by a case study of the environmental governance of a legally living river in Australia, whose living status is enacted in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017. Design/methodology/approach The research has two parts. First, in an inductive and comparative legal analysis of 16 legally living river cases, the authors assess their text, context and structure, thereby building on the taxonomy and data sets developed by Putzer et al. (2022 & 2025) and Kauffman and Martin (2021). Second, under the framework of the evolved taxonomy, the authors developed an in-depth case study of the legally recognized “living and integrated” Birrarung (Yarra River) in the Australian State of Victoria. The Birrarung is chosen as a case study due to its notable position within the set of legally living rivers: the law creates a living status, but does not acknowledge rights or personhood for the river, characteristics generally associated with Ecojurisprudence. The case study analysis combines a doctrinal analysis of the Act and its associated deliverables with a synthesis of the academic literature, demonstrating what a taxonomy-based case study reveals about legally living river governance. Findings Legally living rivers occur globally and are established by diverse actors, including national, local and Indigenous legislators, or courts. Within the 16 cases the taxonomy identifies important nuances in the usage of the constructs of legal personhood, legal subjectivity, rights and representation. Noticeably, legally living status neither guarantees status as a legal person or subject nor representation or rights. In the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 case study, the authors evaluate the design and implementation of the living river status in governance, using the expanded taxonomy, discussing key elements and identifying takeaways. They discuss how studying the implementation of an Ecojurisprudence case provides deeper insights and identifies the need for implementation evaluation frameworks. Originality/value As planetary crises mount and human well-being suffers, Ecojurisprudence has been growing in practice as a response to calls for the law to adapt. This paper (1) contributes to the ability to better analyze Ecojurisprudence through the expanded taxonomy, (2) highlights, through the emerging category of legally living rivers, how a relational theory of change can use different legal pathways, and (3) draws attention to the need for robust implementation evaluation frameworks for governance to understand whether Ecojurisprudence and its relational theory of change result in the desired outcomes.
Toomey et al. (Wed,) studied this question.
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: