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Thinking with Fungi, Unbinding the Subject of Law

Published online by Cambridge University Press:  07 August 2026

Anna-Julia Saiger*
Affiliation:
Institute for Media and Information Law, Department 2: Public Law, University of Freiburg , Germany
Fidel Camilo Cruz Ladino
Affiliation:
Department of Romance Studies, University of Freiburg, Germany
*
Corresponding author: Anna-Julia Saiger; Email: anna-julia.saiger@jura.uni-freiburg.de
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Abstract

Fungi offer a striking way to rethink the legal foundations of the Rights of Nature (RoN) movement. While RoN seeks to recognize nature as a rights-bearing subject rather than an object of human use, its legal and philosophical frameworks often remain shaped by human-centered models of subjecthood, embedded in arboreal metaphors of trees and forests. This article argues that these arboreal metaphors reproduce stable identities and hierarchical relations, while fungi foreground interdependence, relationality, and distributed agency that unsettle conventional assumptions about legal subjects. Drawing on key RoN cases and debates in philosophy and legal theory, we show how thinking with fungi helps unbind the subject of law by challenging models of subjectivity that stabilize identities, reinforce hierarchy, and project human exceptionalism onto nature.

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Type
Article
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Copyright
© The Author(s), 2026. Published by Cambridge University Press