The Nomos of the Water: Indigenous Narrative Identity Claims to Justify Granting Legal Personhood to a River

Abstract

This article, anchored in Indigenous narratives, identifies the core arguments for granting juridical personhood to rivers and appointing Indigenous citizens as their legal guardians. The core arguments are as follows: for Indigenous peoples, dwelling on riverbanks is a matter of identity. This identity manifests itself through various interpersonal practices, including language – thus, narratives – and caring. The analysis of sampled narratives has uncovered valid rationales for granting legal personhood to rivers due to identities common for rivers and their dwellers, rivers’ specific capabilities, and their actantial features (rivers can act). Both legal personhood for rivers and Indigenous dwellers being in the role of their legal guardians are unique legal institutions to fulfil the critical interests and capabilities of rivers at a time when these fragile ecosystems are under threat. We illustrate this by using the Amazon and Oder rivers as examples and referring to the Yanomami’s and Olga Tokarczuk’s narrative accounts.