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  • workshop on 20121012 and 20121013. participants; Heath Bunting, An Mertens, guillaume neu-rinaudo, reg carremans, karin ulmer, lucia penninckx, els de greef, rasa alksnyte, nik gaffney, maja kuzmanovic.
  • workshop on 20130406 and 20130407. participants: Rasa Alksnyte, Heath Bunting, An Mertens, Karin Ulmer, Christel Dusoleil, Mie Demin, xxxx.

Concept: Legal identity of trees in period of rapid extinction

Photos:

walk and tree identofication in Forest de Soignes / Verdronken Kinderen-Enfants Noyés.

Different elements of identity we looked at:

  • origin
  • age
  • gender
  • position/address/postcode

General parameters that create a 'normal' identity:

  • minimal for a natural person: name, date of birth, nationality
  • if you can provide an answer to the questions: “what's your name?”, “where are you from?”, “how old are you?”

Nationality is complex in general, and also for the tree

in some cases nationality could be replaced by citizenship. could this equate to the family or species the tree belongs to?

  • functional: telephone, email, postal address, gender
  • extra: health insurance number, debit card/bank account, tax number
  • actual: website, facebook, linkedin, myspace…
  • 'What can x do?'

proposal to create a 'corporation' around the tree?

  • A new legal persona is not necessarily a natural persona
  • Personhood can refer to
    • a human being (material essence, for example a person living on the street)
    • a natural person (for example, someone able to produce a state issued ID)
    • an artificial person (a corporation)

Personhood is defined by

  • institutions
  • a bureaucratic system
  • data: if you have enough data you can find/create meaning → 'invocation' of persona

'Natural and articifial persons' are considered to be the property of a human being, any property can be

  • kept
  • passed on
  • destroyed

we could wrap a corporation around the tree, insert a human dna-fragment in it…

if you don't have a birth certificate, you need a story…

How do we proceed?

  1. proto-personhood for trees: 'law', relationships of management & property
  2. philosophical: why?
  3. physicality: 'functionality', relationships to other people/things

A lot of trees have numbers (is there a register? how is it managed?), we can presume all trees have a owner in Belgium but owners may have different status (forest, private property, city of brussels)

So maybe interesting to add the parameter of 'owner/user' to the series of tree-parameters and talk about 'lineage' or 'species' instead of nationality

Q: who owns it? Who has an interest in using it?

A tree is defined by lineage but also by 'the context': a tree in the city will be different, it can be climbed, polluted, dependant on humans ('candle stick' pruning)

Q: where do the seeds come from? where did it grow up?

We make a checklist and look at it from different perspectives

Perspective of a tree: does not want to be chopped off & wants the right to light, soil & water

We looked at an 'Oak du marais' in rue des Minimes. it was transplanted 6 years ago from somewhere else, serves as a 'bar', a meeting place, contains lights from humans, hosts birds…

Look at the plane trees (platane) in front of the Walvis. they are planned to be chopped down, and a local protest was mounted because they are the 2 only trees at that side of the Boulevard (between Yser & Porte de Ninove). There is a plan to replace them with 3 new trees planted 3,5 m closer to the bar (effect: the terrace will be half as big)

  • We can create it and integrate it in our daily language, start taking it into account → method of 'invocation', it will start to exist
  • Look at the bigger picture: what if trees have legal identity & rights? How will we live alongside them: as separate entities or as chimera of tree/humans
  • a way to reconnect with trees, restore the natural-human relationship. e.g in some parts of Lithuania it is unthinkeable to cut a tree.
  • can we create a map of Brussels' forest?
  • do we see artificial arboreality as a business? what does it offer in terms of services (oxygen, fruit, fertile soil) - any shared good is value less in the dominant economic ideology of looking at the world → maybe think differently?
  • look into the 'personalities' of the trees
  • Ecuadorian constitution that has integrated the rights for Nature in the law
  • we are the system: there is no authority imposing a system on us, we're the embodiment of a system, our 'identity' is a position in the system we occupy
  • Heath's motivation: If we have rules to manage our identity, we can invert the rules to create identity
  • the human being can occupy most echological niches (of species that disappear)

Next phase: proof of concept, create prototypes

  • Look at information & data that exist already
  • question the frequency & absence of parameters, reconceptualize location, speed, appearance of the aboresceal persona

books & further reading

UK barrister Bob Colover and Heath Bunting discuss the legal issues around identities. What constitutes a person? What is the difference between an artificial and a natural person? And what are the legal aspects of buying an identity? in “Natural and Artificial Identities, or The Ease of Interaction.” A conversation between Heath Bunting (artist), Bob Colover (UK barrister) and Annet Dekker (SKOR) » http://www.skor.nl/nl/site/item/interview-heath-bunting-bob-colover

  • Compendium of Symbolic & ritual plants in Europe
  • Guide to wild foods
  • Mycelium running: how mushrooms can help save the world
  • The revenge of Gaia
  • The end of the wild
  • Hildegard's healing plants
  • A new green history of the world
  • Deep Survival, Lawrence González

Books

* Colin Tudge, The Secret Life of Trees, Scala, 2009

Law & Management Links

  • Brussels City (1000), Cel Groene Zones - responsable for choosing, planting & maintaining trees in 1000 Brussels: Patrick Maes Patrick.Maes@brucity.be 02/2796006
  • Le code forestier Flanders, Wallonia, Brussels (not changed since 1854, paper copy is with An)
  • Garde Forestier Verdronken Kinderen: Mr Willy Vandevelde (FR): 0497/599 463
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