This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective.
Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.
Edited by:
Nicole Rogers,
Michelle Maloney
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 748g
ISBN: 9781138669086
ISBN 10: 1138669083
Series: Law, Justice and Ecology
Pages: 404
Publication Date: 25 April 2017
Audience:
College/higher education
,
Professional and scholarly
,
Further / Higher Education
,
A / AS level
Format: Hardback
Publisher's Status: Active
TABLE OF CONTENTS INTRODUCTION 1 The Wild Law Judgment Project Nicole Rogers and Michelle Maloney 2 Writing judgments 'wildly' Justice Brian Preston PART I Standing and wellbeing of non-human species 3 Green sea turtles by the representative, Meryl Streef v The State of Queensland and the Commonwealth of Australia Justice Brian Preston 4 Great Barrier Reef v The Australian Federal and State governments and others Cormac Cullinan 5 The fraught and fishy tale of Lungfish v The State of Queensland Benedict Coyne 6 Attorney-General (Cth); Ex Rel McKinlay v The Commonwealth Tom Round 7 Wild negligence: Donoghue v Stevenson Bee Chen Goh and Tom Round 8 Shaw v McCreary Edward Mussawir PART II Mining, climate change and communities 9 Coal mines and wild law: a judgment for the climate Felicity Deane and Katie Woolaston 10 Quantifying the environmental impact of coal mines: lessons from the Wandoan case, Xstrata Coal Queensland Pty Ltd v Friends of the Earth Brisbane Co-op Julia Dehm 11 Coast and Country Association of Queensland Inc v Minister for Environment and Heritage protection Kate Galloway 12 Exploring fundamental legal change through adjacent possibilities: the Newcrest mining case Aidan Ricketts 13 Metgasco Limited v Minister for Resources and Energy Cristy Clark PART III First Nations law 14 Aboriginal laws of the land: surviving fracking, golf courses and drains among other extractive industries Irene Watson 15 Reimagining Aboriginal land rights: Crown, Country and custodians. Mabo v Queensland (No 2) Stephen Summerhayes 16 Nuclear waste dump: sovereignty and the Muckaty mob Greta Bird and Jo Bird PART IV International law 17 Whaling in the Antarctic (Australia v Japan: New Zealand intervening) Hope Johnson, Bridget Lewis and Rowena Maguire 18 Restoring the transboundary harm principle in international environmental law: rewriting the judgment in the San Juan River case Afshin Akhtar-Khavari PART V Criminal law and environmental activism 19 Stand with Jono: culture-jamming, civil disobedience and corporate regulation in an age of climate change Matthew Rimmer 20 Magee v Wallace Susan Bird 21 Duck rescuers and the freedom to protest: Levy v Victoria Nicole Rogers PART VI Looking ahead 22 Information environmentalism and biological data: a thought experiment Robert Cunningham Index
Nicole Rogers is based in the School of Law and Justice at Southern Cross University, Australia. Michelle Maloney is the National Convenor of the Australian Earth Laws Alliance, and teaches Earth jurisprudence at Griffith University, Brisbane, Australia
