Law as if Earth Really Mattered

Law as if Earth Really Mattered : The Wild Law Judgment Project

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Description

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.
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Product details

  • Paperback | 404 pages
  • 156 x 234 x 21.08mm | 567g
  • ROUTLEDGE
  • London, United Kingdom
  • English
  • 2 Tables, black and white
  • 0367024195
  • 9780367024192

Table of contents

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
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About Nicole Rogers

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
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