Law as if Earth Really Mattered: The Wild Law Judgment Project / Edition 1

by Nicole Rogers, Michelle Maloney

Overview

This book is a collection of re-written existing judgments and hypothetical judgments, that offer a ‘wild law’ perspective. The term ‘wild law’ names the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence. Based upon ecocentric rather than human-centred or anthropocentric principles, this jurisprudence poses a unique critical challenge to the dominant focus and orientation of the common law. Drawing its inspiration from various feminist judgment projects, this book opens up judicial decision-making to critical scrutiny from a wild law or Earth-centred perspective. In this respect, its experiment with different forms and processes for wild judicial decision-making, unsettles the anthropocentric and property rights assumptions embedded in existing common law, by placing Earth and the greater community of life at the centre of its judgments. Covering areas as diverse as tort law, corporations law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique and innovative collection will provide a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement, and in helping to create a new system of law in which Earth really matters.

Product Details

ISBN-13:	9781138669086
Publisher:	Taylor & Francis
Publication date:	04/25/2017
Series:	Law, Justice and Ecology
Pages:	404
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Nicole Rogers is based in the School of Law and Justice, at Southern Cross University; Michelle Maloney is based at Griffith University, and is also National Convenor of the Australian Earth Laws Alliance.

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