Law As If Earth Really Mattered: The Wild Law Judgment Project (law, Justice And Ecology)

"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." --Publisher's description Cover 1 Title 4 Copyright 5 Contents 6 Notes on contributors 10 Preface 18 Introduction 20 1 The Wild Law judgment Project 22 2 Writing judgments 'wildly' 38 PART I Standing and wellbeing of non-human species 48 3 Green sea turtles by their representative, Meryl Streef ν The State of Queensland and. the Commonwealth of Australia 50 4 Great Barrier Reef ν Australian Federal and State governments and others 58 5 The fraught and fishy tale of Lungfish ν The State of Queensland 75 6 Attorney-General (Cth); Ex Rel McKinlay ν The Commonwealth 90 7 Wild negligence: Donoghue υ Stevenson 110 8 Shaw ν McCreary 126 PART II Mining, climate change and communities 142 9 Coal mines and wild law: a judgment for the climate 144 10 Quantifying the environmental impact of coal mines: lessons from the Wandoan case, Xstrata Coal Queensland Pty Ltd ν Friends of the Earth Brisbane Co-Op 162 11 Coast and Country Association of Queensland Inc ν Minister for Environment and Heritage Protection 180 12 Exploring fundamental legal change through adjacent possibilities: the Newcrest mining case 197 13 Metgasco Limited υ Minister for Resources and Energy 212 PART III First Nations law 226 14 Aboriginal laws of the land: surviving fracking, golf courses and drains among other extractive industries 228 15 Reimagining Aboriginal land rights: Crown, Country and custodians. Mabo ν Queensland (No 2) 238 16 Nuclear waste dump: sovereignty and the Muckaty mob 256 PART IV International law 274 17 Whaling in the Antarctic (Australia ν Japan: New Zealand intervening) 276 18 Restoring the transboundary harm principle in international environmental law: rewriting the judgment in the San Juan River case 295 PART V Criminal law and environmental activism 310 19 Stand with Jono: culture-jamming, civil disobedience and corporate regulation in an age of climate change 312 20 Magee ν Wallace 343 21 Duck rescuers and the freedom to protest: Levy ν Victoria 358 PART VI Looking ahead 372 22 Information environmentalism and biological data: a thought experiment 374 Index 392 "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."--Page 4 de la couverture "The Wild Law Judgment Project was launched at a workshop in 2014 by the editors of this collection, Dr Nicole Rogers from the School of Law and Justice, Southern Cross University and Dr Michelle Maloney from the Australian Earth Laws Alliance. The project forms part of a developing wild law or earth laws jurisprudence. In engaging with existing judicial reasoning from a wild law perspective and exploring the ways in which wild changes to existing laws change the nature of judicial reasoning, the project highlights opportunities for achieving wild law outcomes in the courtroom. At this critical juncture in Earth's history, when we confront an ecological crisis precipitated by human activity and accelerated by an ongoing adherence to the 'business as usual' mantra, the task of 'wilding' law is an urgent one."--Provided by publisher Introduction -- Part I. Standing And Wellbeing Of Non-human Species -- Part Ii. Mining And Climate Change And Communities -- Part Iii. First Nations Law -- Part Iv. International Law -- Part V. Criminal Law And Environmental Activism -- Part Vi. Looking Ahead. Edited By Nicole Rogers And Michelle Maloney. Includes Bibliographical References And Index. This book is a collection of re-written existing judgments and hypothetical judgments, that offer a 'wild law' perspective. 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. .