Law as if earth really mattered: the wild law judgement project
In: Law, justice and ecology
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In: Law, justice and ecology
In: Law, justice and ecology
"Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into to practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian, Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence"--
"This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary scaled challenges of the Anthropocene. The book's contributors - from Australia, Asia, Europe and the United Kingdom - take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of post-colonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgments projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book's contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future world building; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, moreover - and of necessity - speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene"--
In: Routledge explorations in environmental studies
IntroductionPART 1: Overview: from environmental to ecological law1. The transformation of environmental law into ecological lawMASSIMILIANO MONTINIPART 2: Problems with contemporary law: two illustrative examples2. The targeting of environmentalists with state-corporate intelligence networksPETER D. BURDON3. Ecological jurisprudence beyond Earth: toward an outer space ethicREED ELIZABETH LODERPART 3: Solutions in ecological law4. Ecological law in the AnthropoceneOLIVIA WOOLLEY5. Restoring land, restoring law: theorizing ecological law with ecological restorationEMILLE BOULOT6. Are rights of nature radical enough for ecological law?GEOFFREY GARVER7. Ecological jurisprudence and Indigenous relational ontologies: beyond the ecological Indian?KIRSTEN ANKER8. Conjuring sentient beings and relations in the law: rights of nature and a comparative praxis of legal cosmologies in Latin AmericaIVÁN DARÍO VARGAS RONCANCIO9. Needs-based constraints in an ecological law transitionCARLA SBERT10. The potential of the trusteeship theory for Canadian public law and environmental governanceSTÉPHANIE ROY11. African eco-philosophy on forests: a path worth exploring for the implementation of Earth jurisprudenceNGOZI FINETTE UNUIGBEPART 4: Challenges in the transition to ecological law12. Green(ing) legal theory: social logics and their re-formationMICHAEL M'GONIGLE13. Lawyers and ecological lawL. KINVIN WROTH14. Learning sacrifice: legal education in the AnthropoceneNICOLE GRAHAM15. Tribal ecological knowledge and the transition to ecological lawHILLARY M. HOFFMANN16. Practical pathways to ecological law: Greenprints and a bioregional, regenerative governance approach for AustraliaMICHELLE MALONEY
In: Marine policy, Band 122, S. 104059
ISSN: 0308-597X
This article examines the practical implications of ecological democracy or ecodemocracy, inquiring how capable democratic societies are of addressing environmental challenges. It asks: What is needed to secure democratic legitimacy for policy measures to benefit nonhuman species? What would ecodemocracy look like in practice? Different types of existing and possible types of representation are discussed, including the expansion of the precautionary principle, the Council of All Beings or Parliament of Things, and representation through the Parties for Animals. A possible approach in the form of a mandate for proxy eco-representation similar to civil rights through continuous affirmative action is investigated. Limitations and possibilities of each approach for nature representation are weighed.
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