Fr. 236.00

Law As If Earth Really Mattered - The Wild Law Judgment Project

English · Hardback

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Informationen zum Autor 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 Klappentext 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. 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. Zusammenfassung 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. Inhaltsverzeichnis 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...

Product details

Authors Nicole Maloney Rogers
Assisted by Michelle Maloney (Editor), Michelle (Griffith University) Maloney (Editor), Maloney Michelle (Editor), Nicole Rogers (Editor), Rogers Nicole (Editor)
Publisher Taylor & Francis Ltd.
 
Languages English
Product format Hardback
Released 25.04.2017
 
EAN 9781138669086
ISBN 978-1-138-66908-6
No. of pages 404
Series Law, Justice and Ecology
Law, Justice and Ecology
Subjects Social sciences, law, business > Law > Mercantile and commercial law

LAW / Environmental, LAW / Comparative, LAW / Common, comparative law, Common Law, Environment law, Systems of law: common law

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