This open access book collects 11 reimagined judgments from the UK and challenges anthropocentrism in legal decision-making across a range of legal areas.
It draws from a range of Earth law approaches including rights of nature, animal rights, environmental human rights, well-being of future generations, ecocide, and reinterpretations of existing legal principles.
There is an urgent need to transform our legal institutions and cultures to foster healthier relationships between people and planet. The book explores how relationships between people, place, and the more-than-human world are produced, transformed, and destroyed through law, the limits of current law and the potential for positive transformation. A paradigm shift towards planetary, ecological and multispecies approaches offers possibilities for envisioning what the future of legal decision-making could look like.
Beyond the judgments, the book critically reflects on the developing field of Earth law and its potential for reshaping legal reasoning in the UK and beyond. It also offers possibilities for the future of Earth law from scholarly, educational, and policy perspectives within legal practice, training and education.
The book is a must read for scholars, students, legal practitioners and activists questioning the role of law and courts as mechanisms for change.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Arvustused
This book challenges traditional thought and reasoning and the contributors enthusiasm and commitment is both clear and inspiring ... The book genuinely is a must read for scholars, students, legal practitioners (yes, that includes judges!) and activists questioning the role of law and courts as a mechanism for change and one tool to help lead through our planetary crisis. * UK E-Law *
Muu info
This is the first collection of UK legal judgments reimagined from a range of Earth law perspectives, setting out possibilities for a new ecological jurisprudence in the UK.
1. Introduction, Helen Dancer (University of Sussex, UK), Bonnie
Holligan (University of Sussex, UK) and Helena Howe (University of Sussex,
UK)
2. Earth Law Judging: Transforming Legal Reasoning, Helen Dancer (University
of Sussex, UK), Bonnie Holligan (University of Sussex, UK) and Helena Howe
(University of Sussex, UK)
Part 1: Time
3. A Letter to Future Generations: Packham v Secretary of State for
Transport, The Prime Minister and HS2 Limited
Judgment: Helen Dancer (University of Sussex, UK)
Commentator: Young Voices
4. Attorney-General and Others and Kennard and Others v Cory Brothers and
Company, Limited, and Others: A View from Wales in 2023
Judgment: Karen Morrow (Swansea University, UK)
Commentator: Jo Hawkins (University of Leeds, UK)
Part 2: Subjectivities
5. Swale Water v Swale Water Workers for Marshes Coalition: Dangerous Work
Through the Lens of Earth Law
Judgment: Ania Zbyszewska (Carleton University, Canada)
Commentator: Anastasia Tataryn (St Jeromes University at the University of
Waterloo, Canada)
6. Of Pests and Privilege: Re-examining R (on the application of Countryside
Alliance and Others) v Attorney General
Judgment: Joe Wills (University of Leicester, UK)
Commentator: Chris Sangster (University of Northumbria, UK)
Part 3: Care and Obligation
7. Who Let the Pigs Out? Rooting for the Good Farmer in Savage v
Fairclough
Judgment: Helena Howe (University of Sussex, UK)
Commentator: Johanna Gibson (Queen Mary, University of London, UK)
8. Property Rights and Environmental Regulation on the Estuary: R (on the
application of Mott) v Environment Agency
Judgment: Bonnie Holligan (University of Sussex, UK)
Commentator: Hannah Blitzer (Wildlife and Countryside Link, UK)
Notes on the Wildlaw Judgment Generator: Jo Lindsay Walton (University of
Sussex, UK)
Part 4: Harm and Responsibility
9. Corporations and the Duty of Care for Nature? An Amicus Curiae for the
Case of Vedanta Resources PLC and Konkola Copper Mines
Judgment: Saskia Vermeylen (University of Strathclyde, UK) and Jérémie
Gilbert (University of Roehampton, UK)
Commentator: Felicity Kayumba Kalunga (University of Zambia)
10. Ecocide in the International Criminal Court: The Prosecutor v Mr X
(Reparations Order)
Judgment: Rachel Killean (University of Sydney, Australia)
Commentator: Damien Short (University of London, UK)
Part 5: Knowledges
11. On Windfarms and Whimbrel: Sustainable Shetland v The Scottish Ministers
Judgment: Sir Crispin Agnew of Lochnaw Bt KC (University of Dundee, UK)
Commentator: Malcolm Combe (University of Strathclyde, UK)
12. On the Issuing of Traffic Regulation Orders in the Lake District National
Park: Stubbs (on behalf of Green Lanes Environmental Action Movement) v Lake
District National Park Authority and Ors
Judgment: Julia Aglionby (University of Cumbria, UK)
Commentator: Chris Rodgers (University of Newcastle, UK)
13. To Open Up: A Performative Rewriting of Pendragon v United Kingdom, Lucy
Finchett-Maddock (Bangor University, UK) and Andreas
Philippopoulos-Mihalopoulos (University of Westminster, UK)
14. Afterword: Changing Legal Cultures, Helen Dancer (University of Sussex,
UK), Bonnie Holligan (University of Sussex, UK) and Helena Howe (University
of Sussex, UK)
Helen Dancer is Senior Lecturer in Law and Anthropology at the University of Sussex, UK. Bonnie Holligan is Senior Lecturer in Property Law at the University of Sussex, UK. Helena Howe is Senior Lecturer in Law at the University of Sussex, UK.
