Law as if Earth Really Mattered: The Wild Law Judgment Project

Front Cover
Nicole Rogers, Michelle Maloney
Routledge, Apr 21, 2017 - Law - 403 pages

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.

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Contents

Notes on contributors
Preface
Green sea turtles by their representative Meryl Streef v The State
Great Barrier Reef v Australian Federal and State governments
The fraught and fishy tale of Lungfish v The State of Queensland
AttorneyGeneral Cth Ex Rel McKinlay v The Commonwealth
Donoghue v Stevenson
Shaw v McCreary
Metgasco Limited v Minister for Resources and Energy
surviving fracking golf courses
Crown Country
sovereignty and the Muckaty
New Zealand
Restoring the transboundary harm principle in international
culturejamming civil disobedience
Magee v Wallace

a judgment for the climate
lessons
Coast and Country Association of Queensland Inc v Minister
Exploring fundamental legal change through adjacent
Levy v Victoria
a thought
Index
Copyright

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About the author (2017)

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

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