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

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

Author: Nicole Rogers; Michelle Maloney
Publisher: Routledge
ISBN: 9781138669086

Published In: May 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367024192

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This book is a collection of re-written existing judgments and hypothetical judgments, that offer a ‘wild law’ perspective. The term ‘wild law’ names the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence.

Based upon ecocentric rather than human-centred or anthropocentric principles, this jurisprudence poses a unique critical challenge to the dominant focus and orientation of the common law.

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.

Covering areas as diverse as tort law, corporations law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique and innovative collection will provide a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement, and in helping to create a new system of law in which Earth really matters.

Introduction, Nicole Rogers and Michelle Maloney Writing judgments ‘wildly’, Justice Brian Preston

Part 1

1. Public nuisance in the Great Barrier Reef: Green sea turtles by the representative, Meryl Streef v the State of Queensland and the Commonwealth of Australia, Justice Brian Preston

2. Civil disobedience and corporations law: R v Moylan, Matthew Rimmer

3. Wild negligence: Donoghue v Stevenson, Bee Chen Goh

4. Logging and acquiring World Heritage: Can something go wrong with what the Tasmanian Dams case achieved? Commonwealth v Tasmania, Afshin Akhtar Khavari

5. Quantifying the environmental impact of coal mines: lessons from the Xstrata case: Xstrata Coal Queensland Pty Ltd & Ors v. Friends of the Earth - Brisbane Co-Op Ltd & Ors, and Department of Environment and Resource Management, Julia Dehm

6. Statutory interpretation from an Earth-centred perspective: Hancock Coal v Kelly and Dept of Environment and Heritage Protection (No 4), Kate Galloway

7. Activism and animal rights: a wild law approach to political communication, Levy v Victoria, Nicole Rogers

8. The role of the criminal law in regulating international trade in endangered animals, Michelle Maloney

9. Genetic contamination and the right to a healthy environment: Marsh v Baxter, Cristy Clark

10. Deconstructing property rights: an earth-centred approach to Australian constitutional law: Newcrest Mining (WA) Ltd v Commonwealth, Aidan Ricketts 11. Freedom of speech in public places: Magee v Delaney, Susan Bird 12. Redefining democracy: Attorney-General (Cth), Ex Rel McKinlay v The Commonwealth Tom Round

13. Compensation for loss of land and the role of natural values in land valuation, Michele Payne

14. Information environmentalism and the information commons, Robert Cunningham

Part II

15. Law of the Land, fracking, golf courses and drains, Irene Watson, Kathy Bowrey and Ruth Beach

16. Sovereign law: The ‘Whitefella’ Court and the Muckaty Mob, Greta Bird and Jo Bird

17. The legality of animal testing from an Indigenous perspective, Ambelin Kwaymullina

18. The Separation Tree case, Matt Hall and Claire Kaylock

19. Whaling in the Antarctic: re-evaluating international law, Rowena Maguire and Hope Johnson

20. Protecting the Grey Nurse Shark: Nature Conservation Council of NSW Inc v Minister for Environment and Water Resources and Ors, Jessica Wood

21. Collective damage and coalmines: Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage and Others, Felicity Deane

22. The indigenous commons: Mabo v Queensland (No 2), Stephen Summerhayes

23. Corporate responsibility and uranium mining: Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities, BHP Billiton Olympic Dam Corporation Pty Ltd and State of South Australia (No 2), Ruth Beach

24. Sandon Point as litigant: is inappropriate development an assault? Walker v Minister for Planning, Peter Clarke

25. The Earth as stakeholder: The Wilderness Society of WA (Inc) v Minister for Environment, Sean Helbig