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

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.

Les mer

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 Jerome’s 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)

Les mer
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.
Envisions what Earth law judging in the UK could look like through a series of reimagined judgments

Produktdetaljer

ISBN
9781509970858
Publisert
2024-07-11
Utgiver
Bloomsbury Publishing PLC
Vekt
600 gr
Høyde
236 mm
Bredde
158 mm
Dybde
22 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
304

Biografisk notat

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.