ABSTRACT

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.

part |27 pages

Introduction

part II|83 pages

Mining, climate change and communities

chapter 10|18 pages

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

chapter 12|15 pages

Exploring fundamental legal change through adjacent possibilities

The Newcrest mining case

part III|47 pages

First Nations law

chapter 14|10 pages

Aboriginal laws of the land

Surviving fracking, golf courses and drains among other extractive industries

chapter 15|18 pages

Reimagining Aboriginal land rights: Crown, Country and custodians

Mabo v Queensland (No 2)

chapter 16|17 pages

Nuclear waste dump

Sovereignty and the Muckaty mob

part IV|35 pages

International law

chapter 17|19 pages

Whaling in the Antarctic (Australia v Japan: New Zealand intervening)

Hope Johnson, Bridget Lewis and Rowena Maguire

chapter 18|14 pages

Restoring the transboundary harm principle in international environmental law

Rewriting the judgment in the San Juan River case

part V|62 pages

Criminal law and environmental activism

chapter 19|31 pages

Stand with Jono

Culture-jamming, civil disobedience and corporate regulation in an age of climate change

chapter 20|15 pages

Magee v Wallace

chapter 21|14 pages

Duck rescuers and the freedom to protest

Levy v Victoria

part VI|20 pages

Looking ahead

chapter 22|18 pages

Information environmentalism and biological data

A thought experiment