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12 - Reimagining the Common Law

Rights of Nature Tribunals and the Wild Law Judgment Project

from Part III - Perspectives

Published online by Cambridge University Press:  16 March 2023

Sandy Lamalle
Affiliation:
Concordia University, Montréal
Peter Stoett
Affiliation:
Ontario Tech University
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Summary

Performance and performative writing can play a key role in opening up an extralegal space for new representations of non-human species and Earth itself. This is apparent in two recent initiatives: the Rights of Nature tribunals and the Wild Law Judgment project. The Rights of Nature tribunals constitute an unconventional performative forum for recognition of non- mainstream representations of Earth and its communities. The Wild Law Judgment project has provided an important space for unsettling anthropocentric assumptions and expectations in the common law. In ‘dressing up’ as judges, as tribunal members and judgment rewriters, we perform law differently to achieve Earth-centred outcomes.

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Publisher: Cambridge University Press
Print publication year: 2023

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References

Primary Sources

Native Title Act 1993 (Cth)Google Scholar

Secondary Sources

Gloucester Resources Limited v. Minister for Planning [2019] NSWLEC 7Google Scholar
Mabo and Ors v. Queensland (No. 2) (1992) 175 CLR 1Google Scholar
Members of the Yorta Yorta Aboriginal Community v. Victoria (2002) 214 CLR 422Google Scholar
Northern Territory v. Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7 (13 March 2019)Google Scholar

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