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Author: Nicole Rogers Publisher: Taylor & Francis ISBN: 1003813143 Category : Law Languages : en Pages : 242
Book Description
This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary-scaled challenges of the Anthropocene. The book’s contributors –from Australia, Asia, Europe, and the United Kingdom –take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of postcolonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgment projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book’s contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future worldbuilding; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, of necessity, speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students, and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene.
Author: Nicole Rogers Publisher: Taylor & Francis ISBN: 1003813143 Category : Law Languages : en Pages : 242
Book Description
This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary-scaled challenges of the Anthropocene. The book’s contributors –from Australia, Asia, Europe, and the United Kingdom –take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of postcolonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgment projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book’s contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future worldbuilding; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, of necessity, speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students, and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene.
Author: Nicole Rogers Publisher: Routledge ISBN: 9781032485409 Category : Languages : en Pages : 0
Book Description
This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary scaled challenges of the Anthropocene. The book's contributors - from Australia, Asia, Europe and the United Kingdom - take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of post-colonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgments projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book's contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future world building; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, moreover - and of necessity - speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene.
Author: Nicole Rogers Publisher: ISBN: 9781032485423 Category : Common law Languages : en Pages : 0
Book Description
"This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary scaled challenges of the Anthropocene. The book's contributors - from Australia, Asia, Europe and the United Kingdom - take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of post-colonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgments projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book's contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future world building; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, moreover - and of necessity - speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene"--
Author: Rosemary Hunter Publisher: Bloomsbury Publishing ISBN: 1847317278 Category : Law Languages : en Pages : 414
Book Description
While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Author: Máiréad Enright Publisher: Bloomsbury Publishing ISBN: 1509908943 Category : Law Languages : en Pages : 701
Book Description
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
Author: Nicole Watson Publisher: Routledge ISBN: 1000401243 Category : History Languages : en Pages : 244
Book Description
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
Author: Heather Douglas Publisher: Bloomsbury Publishing ISBN: 1782255419 Category : Law Languages : en Pages : 816
Book Description
This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
Author: Byron Williston Publisher: OUP Oxford ISBN: 0191063657 Category : Political Science Languages : en Pages : 222
Book Description
The evidence presented in the recently released Fifth Assessment Report (AR5) of the Intergovernmental Panel on Climate Change (IPCC) suggests strongly that continued failure to make meaningful cuts to greenhouse gas emissions could bring about disastrous results for the human community, especially for future generations. Summing up the findings of AR5, Rajendra Pachauri, chairman of the IPCC, has stated that our persistent inaction on climate change presents a grave threat to the very social stability of human systems. The Anthropocene Project attempts to make philosophical sense of this, examining the reasons for the inaction highlighted by the IPCC, and suggests the normative bases for overcoming it. Williston identifies that we are now in the human agethe Anthropocenebut he argues that this is no mere geological marker. It is instead best viewed as the latest permutation of an already existing moral and political project rooted in Enlightenment values. The author shows that it can be fruitful to do climate ethics with this focus because in so many aspects of our culture we already endorse broadly Enlightenment values about progress, equality, and the value of knowledge. But these values must be robustly instantiated in the dispositions of moral agents, and so we require a climate ethics emphasizing the virtues of justice, truthfulness, and rational hope. One of the books most original claims is that our moral failure on this issue is, in large part, the product of motivated irrationality on the part of the world's most prosperous people. We have failed to live up to our commitments to justice and truthfulness because we are, respectively, morally weak and self-deceived. Understanding this provides the basis for the rational hope that we might yet find a way to avoid climate catastrophe.
Author: Donald A. Brown Publisher: Taylor & Francis ISBN: 1000934241 Category : Philosophy Languages : en Pages : 631
Book Description
The Routledge Handbook of Applied Climate Change Ethics is a powerful reference source for the identification and exploration of the underlying ethical issues in climate change law and policy. Bridging theory with practice, it takes ethical engagement out of the classroom and into the halls of governance. The Handbook‘s 39 chapters--written by a diverse and inter-disciplinary team of experts from around the world--are case studies divided into five parts. Parts I-IV highlight the ethical issues that arise in climate change policy formation, from duties not to harm to duties to consider the views and voices of those who will be, or are being, harmed; from the role of human rights, justice, and democracy to how to identify and respond to disinformation and denialism. It also raises the ethics of various policy responses, such as cap-and-trade, carbon taxing, and geo-engineering. Part V offers a way forward, with strategies on how to expressly consider ethics in climate change policy formation, from negotiations to education, media, communication, and the power and potential of shaming. The volume is essential reading for students, professors, and practitioners who wish to better engage with government and non-government organizations on climate policy, to better understand the practical application of the theory and philosophy of ethics, and how to more strongly draft and defend ethical action in negotiating, drafting, and defending climate change law and policy.
Author: Alex Green Publisher: Taylor & Francis ISBN: 1040165435 Category : Law Languages : en Pages : 277
Book Description
This book presents and engages the world-building capacity of legal theory through cultural legal studies of science and speculative fictions. In these studies, the contributors take seriously the legal world building of science and speculative fiction to reveal, animate and critique legal wisdom: juris-prudence. Following a common approach in cultural legal studies, the contributors engage directly, and in detail, with specific cultural ‘texts’, novels, television, films and video games in order to explore a range of possible legal futures. The book is organized in three parts: first, the contextualisation of science and speculative fiction as jurisprudence; second, the temporality of law and legal theory and third, the analysis of specific science and speculative fictions. Throughout, the contributors reveal the way in which law as nomos builds normative universes through the narration of a future. This book will appeal to scholars and students with interests in legal theory, cultural legal studies, law and the humanities and law and literature.
Author: Nicole Rogers
Author: Nicole Rogers
Author: Nicole Rogers
Author: Nicole Rogers
Author: Rosemary Hunter
Author: Máiréad Enright
Author: Nicole Watson
Author: Heather Douglas
Author: Byron Williston
Author: Donald A. Brown
Author: Alex Green