1st Edition

Law as if Earth Really Mattered The Wild Law Judgment Project

Edited By Nicole Rogers, Michelle Maloney Copyright 2017
    404 Pages
    by Routledge

    404 Pages
    by Routledge

    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.



    1 The Wild Law Judgment Project

    Nicole Rogers and Michelle Maloney

    2 Writing judgments 'wildly'

    Justice Brian Preston

    PART I Standing and wellbeing of non-human species

    3 Green sea turtles by the representative, Meryl Streef v The State of Queensland and the Commonwealth of Australia

    Justice Brian Preston

    4 Great Barrier Reef v The Australian Federal and State governments and others

    Cormac Cullinan

    5 The fraught and fishy tale of Lungfish v The State of Queensland

    Benedict Coyne

    6 Attorney-General (Cth); Ex Rel McKinlay v The Commonwealth

    Tom Round

    7 Wild negligence: Donoghue v Stevenson

    Bee Chen Goh and Tom Round

    8 Shaw v McCreary

    Edward Mussawir

    PART II Mining, climate change and communities

    9 Coal mines and wild law: a judgment for the climate

    Felicity Deane and Katie Woolaston

    10 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

    Julia Dehm

    11 Coast and Country Association of Queensland Inc v Minister for Environment and Heritage protection

    Kate Galloway

    12 Exploring fundamental legal change through adjacent possibilities: the Newcrest mining case

    Aidan Ricketts

    13 Metgasco Limited v Minister for Resources and Energy

    Cristy Clark

    PART III First Nations law

    14 Aboriginal laws of the land: surviving fracking, golf courses and drains among other extractive industries

    Irene Watson

    15 Reimagining Aboriginal land rights: Crown, Country and custodians. Mabo v Queensland (No 2)

    Stephen Summerhayes

    16 Nuclear waste dump: sovereignty and the Muckaty mob

    Greta Bird and Jo Bird

    PART IV International law

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

    Hope Johnson, Bridget Lewis and Rowena Maguire

    18 Restoring the transboundary harm principle in international environmental law: rewriting the judgment in the San Juan River case

    Afshin Akhtar-Khavari

    PART V Criminal law and environmental activism

    19 Stand with Jono: culture-jamming, civil disobedience and corporate regulation in an age of climate change

    Matthew Rimmer

    20 Magee v Wallace

    Susan Bird

    21 Duck rescuers and the freedom to protest: Levy v Victoria

    Nicole Rogers

    PART VI Looking ahead

    22 Information environmentalism and biological data: a thought experiment

    Robert Cunningham



    Nicole Rogers is based in the School of Law and Justice at Southern Cross University, Australia.

    Michelle Maloney is the National Convenor of the Australian Earth Laws Alliance, and teaches Earth jurisprudence at Griffith University, Brisbane, Australia