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The Anthropocene Judgments Project: Futureproofing the Common Law

Edited by: Nicole Rogers, Michelle Maloney

ISBN13: 9781032485409
ISBN: 103248540X
Published: December 2003
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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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.

Subjects:
Judiciary
Contents:
1. Judging the Future and the Future of Judging: The Anthropocene Judgments Project
Nicole Rogers

PART I: Multispecies Justice
2. Takayna/Tarkine and the EPBC Act: From Heritage Frameworks to Habitat Thinking
Brad Jessup and Christine Parker
3. Are Nonhuman Animals Entitled to Dignity, Privacy and Non-Exploitation? A Smart Dairy Farm of the Future
Natalia Szablewska and Clara Mancini
4. The Sea Casts its Net of Justice Wide: A Speculative Judgment for What Has Been Left to the Waters of Despair
Foluke Adebisi
5. Swan by her Litigation Representative Bella Donna of the Champions v Administrative Algorithmic Transformer and Minister for Immigration and Border Protection
André Dao

PART II: Intergenerational Justice
6. The Doctrine of Quantum Entanglement
Kate Galloway
7. The Case of Young People v Government of Ireland
Aoife Daly and Orla Kelleher
8. The Truth and Reparations Commission: Climate Reparations for the Anthropocene
Zoe Nay and Julia Dehm
9. How to Blow Up a Coalmine: The Trial of the Waratah 7
Nicole Rogers
10. Piccadilly Circus Water Lilies: A Judgment on Participation and Place Experience in Future Planning Decisions
Chiara Armeni

PART III: Post-Colonial Justice
11. The Problem with Cooperative Action Problems: Conceptions of Agency and the Understanding of Environmental Crises
Oscar Davis, Bindi Bennett and Kelly Menzel
12. A Voice, Truth and Treaty Thought Experiment
Robert Cunningham
13. The Disillusion of International Law
Jo Bird and Greta Bird
14. Imagining Ecocentric Bioregional Law in Australia
Michelle Maloney
15. A Bleak Future Beckons Climate Refugees
Ayesha Riaz
PART IV After the Anthropocene
16. How will 2050 Forms of Artificial Intelligence (AI) Judge the Anthropocene?
Tania Sourdin and ChatGPT
17. After the Law
Elena Cirkovic
18. Former People of Planet Earth v The World Corporate Alliance
Susan Bird and Mark Brady
19. More-Than-Human Relations on the Third Rock from the Sun
Michelle Lim