Prefiguring legal alternatives in environmental and climate justice struggles in Australia

被引:0
作者
Clark, Cristy [1 ]
Goldblatt, Beth [2 ,3 ]
机构
[1] Univ Canberra, Fac Business Govt & Law, Canberra, Australia
[2] Univ Technol Sydney, Fac Law, Sydney, Australia
[3] Univ Witwatersrand, Sch Law, Johannesburg, South Africa
来源
JOURNAL OF HUMAN RIGHTS AND THE ENVIRONMENT | 2024年 / 15卷 / 02期
关键词
prefigurative legality; legal ontological work; legal pluralism; climate justice; relationality; PROPERTY; POLITICS; RIGHTS; POWER;
D O I
暂无
中图分类号
X [环境科学、安全科学];
学科分类号
08 ; 0830 ;
摘要
This article examines attempts by environmental advocates to engage with the law's failure to adequately respond to climate change by using alternative legal framings or venues to ' ima- gine law otherwise' and to foster legal ontological shifts. It examines these actions - including the Martuwarra Fitzroy River Council's Fitzroy River Declaration and treaty making projects, and a recent successful UN Human Rights Committee communication brought by a community in the Torres Strait against Australia - using the lens of prefigurative theory and considers what these examples tell us about the boundaries of the concept of ' prefigura- tive legality'. The legal ontological work performed by these actions is necessitated in part by their decolonial ambitions, including the promotion of legal pluralism. This raises issues that require further consideration, including what prefigurative theory can learn from Indigenous- led environmental activism that responds prefiguratively to (settler-colonial) law, how well prefigurative legal action supports legal ontological work, and whether prefiguration has a role to play in supporting actors to navigate the risks of ' ontological submission'.
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页码:214 / 236
页数:23
相关论文
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