ABSTRACT

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.

part I|66 pages

Multispecies Justice

chapter Chapter 2|20 pages

Takayna/Tarkine and the EPBC Act

From Heritage Frameworks to Habitat Thinking

chapter Chapter 3|20 pages

Are Nonhuman Animals Entitled to Dignity, Privacy, and Non-Exploitation?

A Smart Dairy Farm of the Future

chapter Chapter 4|13 pages

The Sea Casts Its Net of Justice Wide

A Speculative Judgment for What Has Been Left to the Waters of Despair

part II|82 pages

Intergenerational Justice

chapter Chapter 6|16 pages

The Doctrine of Quantum Entanglement

chapter Chapter 8|17 pages

The Truth and Reparations Commission

Climate Reparations for the Anthropocene

chapter Chapter 10|16 pages

Piccadilly Circus Water Lilies

A Judgment on Participation and Place Experience in Future Planning Decisions

part III|76 pages

Postcolonial Justice

chapter Chapter 11|10 pages

The Problem with Cooperative Action Problems

Conceptions of Agency and the Understanding of Environmental Crises

chapter Chapter 13|14 pages

The Disillusion of International Law

chapter Chapter 15|16 pages

A Bleak Future Beckons Climate Refugees

part IV|60 pages

After the Anthropocene