Justice at the edge: Hearing the sound of silence
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Author(s)
Economides, Kim
Timoshanko, Aaron
Ferraz, Leslie S
Griffith University Author(s)
Year published
2020
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Show full item recordAbstract
This article examines a novel emerging trend in the access to justice movement. This latest trend is best seen as a counter-wave - or rip current - that seeks to incorporate knowledge and experience found at the periphery of the legal system in order to advance the theory and practice that underpins access to justice. Drawing on recent legal developments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Maori world view that treats natural objects in much the same way as respected family members. This new perspective is indicative of the counter-wave in action and illustrates ...
View more >This article examines a novel emerging trend in the access to justice movement. This latest trend is best seen as a counter-wave - or rip current - that seeks to incorporate knowledge and experience found at the periphery of the legal system in order to advance the theory and practice that underpins access to justice. Drawing on recent legal developments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Maori world view that treats natural objects in much the same way as respected family members. This new perspective is indicative of the counter-wave in action and illustrates how legal principles derived from the periphery - in this case rooted in the First Law of the Maori people - are being recognised and incorporated into the mainstream legal system, holding the potential to advance access to justice for First Nations peoples whilst also bringing other benefits to the wider society. Focusing primarily on Australia, Brazil and Canada, our aim is to highlight common signs of receptivity for granting natural objects personhood status, and to show how this converging trend could enrich both the quality and accessibility of justice in these and other jurisdictions.
View less >
View more >This article examines a novel emerging trend in the access to justice movement. This latest trend is best seen as a counter-wave - or rip current - that seeks to incorporate knowledge and experience found at the periphery of the legal system in order to advance the theory and practice that underpins access to justice. Drawing on recent legal developments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Maori world view that treats natural objects in much the same way as respected family members. This new perspective is indicative of the counter-wave in action and illustrates how legal principles derived from the periphery - in this case rooted in the First Law of the Maori people - are being recognised and incorporated into the mainstream legal system, holding the potential to advance access to justice for First Nations peoples whilst also bringing other benefits to the wider society. Focusing primarily on Australia, Brazil and Canada, our aim is to highlight common signs of receptivity for granting natural objects personhood status, and to show how this converging trend could enrich both the quality and accessibility of justice in these and other jurisdictions.
View less >
Journal Title
Adelaide Law Review
Volume
41
Issue
1
Copyright Statement
© The Author(s) 2020. The attached file is reproduced here in accordance with the copyright policy of the publisher. For information about this journal please refer to the journal’s website or contact the author(s).
Subject
Criminology
Social Sciences
Government & Law