Reimagining the common law: Rights of Nature Tribunals and the Wild Law Judgment Project

Nicole Rogers, Greta Bird, Jo Bird, Michelle Maloney

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review


Property law is increasingly confronted with limits and modifications arising from environmental and social contexts. The objective of this chapter is to highlight how property law can provide answers to environmental challenges, by adapting several of its fundamental concepts to the polymorphism of environmental and social issues. Starting with a study of the theoretical movement of Earth jurisprudence, the chapter suggests that it is possible to consider Nature as a subject of legal interests, allowing it to acquire legal standing. It also suggests that it is necessary to reconceptualise property and its narrative to develop, in both civil and common law, a more limited, relational and functional conception of property. In addition, the polymorphic heritage of property law makes it possible to call upon the civilian concept of patrimony, in its symbolic or technical function, to protect the environment.
Original languageEnglish
Title of host publicationRepresentations and Rights of the Environment
EditorsSandy Lamalle, Peter Stoett
PublisherCambridge University Press
Number of pages22
ISBN (Electronic)9781108769327
Publication statusPublished - 16 Mar 2023


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