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After the Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review

Abstract

This chapter, as a contribution to the present volume on hypothetical judgments in the post-Anthropocene, imagines this possibility somewhat differently. It does so by imagining a scenario without the modern legal system altogether. The reasoning for this is rooted in the author's understanding of the impossibility of subjectivity of law – as it is practised, learned, and studied as a discipline – and therefore the impossibility of it approximating the post-Anthropocene. My conjecture is rooted in the understanding of law as one of human social systems. The Law is attempting to change towards various engagements with the nonhuman, posthuman, rights of nature, digital realities, artificial intelligence, and so on. This change, however, is able to consider absorption and inclusion of these narratives only as part of the self-repeating jurisprudential language, and existing well-established formalities, rules, and procedures of the legal discipline. Environmental degradation is a response of the nonhuman to human activities, and this response does not rely on human understanding of the law, nor does it consult the human; ‘it’, or to use the better term, the actual Earth System, reacts in accordance with laws complex and simple, chemical reactions, physical reactions, biological, and so on. The complex Earth System approach centres on how the relationships among parts give rise to the collective behaviours of a system, and how the system interacts and forms relationships with its environment.
Original languageEnglish
Title of host publicationThe Anthropocene Judgments Project
Subtitle of host publicationFutureproofing the Common Law
EditorsNicole Rogers, Michelle Maloney
Place of PublicationLondon
PublisherRoutledge
Pages259-272
Number of pages14
ISBN (Electronic)9781003389569
ISBN (Print)9781032485409, 9781032485423
DOIs
Publication statusPublished - 1 Dec 2023
Externally publishedYes
MoEC publication typeA3 Part of a book or another research book

Keywords

  • law

Field of science

  • Law

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