{"title":"Ecolawriors: Knights of the Green Law Consciousness","authors":"Ryan J. Fisher","doi":"10.1515/gj-2022-0016","DOIUrl":null,"url":null,"abstract":"Abstract This article introduces the connected concepts of ecolawfare—legal challenges to violations and violators of environmental law—and ecolawriors, its practitioners. These concepts are extensions of lawfare and lawriors, terms that emerged in this century’s first decade in a military context. The article examines sociological, political economic, and legal literature, as well as black letter law, and argues that many non-US jurisdictions have been eco-friendly trendsetters in law. The article examines the relationships of ecolawfare and ecolawriors with Green social movements, presents a Marxian perspective on intergenerational equity, the public trust doctrine, and rights of nature against the backdrop of capitalist extraction, the climate crisis, and related litigation, and posits a legal parallel between protecting ecosystems and protecting civil rights. The article argues that the climate crisis demands radically new approaches to the law, including lawyers who do not think like traditional lawyers.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"22 1","pages":"493 - 515"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2022-0016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article introduces the connected concepts of ecolawfare—legal challenges to violations and violators of environmental law—and ecolawriors, its practitioners. These concepts are extensions of lawfare and lawriors, terms that emerged in this century’s first decade in a military context. The article examines sociological, political economic, and legal literature, as well as black letter law, and argues that many non-US jurisdictions have been eco-friendly trendsetters in law. The article examines the relationships of ecolawfare and ecolawriors with Green social movements, presents a Marxian perspective on intergenerational equity, the public trust doctrine, and rights of nature against the backdrop of capitalist extraction, the climate crisis, and related litigation, and posits a legal parallel between protecting ecosystems and protecting civil rights. The article argues that the climate crisis demands radically new approaches to the law, including lawyers who do not think like traditional lawyers.
期刊介绍:
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.