Towards a Theatrical Jurisprudence
Dr Marett Leiboff, University of Wollongong
The book will be launched by Professor Andreas Philippopoulos-Mihalopoulos
This book brings the insights of theatre theory to law, legal interpretation and the jurisprudential to reshape law as a practice of response and responsibility.
Confronting a Baconian antitheatrical legality embedded in its jurisprudences and interpretative practices, Marett Leiboff turns to theatre theory and practice to ground a theatrical jurisprudence, taking its cues from Han-Thies Lehmann’s conception of the postdramatic theatre and the early work of theatre visionary Jerzy Grotowski. She asks law to move beyond an imagined ideal grounded in Aristotelian drama and tragedy, and turns to the formation of the legal interpreter ・ lawyer, judge, jurisprudent ・ as fundamental to understanding what’s “noticed” or not noticed in law. We “notice” most easily through that which is written into the body of the legal interpreter, in a way that can’t be replicated through law’s standard practices of thinking and reasoning. Without more, thinking and reasoning are the epitome of antitheatricality legality; a set of theatrical antonyms, including transgression and instinct, offer instead a set of possibilities through which to reconceive assumptions and foundational concepts etched into the legal imaginary. And by turning to critical dramaturgy, the book reveals that the liveliness that sits behind theatrical jurisprudence isn’t a new concept in law at all, but has a long pedigree and lineage that had been lost and hidden. Theatrical jurisprudence, which demands an awareness of self and beyond self, grounds a responsiveness that can’t be found within doctrine, principle, or the technocratic, but also challenges us to notice what it is we think we know as well as what we know of lives in law that aren’t our own.
The book will be of interest to scholars and students in the field of jurisprudence, legal theory, theatre and performance studies, cultural studies and philosophy.
Dr Marett Leiboff
Dr Marett Leiboff, Associate Professor, School of Law, University of Wollongong Australia.
Marett is a jurisprudent who has drawn on her background in theatre studies to develop a new jurisprudence that draws from the work of theatre practitioner and theorist Jerzy Grotowski, which she’s styled theatrical jurisprudence. Her book Towards a Theatrical Jurisprudence was published by Routledge in 2019.
Law, Fiction and Activism in a Time of Climate Change
Dr Nicole Rogers, Southern Cross University
The book will be launched by Professor William MacNeil
The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism.
Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law’s empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis?
This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.
Dr Nicole Rogers
Dr Rogers is a Senior Lecturer at the School of Law and Justice, Southern Cross University and was a founding member of the School. She researches and writes in the areas of wild law, climate law, climate activism and performance studies theory and the law.
From 2014 to 2017 she instigated and co-led the Wild Law Judgment project. She is co-editor of Law as if Earth Really Mattered: The Wild Law Judgment Project (Routledge, 2017) and author of Law, Fiction and Activism in a Time of Climate Change (Routledge, 2019).
The Constitution of the Environmental Emergency
Dr Jocelyn Stacey, Peter A. Allard School of Law, University of British Columbia
The book will be launched by Professor Kirsten Anker
This book argues for a reframing of environmental law.
It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law.
This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm.
Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.
Dr Jocelyn Stacey
Jocelyn Stacey is an Assistant Professor at the Peter A. Allard School of Law, University of British Columbia. Her research and teaching focuses on Canadian environmental and administrative law.
Her first book, The Constitution of the Environmental Emergency (Hart Publishing, 2018) elaborate rule-of-law obligations that account for our ever-present vulnerability to catastrophic environmental harm. She has a doctorate in law from McGill University, and her doctoral dissertation, was nominated for the Governor General’s Gold Medal. She has a LLM from Yale Law School and an LLB from the University of Calgary. Professor Stacey has been the recipient of numerous research grants and academic awards including a SSHRC Joseph-Armand Bombardier Canada Graduate Scholarship for her doctoral work.
Prior to graduate work, Jocelyn clerked for the Honourable Justice Marshall Rothstein at the Supreme Court of Canada. She is a founding Board Member of the Pacific Centre for Environmental Law and Litigation, a non-profit society dedicated to training law students and young lawyers in public interest environmental law litigation. Professor Stacey researches the intersection between environmental issues, disaster and law.
Indigenous Water Rights in Law and Regulation: Lessons from Comparative Experience
Dr Elizabeth Macpherson, University of Canterbury
The book will be launched by Professor Afshin Akhtar-Khavari
Indigenous Water Rights in Law and Regulation responds to an unresolved question in legal scholarship: how are (or how might be) indigenous peoples’ rights included in contemporary regulatory regimes for water.
This book considers that question in the context of two key trajectories of comparative water law and policy. First, the tendency to ‘commoditise’ the natural environment and use private property rights and market mechanisms in water regulation. Second, the tendency of domestic and international courts and legislatures to devise new legal mechanisms for the management and governance of water resources, in particular ‘legal person’ models.
This book adopts a comparative research method to explore opportunities for accommodating indigenous peoples’ rights in contemporary water regulation, with country studies in Australia, Aotearoa New Zealand, Chile and Colombia, providing much needed attention to the role of rights and regulation in determining indigenous access to, and involvement with, water in comparative law.
Dr Elizabeth Macpherson
Dr Macpherson is a Senior Lecturer at the University of Canterbury Law School where she teaches resource management law, indigenous rights, human rights, comparative law and legal ethics.
Her research interests are in comparative natural resources law and indigenous rights in Australasia and Latin America. Her forthcoming book, IIndigenous Water Rights in Law and Regulationn: Lessons from Comparative Experience, will be published by Cambridge University Press in 2019.
Elizabeth is the Editor of the Canterbury Law Review and a member of the United Nations Knowledge Network on Harmony with Nature and World Commission for Environmental Law, an Advisory Board member for the Lawrence Anthony Earth Organisation, and a representative on the Banks Peninsula Water Zone Committee. Elizabeth has practised as an indigenous rights and natural resources lawyer in New Zealand, Australia and Chile, advising indigenous communities, developers and government.