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Justice at the edge: Hearing the sound of silence

Research output: Contribution to journalArticlepeer-review

3 Citations (Scopus)

Abstract

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 develop-ments 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.

Original languageEnglish
Pages (from-to)39-85
Number of pages47
JournalAdelaide Law Review
Volume41
Issue number1
Publication statusPublished - Sept 2020

Bibliographical note

Publisher Copyright:
© 2020, University of Adelaide. All rights reserved.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Justice
  • Access to justice
  • Social movements

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