Justice at the edge: Hearing the sound of silence
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...
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2020
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ftusqland:oai:research.usq.edu.au:q5wzq 2023-10-09T21:51:32+02:00 Justice at the edge: Hearing the sound of silence Economides, Kim Timoshanko, Aaron Ferraz, Leslie S 2020 https://research.usq.edu.au/item/q5wzq/justice-at-the-edge-hearing-the-sound-of-silence unknown University of Adelaide Press Economides, Kim, Timoshanko, Aaron and Ferraz, Leslie S. 2020. "Justice at the edge: Hearing the sound of silence." Adelaide Law Review. 41 (1), pp. 39-85. Access to justice First Nations legal services Canada Brazil Australia article PeerReviewed 2020 ftusqland 2023-09-18T22:35:37Z 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 developments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Māori 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 Māori 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. Article in Journal/Newspaper First Nations University of Southern Queensland: USQ ePrints Canada New Zealand Rip ENVELOPE(-19.509,-19.509,65.690,65.690) |
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University of Southern Queensland: USQ ePrints |
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Access to justice First Nations legal services Canada Brazil Australia |
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Access to justice First Nations legal services Canada Brazil Australia Economides, Kim Timoshanko, Aaron Ferraz, Leslie S Justice at the edge: Hearing the sound of silence |
topic_facet |
Access to justice First Nations legal services Canada Brazil Australia |
description |
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 developments pioneered in Aotearoa/New Zealand that grant personhood status to natural objects, we report on the Māori 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 Māori 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. |
format |
Article in Journal/Newspaper |
author |
Economides, Kim Timoshanko, Aaron Ferraz, Leslie S |
author_facet |
Economides, Kim Timoshanko, Aaron Ferraz, Leslie S |
author_sort |
Economides, Kim |
title |
Justice at the edge: Hearing the sound of silence |
title_short |
Justice at the edge: Hearing the sound of silence |
title_full |
Justice at the edge: Hearing the sound of silence |
title_fullStr |
Justice at the edge: Hearing the sound of silence |
title_full_unstemmed |
Justice at the edge: Hearing the sound of silence |
title_sort |
justice at the edge: hearing the sound of silence |
publisher |
University of Adelaide Press |
publishDate |
2020 |
url |
https://research.usq.edu.au/item/q5wzq/justice-at-the-edge-hearing-the-sound-of-silence |
long_lat |
ENVELOPE(-19.509,-19.509,65.690,65.690) |
geographic |
Canada New Zealand Rip |
geographic_facet |
Canada New Zealand Rip |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
Economides, Kim, Timoshanko, Aaron and Ferraz, Leslie S. 2020. "Justice at the edge: Hearing the sound of silence." Adelaide Law Review. 41 (1), pp. 39-85. |
_version_ |
1779314664152236032 |