Justice at the edge: Hearing the sound of silence

Economides, Kim ORCID: https://orcid.org/0000-0002-9106-6958 and Timoshanko, Aaron ORCID: https://orcid.org/0000-0002-4910-6100 and Ferraz, Leslie S (2020) Justice at the edge: Hearing the sound of silence. Adelaide Law Review, 41 (1). pp. 39-85. ISSN 0065-1915


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 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.


Statistics for USQ ePrint 39300
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 27 Aug 2020 04:55
Last Modified: 07 Mar 2021 04:37
Uncontrolled Keywords: Access to justice, First Nations, legal services, Canada, Brazil, Australia
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law
18 Law and Legal Studies > 1802 Maori Law > 180201 Nga Tikanga Maori (Maori Customary Law)
18 Law and Legal Studies > 1801 Law > 180102 Access to Justice
Fields of Research (2020): 45 INDIGENOUS STUDIES > 4505 Aboriginal and Torres Strait Islander peoples, society and community > 450599 Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified
45 INDIGENOUS STUDIES > 4511 Ngā tāngata, te porihanga me ngā hapori o te Māori (Māori peoples, society and community) > 451109 Ngā tikanga Māori (Māori customary law)
48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480501 Access to justice
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
C Society > 95 Cultural Understanding > 9599 Other Cultural Understanding > 959999 Cultural Understanding not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/39300

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