Research Methods in Environmental Law
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Research Methods in Environmental Law

A Handbook

Edited by Andreas Philippopoulos-Mihalopoulos and Victoria Brooks

This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.
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Chapter 7: Place-thinking: the hidden geography of environmental law

Robyn Bartel

Abstract

Environmental law and its students stand accused of ignoring space. The degree of reflexivity given to law by jurisdiction, history, political favour and case-by-case flexibility is chimeric rather than substantive, serving only to further ensure law’s hegemonic attempts to conceal geography and to silence non-human voices. This chapter will demonstrate how analyses of vernacular knowledge and plant perspectives in particular unsettle the universalist, anthropocentric and essentialist gaze of environmental law, while at the same time offering explanatory power hitherto concealed.  An alternative methodological pathway for the interrogation of environmental law, revealing its hidden tenets and consequences, as well as a potential opportunity for reform, is presented. To transform its vision and impact environmental law must interrogate its universalist, essentialist, anthropocentric and also utilitarian assumptions.  Such a transformation involves a finer-grained attendance to geographical conditions, including not only spatial but also temporal diversity, change and emergence, as well as the incorporation of non-human perspectives and a de-centring of the human. Such lessons of contextualization and deep democratization have relevance for law and policy analysis more generally.

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