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 8: Bringing environmental justice to the centre of environmental law research: developing a collective case study methodology

Jane Holder and Donald McGillivray

Abstract

As a response to the increasing combining of environmental activism and environmental scholarship, in this chapter we discuss what an environmental justice perspective brings to research in environmental law and we argue for environmental justice to act as a central and motivating purpose in this field of research. In terms of the development of critical research methods to support this we draw upon classic studies of environmental justice, as well as our own experience of using case studies to research environmental assessment and the protection of open green spaces. We suggest that collective case studies (also known as multisite or multiple case studies) offer an opportunity to map out and build up a picture of common concerns and losses and similar experiences of legal hurdles and challenges on the part of geographically disparate local communities. This type of case study is capable of revealing broad discriminatory and unfair practices in environmental decision making which may form part of a pattern of lack of influence and participation in decision making extending beyond the specifics of a particular site, environmental conflict or legal dispute. We outline several critical research stances which might usefully be engaged in this process of centring environmental justice by providing a framework for analysing sets of case studies: taking ‘everyday’ evidence seriously (in recognition of the procedural and distributional justice implications of the generation and application of evidence of risks and harms); identifying local/global interactions (recognising the frequently unjust dynamics which arise from the organisation of space – spatial justice implications); and the significance of spatial relationships, especially according to feminist approaches (relational justice). More practically we outline the nature of collaboration and partnership arrangements between academics and environmental campaign groups which are stimulating and supporting the development of communities of practice aimed at the sharing and application of legal and campaigning knowledge.

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