Justice at the edge: Hearing the sound of silence

Article


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.
Article Title

Justice at the edge: Hearing the sound of silence

ERA Journal ID33852
Article CategoryArticle
AuthorsEconomides, Kim (Author), Timoshanko, Aaron (Author) and Ferraz, Leslie S (Author)
Journal TitleAdelaide Law Review
Journal Citation41 (1), pp. 39-85
Number of Pages46
Year2020
PublisherUniversity of Adelaide Press
Place of PublicationAustralia
ISSN0065-1915
Web Address (URL)https://law.adelaide.edu.au/system/files/media/documents/2020-08/Justice%20at%20the%20Edge_Hearing%20the%20Sound%20of%20Silence.pdf
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.

KeywordsAccess to justice, First Nations, legal services, Canada, Brazil, Australia
ANZSRC Field of Research 2020450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified
451109. Ngā tikanga Māori (Māori customary law)
480501. Access to justice
Byline AffiliationsUniversity of Cyprus, Cyprus
School of Law and Justice
Federal University of Bahia, Brazil
Open access urlhttps://law.adelaide.edu.au/system/files/media/documents/2020-08/Justice%20at%20the%20Edge_Hearing%20the%20Sound%20of%20Silence.pdf
Institution of OriginUniversity of Southern Queensland
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