{"title":"气候诉讼有什么问题？法律、自然和法律技术的限制","authors":"STEWART MOTHA","doi":"10.1111/jols.12528","DOIUrl":null,"url":null,"abstract":"<p>This article examines how nature is mediated by law in climate cases. In the Federal Court of Australia decision in <i>Minister for the Environment</i> v. <i>Sharma</i> (2022), the court applied a narrow definition of ‘matter <i>of</i> law’ (justiciability), and thereby negated ‘matter <i>in</i> law’ (such as carbon dioxide and ecological destruction). Climate destruction demands the extension of legal categories and obligations such as tort and nuisance. However, rendering matter through law manifests the classical opposition between <i>nomos</i> and <i>physis</i> (law and nature). By considering the treatment of matter in climate cases, I open a wider discussion about the potentials and limitations of legal technique as a means of mediating nature. Turning to Theodor Adorno's ‘negative dialectics’, I consider how the negation of nature might be redeemed through the extension of legal concepts. Such legal mediation shows the potential for reorienting the dialectic of law and nature – an urgent means of pursuing planetary justice in the current moment.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 2","pages":"159-180"},"PeriodicalIF":1.3000,"publicationDate":"2025-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12528","citationCount":"0","resultStr":"{\"title\":\"What is (the) matter with climate litigation? Law, nature, and the limits of legal technique\",\"authors\":\"STEWART MOTHA\",\"doi\":\"10.1111/jols.12528\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article examines how nature is mediated by law in climate cases. In the Federal Court of Australia decision in <i>Minister for the Environment</i> v. <i>Sharma</i> (2022), the court applied a narrow definition of ‘matter <i>of</i> law’ (justiciability), and thereby negated ‘matter <i>in</i> law’ (such as carbon dioxide and ecological destruction). Climate destruction demands the extension of legal categories and obligations such as tort and nuisance. However, rendering matter through law manifests the classical opposition between <i>nomos</i> and <i>physis</i> (law and nature). By considering the treatment of matter in climate cases, I open a wider discussion about the potentials and limitations of legal technique as a means of mediating nature. Turning to Theodor Adorno's ‘negative dialectics’, I consider how the negation of nature might be redeemed through the extension of legal concepts. Such legal mediation shows the potential for reorienting the dialectic of law and nature – an urgent means of pursuing planetary justice in the current moment.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"52 2\",\"pages\":\"159-180\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2025-04-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12528\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jols.12528\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12528","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
What is (the) matter with climate litigation? Law, nature, and the limits of legal technique
This article examines how nature is mediated by law in climate cases. In the Federal Court of Australia decision in Minister for the Environment v. Sharma (2022), the court applied a narrow definition of ‘matter of law’ (justiciability), and thereby negated ‘matter in law’ (such as carbon dioxide and ecological destruction). Climate destruction demands the extension of legal categories and obligations such as tort and nuisance. However, rendering matter through law manifests the classical opposition between nomos and physis (law and nature). By considering the treatment of matter in climate cases, I open a wider discussion about the potentials and limitations of legal technique as a means of mediating nature. Turning to Theodor Adorno's ‘negative dialectics’, I consider how the negation of nature might be redeemed through the extension of legal concepts. Such legal mediation shows the potential for reorienting the dialectic of law and nature – an urgent means of pursuing planetary justice in the current moment.
期刊介绍：
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.
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