Learning to think like a climate crisis lawyer: When case-based legal education engages with the Anthropocene thought experiment
| Project/Area Number |
22K01275
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Review Section |
Basic Section 05070:New fields of law-related
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| Research Institution | The University of Tokyo |
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Principal Investigator |
イザベル ジロドウ 東京大学, 大学院総合文化研究科, 准教授 (70713072)
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| Project Period (FY) |
2022-04-01 – 2025-03-31
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| Project Status |
Granted (Fiscal Year 2023)
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| Budget Amount *help |
¥3,510,000 (Direct Cost: ¥2,700,000、Indirect Cost: ¥810,000)
Fiscal Year 2024: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2023: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2022: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Keywords | Litigation narratives / Legal imaginaries / Coal litigation cases / Judicialisation / Anthropocene Legalities / Chronotopographies / Legal reasoning / Legal education / Climate litigation / Litigation strategies / Crisis lawyering / Chronotopes / Mock trials / Climate crisis lawyering / Earth System Law / Anthropocene / Case-based education |
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| Outline of Research at the Start |
This research project explores the opportunities for, and the barriers to the development of ‘climate crisis lawyering’ in Japan. Through an international multidisciplinary framework involving several legal clinics and designed to engage with the Anthropocene thought experiment, this project scrutinises the practical and theoretical conditions under which case-based education can contribute to progressively open up legal reasoning to ‘planetary’ modes of thinking - and subsequently consolidate climate disaster law as an emergent area of legal knowledge and practice in Japan.
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| Outline of Annual Research Achievements |
Using preliminary and secondary sources as well as my gathered material so far (mostly from interviews and participant observations), I reconstructed the competing narratives at stake in the emergent judicialisation of climate change in Japan, which led to the publication of one co-edited special issue as well as several peer-reviewed articles and conference papers discussing various 'coal litigation' cases and putting the elaboration of recent climate litigation strategies further into critical perspective. Expanding my research network with scholars from France (CNRS), Germany, and Indonesia, I recently started to broaden the scope of my investigation into litigation strategies to some selected aspects of sustainability disputes, just transition litigation, and biodiversity litigation.
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| Current Status of Research Progress |
Current Status of Research Progress
1: Research has progressed more than it was originally planned.
Reason
By expanding on the notion of ‘response-abilities’, as recently proposed by a few critical legal theorists, I both 1) reconstructed the narratives and counter-narratives strategically deployed by different stakeholders in four coal litigation cases in Japan, and 2) assessed the extent to which legal reasoning can be stretched when confronted to the specific legal disruptions caused by a continuously rising risk of more frequent and higher-impact climate change-induced extreme events. Contemplating whether the emergence of a novel litigation imaginary, based inter alia on different chronotopographies, can further energize climate (but also biodiversity and energy transition) litigation strategies requires a more thorough investigation. I will now focus on filling these gaps in my research, aiming to complete it as scheduled.
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| Strategy for Future Research Activity |
I plan to expand further on two of the most thought-provoking conceptual and methodological frameworks currently experimented in critical environmental law, namely: ‘Anthropocene Legalities’ and the relationist/relational approach to law.
My main aim is to assess the extent to which such frameworks both:
1) help enrich the description and critical analysis of the transforming ‘environmental judicialisation’ discourse in Japan (with a focus on the practical and theoretical conditions at which novel climate change litigation narratives can be deployed);
2) contribute to open legal education (through non-monodisciplinary settings) up to the recognition of a shared human-nonhuman agency and coexistence, hence new forms of relationality.
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Report
(2 results)
Research Products
(16 results)
