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13 NZJPIL 157 (2015)
Wild Law: A Proposal for Radical Social Change

handle is hein.journals/nzjpubinl13 and id is 165 raw text is: 








WILD LAW: A PROPOSAL FOR

RADICAL SOCIAL CHANGE


Peter D Burdon*






To date, most authors writing Wild Law have focused on philosophy or proposing alternative or ideal
laws. In contrast, this article seeks to understand why legal and governance systems around the world
have failed to respond to the climate crisis. It also explores the material conditions necessary for
enacting a broad social change project. The objective of the article is to initiate a conversation with
advocates of Wild Law about how we can move beyond theory and engage in a collaborative project
of ethical praxis.

I      INTRODUCTION

    In his infamous lectures on Hegel's Phenomenology of Spirit, the noted philosopher JM Bernstein
argued that good academic scholarship always emerges from a crisis. By contrast, Bemstein argued
that bad scholarship is motivated not by crisis, but by a puzzle.1 It is because of the nature and
importance of the crisis that good scholarship is read and reread over successive generations. Hegel
for example was grappling with the crisis of objective knowledge;2 Marx instructs us on the crisis of
capitalism;3 Mary Wollstonecraft opens our eyes to the patriarchal foundations of our society;4 and
Rachel Carson opened the world's eyes to the looming environmental crisis.5 The specific problem
addressed by these (and other) great authors may have varying importance to successive generations,
but their authorial urgency and ability to tap into and articulate a latent social thought remains
instructive.


*   Senior Lecturer, Adelaide Law School (peter.d.burdon@adelaide.edu.au). This article was written while the
    author was a visiting scholar at the University of California Berkeley Center for Law and Society.
I   JM Bernstein Phenomenology of Spirit, Introduction (27 September 2006) The Bernstein Tapes
    <www.bernsteintapes.com>. Bernstein is directing his remarks specifically to philosophy.
2   GWF Hegel Phenomenology of Spirit (Oxford University Press, Oxford, 1977).
3   Karl Marx Capital: Volume 1: A Critique of Political Economy (Penguin Classics, London, 1992).
4   Mary Wollstonecraft A Vindication of the Rights of Woman andA Vindication of the Rights of Men (Oxford
    University Press, Oxford, 2009).
5   Rachel Carson Silent Spring (Houghton Mifflin Company, Boston, 2002).

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