Legal Geography

O’Donnell, Tayanah; Robinson, Daniel F.; Gillespie, Josephine

doi:10.4324/9780429426308

Cited by 19 publications

(13 citation statements)

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“…Despite the growing international literature in legal geography (Bartel & Carter, 2021a; Braverman et al, 2014; O’Donnell et al, 2020), there is still little published research informed by, or indeed about conducting, research sensitive to these aspects (exceptions include Bartel, 2017; Loivaranta, 2020; RiverOfLife et al, 2020; Boulot & Sterlin, 2022; see also Davies, 2022; Raven et al, 2021; Schweitzer, 2021). Explicitly place‐directed or focused research demands greater material engagement and reflexivity between people and place, including in the research encounter (Bartel, 2017; Plumwood, 2009).…”

Section: Discussionmentioning

confidence: 99%

Place in legal geography: Agency and application in agriculture research

Bartel

Graham

2022

Geographical Research

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Systemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision‐making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.

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Section: Discussionmentioning

confidence: 99%

Place in legal geography: Agency and application in agriculture research

Bartel

Graham

2022

Geographical Research

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“…Traditional legal scholarship, particularly that in environmental law, has been criticised for ignoring the relationships between law, space, and place (Bartel, 2017; Bartel et al, 2013). Legal geographers fill this gap with a scholarship which emphasises complex social and power relations (O’Donnell et al, 2020).…”

Section: Theory: Adopting a “Legal Ecology” Approachmentioning

confidence: 99%

“…We use a case study centred on the BMNP to demonstrate how a policy analysis can show that inadequate attention is paid to protecting “natural” values in prescribed burning policy. From a disciplinary perspective, our approach aligns with critical legal geography (O’Donnell et al, 2020) to unravel how protected areas are managed (Gillespie, 2020). An analysis of this type, which focuses attention on the regulatory and legal paperwork that guides fire management policy, can be used in comparable global settings to assess the extent to which bushfire governance is meeting biodiversity objectives.…”

Section: Introductionmentioning

confidence: 99%

Bushfire, prescribed burning, and non‐human protection

Lange

Gillespie

2022

Geographical Research

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Unprecedented bushfire activity is increasing around the world. A catastrophic bushfire event in the Australian summer of 2019–2020 burned over 18 million hectares. The Australian bushfires were just one set of events among many across the globe. Cumulatively, the losses are extraordinary: from losing over a quarter of the Pantanal wetland in South America to California’s Sierra Nevada and losses in the Amazon Forest. Bushfire destruction means a concomitant loss of biological diversity. Increased fire activity and frequency can adversely affect adaptive capacities of flora and fauna. Accordingly, across the globe, fire management practices and mitigation strategies are under increased scrutiny. In this article, we consider the extent to which one fire suppression strategy, prescribed burning, takes account of non‐human considerations. Our examination of policy settings provides policymakers with a way to account for non‐human interests. Our focus is Australia, specifically relating to one national park within New South Wales. Across the world, fire containment strategies must be reassessed to decipher how well non‐human considerations are placed to withstand changing fire regimes. With likely increases in bush and wildfire activity across the globe, associated with Anthropocentric climate change, there is an urgent need to account for non‐human interests in prescribed burning policies and regulations.

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“…Scholarship in the areas of space, place and law is extensive and growing (see Delaney 2017;Jeffery 2019;O'Donnell et al 2020), and yet much (as always) remains underexplored, especially subterranean, marine and cosmic places. In some ways this is sobering, for this absence appears to be due at least in part to anthropocentrism -since we do not generally dwell underground, in the oceans or in outer space.…”

Section: New Horizonsmentioning

confidence: 99%