The Roles and Use of Law in Green Criminology

Abstract

This paper examines how law and legal analysis fit within the broader green criminological project. By demonstrating how legal analysis in various forms can cast significant light on key green criminological questions, the paper seeks to address the concern that green criminology -with its preponderance of 'deep green' viewpoints and focus on social harms which are not proscribed by formal law -precludes the application of legalistic values such as certainty and consistency. Ultimately, the goal of the paper is to demonstrate how, despite the novel challenges to the legal scholar presented by green criminology, the incorporation of a more legalistic perspective within an interdisciplinary exercise is not only desirable for green criminology but is in fact vital if the field is to realise its ambitions as a force for environmental good.

Animals as Something More Than Mere Property: Interweaving Green Criminology and Law

“…The emergence and development of a green criminological perspective within the last thirty years reflects how little attention criminology has paid previously to environmental and animal-related issues. While the umbrella concept of "green criminology" does not necessitate specific adherence to a set of theories or methods, green criminology provides an apt and warranted discussion of injustice within and throughout our anthropocentric social worlds (Gacek 2017;Hall 2014;Ruggiero and South 2010). White argues that "there is no green criminological theory as such" (2013: 22 (emphasis in original)).…”

“…Green criminology's blossoming as a key area of debate, moreover, was supplemented by legal scholarship turning towards environmental harms and the impact of such harms on ecosystems and neighboring communities (Hall 2014). In particular, green criminology has considered the rights of victims and the options for redress under the law (e.g., Hall 2011Hall , 2013Hall , 2014Hall , 2015Hall , 2016Jarrell and Ozym 2012).…”

“…Green criminology's blossoming as a key area of debate, moreover, was supplemented by legal scholarship turning towards environmental harms and the impact of such harms on ecosystems and neighboring communities (Hall 2014). In particular, green criminology has considered the rights of victims and the options for redress under the law (e.g., Hall 2011Hall , 2013Hall , 2014Hall , 2015Hall , 2016Jarrell and Ozym 2012). Indeed, Hall's (2014, p. 97) insight has been significant in not only suggesting how law and legal analysis fit within green criminological inquiry, but in attempting to delineate why and how a legal perspective "is not only a desirable aspect of green criminology but a vital one" for continued (and further) interdisciplinarity.…”

Green Criminology–Law Interdisciplinarity Towards Multispecies Justice: The Case of Wildlife Trafficking in Vietnam

“…It is against this background that this paper argues for green criminology-law interdisciplinarity in the interests of multispecies justice (MSJ). We adopt Hall's (2014) arguments regarding green criminologylaw interdisciplinarity as a starting point. Hall (2014) views the integration of various forms of legal analyses as vital to achieving green criminology's goals: environmental, ecological and species justice (White 2013).…”

“…We adopt Hall's (2014) arguments regarding green criminologylaw interdisciplinarity as a starting point. Hall (2014) views the integration of various forms of legal analyses as vital to achieving green criminology's goals: environmental, ecological and species justice (White 2013). However, this interdisciplinary relationship is more challenging than for traditional areas of criminology (Hall 2014).…”