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  1. How Not to Talk About Environmental Personhood: Thinking Transitional Concepts.Russell J. Duvernoy - 2023 - Law and Critique 34 (2):287-307.
    This paper studies “environmental personhood” legislation as a transitional concept. A transitional concept is one whose originating context sets parameters for its pragmatic functioning even as the eventual coherence of this functioning entails deep change in this originating context. By more explicitly thematizing environmental personhood as a transitional concept, we can acknowledge worries about its entanglement with a rights paradigm emphasizing private property and human exceptionalism while still exploring how it might contribute towards deeper ecological transformation. The paper introduces Nuu-chah-nuulth (...)
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  • Law and Geology for the Anthropocene: Toward an Ethics of Encounter.Alexander Damianos - 2022 - Law and Critique 34 (2):165-183.
    The Anthropocene has been observed as an opportunity to generate new legal imaginaries capable of revising incumbent assumptions of legal and political thought. What opportunities do such ambitions afford for communication between geological and legal thought? Responding to Birrell & Matthews attempt to ‘re-story a law for, rather than of, the Anthropocene,’ I wish to describe some ways in which the Anthropocene Working Group, who are pursuing formalisation of the Anthropocene as an official geological unit, are involved in a similar (...)
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  • Convivial Mythologies: The Poiesis of Modern Law.Kathleen Birrell - 2021 - Law and Critique 32 (3):315-330.
    In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...)
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