Law, legitimacy and activism in the Anthropocene

In the first episode of The Handmaid’s Tale, Offred reflects on how she and her fellow Handmaids found themselves in their current predicament – living in a world where a small group of elites have rewritten the law in line with an inhumane and brutally enforced ideology that serves their own interests.

When they slaughtered Congress, we didn’t wake up. When they blamed terrorists, and suspended the Constitution, we didn’t wake up then either. … Nothing changes instantaneously. In a gradually heating bathtub, you’d be boiled to death before you knew it.

In the real world, there’s a dominant narrative that we are blindly walking down the path to catastrophic climate change, which is a pretty depressing thought. But the truth is even scarier – we are being shepherded down this path quite deliberately. We may have taken a while to wake up, but ever since we did and began to object, our governments have been making ever increasing use of state power to silence us.

I reflected on this during a recent trip to Heron Island on the Great Barrier Reef. Heron’s reef supports around 4000 turtles, while many more return to the island in spring to nest. During one afternoon snorkeling trip, I was lucky enough to see three turtles, including a small juvenile, feeding on seaweed just metres from me. As I watched, my feelings turned from wonder to horror as it occurred to me that they are likely to see the reef die around them; gradually boiled to death.

[Please buy your copy of AQ: Australian Quarterly to read the rest of my article.]

The government vs the environment: lawfare in Australia

The good people at The Conversation asked me to write an article about the government’s proposed changes to the EPBC Act after the success of the litigation against the Adani Coal mine:

A key feature of authoritarianism is that the government is above the law – it is not accountable to the people for its actions. In contrast, under a democratic system, the rule of law means that the government is constrained by law and can be held accountable by the people. Continue reading