Date: 2020
Type: Article
Lessons from a distorted metaphor : the holy grail of climate litigation
Transnational environmental law, 2020, Vol. 9, No. 2, pp. 347-378
BOUWER, Kim Alexandra, Lessons from a distorted metaphor : the holy grail of climate litigation, Transnational environmental law, 2020, Vol. 9, No. 2, pp. 347-378
- https://hdl.handle.net/1814/67071
Retrieved from Cadmus, EUI Research Repository
This article examines the complex risks, costs and rewards of large-scale private law climate litigation – the climate litigation ‘holy grail’. It argues that while these cases undoubtedly have heroic aspects, their impacts can be complex or difficult to understand. It uses overlapping theories of metaphor and narrative in law, and theories of private law, to make some critical observations about these cases. Distilling some core reflections from the grail legends, the article argues that success in these cases requires a nuanced understanding of victory and defeat, and more careful thinking about the character, aims, and effect of these pieces of litigation. These stories inspire constant reflection as to what the metaphor of the ‘holy grail’ might mean in this context, and the role that these cases play in the development of a narrative about climate litigation.
Additional information:
First published online: 15 May 2020
Cadmus permanent link: https://hdl.handle.net/1814/67071
Full-text via DOI: 10.1017/S2047102520000114
ISSN: 2047-1025; 2047-1033
Publisher: Cambridge University Press
Files associated with this item
- Name:
- Lessons_from_a_distorted_metap ...
- Size:
- 471.8Kb
- Format:
- Description:
- Full-text in Open Access, ...