Having experienced a spectacular rise over the past decade and a half, climate litigation remains in the spotlight of legal practice—at the domestic, international, and transnational levels alike. Together with related developments in the legislative and treaty-making domains, this has led to a blossoming of scholarship dealing with environmental law. In turn, this has ushered in a rise of novel approaches to the study of these questions, often adopting an interdisciplinary outlook.
A most promising, yet relatively unexplored vantage point is provided by the cross-fertilisation between (environmental) law and narratology. Narratology studies the construction of inchoate materials into structured narratives, allowing the attribution and communication of meaning. By assembling narratives, humans interpretively make sense of the world and their experience of the world, and convey the meaning so construed to other subjects. This involves potent ordering choices based on several spoken and unspoken presuppositions, which lend themselves to critical inquiry.
Thrown into relief by the law and literature movement, the intersection between law and narratology remains underresearched in respect of environmental questions. Yet, precisely the prominence of environmental issues in the public discourse makes narratological approaches extremely promising. Legal acts, ranging from judicial pronouncements to law-making instruments, inescapably construe narratives on the social phenomena they address. By attributing meaning to those phenomena, legal acts reinforce certain assumptions to the expense of competing interpretations. In so doing, they allocate uneven discursive legitimacy onto a variety of actors—creating momentum for certain causes and marginalising others; furthering certain courses of action while undermining others. Environmental law is no exception. Whether upon adjudicating the environmental obligations of States and/or corporations, sanctioning or acquitting environmental activists, or devising measures of adaptation to climate change, environmental law unavoidably creates and sustains (potentially conflicting) narratives of the problems it addresses. These narratives then structure further societal debates and, ultimately, action in the environmental field. Environmental law thereby provides a crucial, if still insufficiently explored contribution to the way in which public discourse on environmental and climate justice is shaped.
This webinar of the Max Planck Law Initiative on ‘Law, Climate Change, and the Environment’ brings together leading experts on the emerging field of narratological approaches to environmental law, in both the domestic and the international spheres. The event will show how narratology can provide a deeper understanding of environmental law, its potential, and its pitfalls.
