Law and the practices of ‘damming’
Tasmanian Dams Case as a turning point
Bibliographic Data
| ID | 14971302 |
|---|---|
| Authors | Lee Godden (0000-0001-9534-5148, The University of Melbourne, corresponding author) |
| Year | 2015 |
| Volume | 24 |
| Issue | 1 |
| Pages | 127-146 |
| Publication date | 2015-01-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2015.1059002 |
| OpenAlex | W1706350666 |
| Language | EN |
| Citations received | 3 |
| References cited | 10 |
Synopsis By contrast to many analyses of Commonwealth v Tasmania (Tasmanian Dam case), this article focuses on what the case reveals about the damming of rivers and the role of law in constituting institutions, technologies and practices for that purpose. Australia was colonised by a civilisation that had embedded a technical utilisation of rivers within its laws. Damming rivers, as a reified practice was fostered by modern, technical knowledge. That knowledge displaced other knowledges; including Aboriginal traditional knowledge of land and waters. In 1983, law held the promise of instantiating a new dynamic for human interaction with rivers, as the Tasmanian Dam’s case juxtaposed the international principles of environmental protection with the centralised control over water by large, bureaucratic state agencies that had developed in Australia over the twentieth century. The judgments of Chief Justice Gibbs and Justice Brennan are remarkable for the contrasting visions of dams that they reveal. Yet the dam, and even the river itself, have largely been occluded form legal memory; although the legacy of the case as a platform for later environmental legislation has been significant
Bureaucracy · Civilization · Common law · Commonwealth · Economic Justice · Environmental ethics · Environmental law · Legislation · Political science · Politics · Project commissioning · Publishing · Sociology · State (computer science · Vision · Anthropology · Environmental law and policy · Hydropower, Displacement, Environmental Impact · Law · Law in Society and Culture
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,27 |
| Citation span | 2015 - 2022 (8) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |