Research Paper Number
definition of ‘injury’; endocrine disruption; environmental justice; feminist theory of the body; pollution; remedies; tort law
This paper offers a critique of tort remedies grounded in feminist theory of the body. It demonstrates how tort law is invested in a notion of an individuated legal subject, which fails to capture the critical interconnectedness of bodies in a social, political, historical, and colonial context. Taking the ‘injury’ of endocrine disruption in a Canadian aboriginal community as an example of a contemporary pollution harm, the analysis considers various torts on a conceptual level, and what they might offer the Aamjiwnaang First Nation in the way of remedies. In each case, what the tort can do depends on how the injury, and the scale at which the entity taken to have suffered the injury, is conceived.
Scott, Dayna Nadine, "Body Polluted: Questions of Scale, Gender and Remedy" (2010). Comparative Research in Law & Political Economy. Research Paper No. 21/2010.