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Article
Body Polluted: Questions of Scale, Gender, and Remedy
Loyola of Los Angeles Law Review. Volume 44, Issue 1 (2010), p. 121-156.
  • Dayna Nadine Scott, Osgoode Hall Law School of York University
Document Type
Article
Publication Date
1-1-2010
Abstract

This Article 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.

Comments

This article was previously published as a research paper in the Comparative Research in Law and Political Economy series.

Creative Commons License
Creative Commons Attribution-Noncommercial-No Derivative Works 4.0
Citation Information
Scott, Dayna Nadine. "Body Polluted: Questions of Scale, Gender, and Remedy." Loyola of Los Angeles Law Review 44.1 (2010): 121-156.