Body Polluted: Questions of Scale, Gender and Remedy

29 Pages Posted: 22 Jun 2010

See all articles by Dayna Nadine Scott

Dayna Nadine Scott

York University - Osgoode Hall Law School

Date Written: June 17, 2010

Abstract

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.

Keywords: tort law, feminist theory of the body, definition of ‘injury’, remedies, pollution, environmental justice, endocrine disruption

JEL Classification: K13, K32

Suggested Citation

Scott, Dayna Nadine, Body Polluted: Questions of Scale, Gender and Remedy (June 17, 2010). Osgoode CLPE Research Paper No. 21/2010. Available at SSRN: https://ssrn.com/abstract=1626352 or http://dx.doi.org/10.2139/ssrn.1626352

Dayna Nadine Scott (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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