Body Polluted: Questions of Scale, Gender and Remedy
29 Pages Posted: 22 Jun 2010
Date Written: June 17, 2010
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: Suggested Citation