Constituting Bodies into the Future: Toward a Relational Theory of Intergenerational Justice

(2018) 51:1 UBC L Rev 1

53 Pages Posted: 17 Sep 2018

See all articles by Jessica Eisen

Jessica Eisen

Harvard Law School

Roxanne Mykitiuk

Osgoode Hall Law School

Dayna Nadine Scott

York University - Osgoode Hall Law School

Date Written: 2018

Abstract

Questions of justice now unfurl on spatial and temporal scales at once global and microscopic, immediate and spanning through the ages. Legal and political concepts of causation and responsibility are complicated and reconfigured by our growing awareness of the intergenerational consequences of contemporary choices. In this context, the House of Commons Standing Committee on Environment and Sustainable Development ("Standing Committee") recently recommended that the Government of Canada create "an advocate for Canada's future generations." The Standing Committee's report expressly cites growing transnational and international attention to the demands of "intergenerational equity" noting that various jurisdictions have experimented with institutional committees or advocates for future generations. The challenges to such projects are daunting. How can we know our obligations to future persons who do not yet exist, or may not even come into being?

Keywords: Intergenerational Justice, Toxics, Material Feminism, Critical Disabiliity Studies, Environmental Justice, Reproductive Justice

Suggested Citation

Eisen, Jessica and Mykitiuk, Roxanne and Scott, Dayna Nadine, Constituting Bodies into the Future: Toward a Relational Theory of Intergenerational Justice (2018). (2018) 51:1 UBC L Rev 1. Available at SSRN: https://ssrn.com/abstract=3249762

Jessica Eisen

Harvard Law School ( email )

Cambridge, MA 02138

Roxanne Mykitiuk

Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Dayna Nadine Scott (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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