Trickster Law: Promoting Resilience and Adaptive Governance by Allowing Other Perspectives on Natural Resources Management

19 Pages Posted: 12 Feb 2019 Last revised: 2 Apr 2019

Date Written: January 27, 2019

Abstract

The Anthropocene requires a new approach to natural resources law and policy, an approach that this short article terms "trickster law." Trickster law incorporates insights from resilience theory, adaptive governance scholarship, and cultural/anthropological studies of trickster tales to create a legal approach to natural resource management that is precautionary, engaged in proactive planning, based in principled flexibility, and pluralistic. This article focuses on the "pluralism" component, presenting three examples of how law modified to be more inclusive and respect different value systems has generated new approaches to natural resources management that better promote social-ecological resilience to climate change and other anthropogenic stressors.

Keywords: trickster, adaptive governance, resilience, values, water law, Clean Water Act, fisheries, Maori

Suggested Citation

Craig, Robin Kundis, Trickster Law: Promoting Resilience and Adaptive Governance by Allowing Other Perspectives on Natural Resources Management (January 27, 2019). Arizona Journal of Environmental Law & Policy, Forthcoming, University of Utah College of Law Research Paper No. 301, Available at SSRN: https://ssrn.com/abstract=3323945

Robin Kundis Craig (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

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