Private Law Theory

ABSTRACT
This article examines the complex risks, costs and rewards of large-scale private law climate litigation – the climate litigation ‘holy grail’. It argues that while these cases undoubtedly have heroic aspects, their impacts can be complex or difficult to understand. It uses overlapping theories of metaphor and narrative in law, and theories of private law, to make some critical observations about these cases. Distilling some core reflections from the grail legends, the article argues that success in these cases requires a nuanced understanding of victory and defeat, and more careful thinking about the character, aims, and effect of these pieces of litigation. These stories inspire constant reflection as to what the metaphor of the ‘holy grail’ might mean in this context, and the role that these cases play in the development of a narrative about climate litigation.

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Kim Bouwer, Lessons from a Distorted Metaphor: The Holy Grail of Climate Litigation. Transnational Environmental Law. DOI: https://doi.org/10.1017/S2047102520000114. Published online by Cambridge University Press: 15 May 2020.

First posted 2020-05-21 08:17:36