Abstract:
The earth’s climate is quickly approaching its tipping point. Considering humanity’s need for drastic change, it is clear that collective action is a necessity. The legal profession now face an important question: Do they have an obligation to play a leading role in this action? Or conversely, are they bound by professional duties that prevent them from doing so?
Legal activism has become an important topic of debate in the face of the climate crisis. There is an underlying tension between those who believe lawyers have the power to enact great change using the law as a transformative force, and those that view legal activism as a threat to the rule of law. Through redefining the scope of legal activism, this paper will show that many of the arguments used in opposition are founded on a warped and self-defeating definition of the concept. After analysing the arguments on both sides of this debate, it will be ultimately concluded that not only is it possible for lawyers to engage in legal activism, but in relation to the climate crisis, lawyers may more successfully uphold their professional duties by doing so. Finally, this paper will offer guidance on how the legal profession can best engage in legal activism to support climate action. In doing so, it will be shown that legal professionals have the ability to contribute significantly to climate action without risking their professional obligations.
