Exploring the cultural dimensions of environmental victimization

Abstract

Arguing from a cultural victimological perspective, this article makes a case for the wider utilization of restorative justice and mediation-based approaches as a means of providing alternative or parallel justice mechanisms for both human and nonhuman victims of environmental crimes and broader environmental harms. Traditional criminal justice mechanisms, it is argued, are fundamentally ill-equipped to identify, prosecute and sentence in a manner proportionate to the full range of environmental victimizations emanating from many environmental crimes or other pollution events. Radical and critical criminological perspectives, it is argued, have only gone so far in conceptualizing this broader form of victimization, especially as it pertains to non-anthropomorphic aspects of the ecosystem. In contrast, the cultural understanding of victimhood has a more constructivist, dynamic character representing developing traumas and emphasizing the benefit to human victims of being officially acknowledged as such. It also gives such victims the opportunity to present “accounts” of their harm. Such characteristics, it is argued, better reflect the reality of environmental victimization and, in so doing, point towards a more central place for mediational and restorative justice mechanisms within the environmental sphere. That said, it will also be demonstrated that restorative justice and mediation mechanisms—despite bringing numerous advantages to human victims in terms of their perceptions of procedural justice—have as yet failed to adequately incorporate notions of ecological and species justice. Moreover, the present state of research in the area of environmental alternative dispute resolution is woefully lacking. The article, therefore, concludes with a call for more development of the cultural approach by green victimologists generally, as well as a focus on testing and developing restorative justice in this area in particular.

Systematic Review Study: A Comparative Analysis of the State of the Art of Green Criminology

“…In cases of environmental damage, traditional models of patrolling, seizure and punishment are likely to be inadequate because irreparable environmental impacts or loss of animal life may already have occurred. Similarly, traditional justice systems are also often inappropriate to mit igate the damage to nature (Hall, 2017). In this sense, Hall (2017) advocates the use of approaches based on restorative justice and mediation, as the author believes that these provide alternative mechanisms for human and non -human victims of environmental crimes.…”

“…Similarly, traditional justice systems are also often inappropriate to mit igate the damage to nature (Hall, 2017). In this sense, Hall (2017) advocates the use of approaches based on restorative justice and mediation, as the author believes that these provide alternative mechanisms for human and non -human victims of environmental crimes. These alternatives form an integral part of green criminology's critical approach to preventive enforcement, which is to prevent damage.…”

“…As highlighted by Nurse (2017), green criminology stands as a discipline that considers criminal issues not only as defined by a strictly legalistic conception of criminal law, but also considers issues related to rights, justice, morals, victimization, criminality and the use of criminal law, administrative, civil and regulatory justice systems. Therefore, it is understood that the constitution of an alternative criminology, as proposed by South (2010) and focused on the mitigation of environmental damage and injustice, requires a new academic perspective, as well as a new global policy (Nurse, 2016;Nurse, 2017;Hall, 2017;Nobles, 2019).…”

Representing environmental harm and resistance on Twitter: The case of the TAP pipeline in Italy

“…Media and particularly the social media, however, can also be used by people, for example by the affected populations, to channel alternative representations of green stories and environmental harms, which may be in opposition to dominant media frames. Despite their potential to uncover under-reported green harms and crimes, raise awareness and stimulate social and/or legal response, 3 counter-representations of environmental crimes and harms in social media have so far largely been understudied in green cultural criminology as well as green victimology (Williams, 1996;Hall, 2017).…”

Seeping Ugly

“…Williams' conceptualisation of environmental victims is grounded in a legal perspective and much of his article is dedicated to incorporating and drawing from international law. It is a view of victims that has been criticised by some as being too anthropocentric (Hall, 2017;Hall, 2013;Skinnider, 2011). This is due to the omission of the non-human and physical environments that can also become victimised through various process of environmental degradation.…”