Legal Language interacts with COP26

Photo of wind turbines by Jeremy Bishop on Unsplash

Gillian Mawdsley is an OU Associate Lecturer and Scottish lawyer and has been involved in tutoring ‘Justice in action’ since it started in 2017. Most recently Gillian supported a group of students with an award winning research project that focused on climate emergency declarations (CEDs) made by public authorities since 2019. Gillian is based in Glasgow and is attending COP26 as one of the chosen representatives of the Open University.

The press currently abounds with articles related to the topic of COP26. Today, on the eve of the start of COP26 in Glasgow, which I am fortunate to be attending, I was inspired by one of today’s articles – “New terms in Oxford English Dictionary as language of climate crisis takes hold.” https://www.gazetteherald.co.uk/news/national/19663032.new-terms-oxford-english-dictionary-language-climate-crisis-takes-hold/

This article refers to a number of climate related terms which are now defined and included within the current version of the Oxford English dictionary. These terms include a range among others from “climate crisis”, “CO2”, “climate sceptic”, “climate justice” and “climate refugee”. The annual review of the dictionary is always an interesting barometer and perspective, which is reflective of our current societal values and trends. I wonder with just how many of you how that review resonates with the study of law.

Some of you may have seen this article while others passed it over. But did you consider how important and the implications of these dictionary definitions for us, whether as law students, or indeed affecting us as law graduates or indeed, as practising lawyers. I would like to share some thoughts:

We teach and learn that law is every-changing, reflecting that if our society, its values and cultures today. Just think of cases such as R v Brown [1993] UKHL 19 (on morality, consent to harm and offences), the inclusion of the crime of upskirting under the Voyeurism (Offences) Act 2019 or the “Alan Turin law” effectively, The Policing and Crime Act 2017 that serves as an amnesty to pardon men who were cautioned or convicted under historical legislation that made homosexual acts illegal. There are lots of other examples too that I feel sure that many of you can think of.

I can consider the importance to us in practising law. We start with the need to understand what we are talking about. If it means different things to different people, there needs to be an agreement to start with, certainly when we view criminal law and the requirements of fairness and clarity given the imposition of sanctions. You will frequently encounter the definitions clause embedded somewhere within new legislation.

For a current example, try section 22 of the Police, Crime, Sentencing and Courts Bill, currently weaving its passage through the UK Parliament. It indeed includes an index of defined expressions, for instance, referencing “serious violence” at section 12(4). We understand the term in our everyday discussions. But need to understand it in the legal context.

I also feel sure that our students on W360 'Justice in action' too identify with the need to define. Core to that module is the need to formulate, understand and define the term of social justice. It considers exactly where our pro bono activities fit in and develop an understanding of social justice. But what is social justice? Aha! That depends on who you ask to define what social justice is.

I rest my case on the need then to consider definitions just as the Oxford English dictionary is doing.

Back however to COP26, climate change is with us now and forever. Whether as law students, graduates or indeed practising solicitors, there is a need for all to be involved. Actions may include:

• In climate litigation as its importance grows as a means of advancing or delaying effective action on climate change. You may need to know about what you are litigating.

• Those involved on pro bono projects such as last year with our W360 students on the Environmental Law Foundation project who began to understand the need to seek out climate justice.

• Please don’t forget our budding criminal lawyers as there is an understanding of what the term ecocide means or involves.

• Indeed consider too the right to protest/demonstrate which under review in the Police Bill mentioned above.

• For those too considering the Online Safety Bill , you may wish to think about Professor Phil Jones, the climate change scientist, at the centre of a row on climate change who has outlined the need for protection against hate. The term climate sceptics may come to mind. (https://www.bbc.co.uk/news/uk-england-norfolk-58955787)

In conclusion, I hope that with your relevant interest in law that some of these thoughts random as they are, echo with you as you study, teach or practise law. Think too for you how COP26 and society needs to change. Think too how you might and can indeed influence. Think too of your personal life and professional responsibilities, now and in the future. That will help even the holding of COP26 a success in awareness raising of the climate crisis for us here at the OU but much wider too, even before the conference gets under way.

Gillian Mawdsley