Material #31: Evidence
The space for unexpected material to emerge
Writing in ABA Journal, Conniel Malek of True Costs Initiative reports on time she spent with community lawyers in Thailand. Mainstream lawyers have much to learn from community lawyers, she argues.
A point that stood out for me:
“I observed in real time the community lawyers’ perspective that when you give people the space to tell their full stories, describe the facts that are important to them, and describe their lived experience in their words instead of through the prompting or limiting lens of ‘just tell us the pertinent facts’ —an approach all too common in traditional lawyering—you create the environment for the most important, relevant and compelling facts to naturally arise.”
It’s a reminder of the importance of enabling the space for un-guided perspectives to emerge. Which itself still involves intentionality, in terms of the context, place, and participant mix where conversations happen and where people may or may not feel comfortable to speak freely. From that starting point, what is actually material in people’s lives and experiences can emerge, and in turn, information that may be material in any legal action for accountability.
In another illustration of expansive lawyering, Business & Human Rights Resource Centre has analyzed 60 lawsuits brought against green energy and transition minerals projects. Five of the cases brought in Latin America use the concept of the rights of nature, while others call for co-benefit sharing and ownership: the cases push for accountability in specific contexts, while also shaping the wider context and narrative on climate action.
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Through 2024, It’s Material is sharing one use of the word “material” each week, on Tuesdays.
Related: “Towards a Practice of Place”
And: With the Paris Olympics underway, the impact of mega-sporting events on the people of a city is in the spotlight again - including the displacement of people experiencing homelessness and street situations, budget-over-runs, and efforts at doing regeneration right, including bringing benefits and new transit connections to the city suburbs. I’ve been reminded of a story I wrote for Resurgence on the Manor Garden Allotments, soon before they were removed to make way for the 2012 London Olympics.