Daimeon Shanks-Dumont, a Ph.D. Candidate in the Jurisprudence and Social Policy Program at the
University of California, Berkeley, School of Law, has published Godzilla Cinema and the Imaginal Legal History of Ecocide in the Yale Journal of Law & the Humanities:
This Article develops a theory of imaginal legal history in the service of recovering aspects of social phenomena that are habitually suppressed in contemporary modes of legal history. It offers a retrospective account of the emerging international crime of ecocide through the use of unlikely source material: Godzilla cinema. Through the use of moving images, this history surfaces latent meaning within the concept of ecocide that has been concealed in traditional narratives, namely an anthropocentric grounding that is at odds with its self-professed environmentalism.
The Article is divided into two main Parts. The first lays out a speculative theory of imaginal history. It begins by critiquing the dominate modality of professional historiography, contextualism, and the reduction of narrative that is a result of the hegemony of the written word. It then considers how images operate in and through legal practices and materials as a general matter of symbolic ordering, before moving on to discuss what the concept of the imaginal offers legal-historical study. It then outlines a novel methodological paradigm—imaginal legal history—that promises a way out of the obsession with radical contingency that has arrested legal history since its encounter with Critical Legal Studies in the 1980s.
The second Part is an attempt to operationalize imaginal legal history with film—to create what Walter Benjamin called a “critical constellation”—to better appreciate current efforts to leverage international law to address the climate crisis. It begins by explaining why Godzilla cinema is an apt repository of moving images with which to engage the histories of international law, arguing that the genre’s global scope, international scale, and deep inventories of symbolic imagery and fantasy recommend it as a tool of imaginal legal history. It then analyzes a foundational moment of international environmental law’s history in the 1960s and 1970s—the invention of the concept of ecocide, the beginning of the modern environmental movement, and the articulation of environmental consciousness in American jurisprudence. Finally, the Article “reads” the 1971 film, Godzilla vs. Hedorah, and what its imagery, symbolism, and structure reveals of contemporaneous and current environmental and legal consciousness.
The dénouement comes in the Conclusion, which takes the montage of images brought forward in the Article, dissolved of their contexts, and through a critical interpretation integrates them in ecocide’s horizons of meaning. A short Coda to the text follows, meditating on a materialist reading of Godzilla vs. Hedorah, and the traces of the Real that survive in the interstices of the film.
--Dan Ernst
