From survival cannibalism to climate politics: Rethinking Regina vs Dudley and Stephens

This essay proposes a novel framework for conceptualising climate politics through the lens of maritime custom. Drawing on A. W. Brian Simpson's study of Regina vs Dudley and Stephens (1884) and Catalin Avramescu's intellectual history of cannibalism, it critically examines 'providential' and 'catastrophic' lifeboat metaphors in political thought. Despite their apparent opposition, these metaphors share common assumptions rooted in natural law traditions. As an alternative, the essay introduces the concept of the 'commonist lifeboat', grounded in maritime custom, class consciousness and environmental encounters. Inspired by historical practices of survival and mutual aid at sea, this approach suggests principles for addressing climate adaptation through bottom-up customs rather than top-down theoretical solutions. Three brief illustrations address climate policy's intersections with property law, criminal law and international human rights law. This approach ultimately offers a historically informed perspective on climate crisis challenges, reconciling consequentialist arguments with concerns for dignity and consent.