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Creatures Of Jurisprudence
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Book Synopsis Law and the Question of the Animal by : Yoriko Otomo
Download or read book Law and the Question of the Animal written by Yoriko Otomo and published by Routledge. This book was released on 2013-02-11 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of ‘animal life’ in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. ‘Animal law’ is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, nor the philosophical issue of the ‘human’ and the ‘animal’ that lies at law’s foundation. Responding to this interest, Law and the Question of the Animal: A Critical Jurisprudence brings together leading and emerging critical legal theorists to address the question of animality in relation to law’s foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does ‘animal law’ alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?
Book Synopsis Creatures of Jurisprudence by : Edward Mussawir
Download or read book Creatures of Jurisprudence written by Edward Mussawir and published by Taylor & Francis. This book was released on 2024-09-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent can an animal constitute a ‘juridical species’? This highly original book considers how animals have been integral to law and to legal thinking. Going beyond the traditional approaches to animal rights and the question of whether non-human animals may be considered legal ‘subjects,’ this book follows two types of animal – bears and bees – and asks what existence these species have maintained in juridical thought. Uncovering surprising roles that the animals play in the imagination of and solution to jurisprudential problems, the book offers a counter-argument to the view that juridical thought reduces one’s appreciation for the singularity and independence of their lives. It shows, rather, that the animals exert a remarkable influence on the creative dimensions of law, offering a liveliness to it that is worthy of close attention. Contributing to new directions at the intersection of jurisprudence and human–animal studies, this book will appeal to those with interests in either of these areas.
Book Synopsis Animals as Legal Beings by : Maneesha Deckha
Download or read book Animals as Legal Beings written by Maneesha Deckha and published by . This book was released on 2021 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy."--
Book Synopsis Animals Property & The Law by : Gary Francione
Download or read book Animals Property & The Law written by Gary Francione and published by Temple University Press. This book was released on 1995-04-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation? Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings. Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.
Book Synopsis Dictionary of Terms and Phrases Used in American Or English Jurisprudence by : Benjamin Vaughan Abbott
Download or read book Dictionary of Terms and Phrases Used in American Or English Jurisprudence written by Benjamin Vaughan Abbott and published by . This book was released on 1879 with total page 1054 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Recognition of Animal Sentience by : Jane Kotzmann
Download or read book The Legal Recognition of Animal Sentience written by Jane Kotzmann and published by Bloomsbury Publishing. This book was released on 2024-05-30 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition. The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience. This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.
Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki
Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
Book Synopsis Globalization and Animal Law by : Thomas G. Kelch
Download or read book Globalization and Animal Law written by Thomas G. Kelch and published by Kluwer Law International B.V.. This book was released on 2017-05-01 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the globalized economy has rendered an even more profound change in the relationship between humans and other animals than the ancient progression from huntergatherer to agricultural society. In today’s global markets, multinational corporations exploit the economic value of animals throughout the world on an unprecedented scale. The philosophical and legal notions that animals are mere unfeeling machines or pieces of property, although more or less taken for granted for centuries, has been challenged, if not burst asunder, in recent decades (in law, moral philosophy, and cognitive and other sciences), and regulation of the treatment of animals in agriculture, experimentation, entertainment and other areas has begun to make substantial inroads in national and international law. This book provides a detailed analysis of international and comparative animal law focusing on the impact of today’s globalized economy on animal law. Describing a wide range of domestic and international laws relating to the treatment of animals, the author explicates the sorts of legal rules which affect the global animal marketplace. Representative norms in existing animal protection laws are analyzed and critiqued, illustrating the diverse approaches taken by different countries and by the international community in regulating uses of animals. Among the issues covered are the following: - contemporary philosophical thought on the relationship between humans and animals; - recent scientific research relating to cognitive and other abilities of animals; - legal issues relating to factory farming and animal slaughter; - legal protection of animals during transport; - regulatory schemes on animal experimentation; - laws on the use of animals in entertainment; - laws on protection of companion animals; - regulation of trade in endangered species; - international trade issues relating to animals, including consideration of the provisions of GATT and the seminal WTO/GATT decisions in the Tuna/Dolphin, Shrimp/Turtle, Tuna Labeling and EU/Seal Products cases; - constitutional protection for the interests of animals; - intellectual property law issues relating to animals; - efforts to have the legal “personhood” of certain animals judicially recognized; and - what the future may hold for animal law in the global economy. To ensure the consideration of a full range of legal approaches, the laws analyzed come from a wide variety of countries and jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, Ireland, New Zealand, Switzerland, the UK, and state and federal laws of the US. Numerous international treaties and conventions relevant to animal treatment and animal law are also covered, including the Berne Convention for the Protection of Literary and Artistic Works, the CITES Convention, the European Convention for the Protection of Animals Kept for Farming Purposes, the European Patent Convention, the GATT Treaty, the TRIPS Agreement and the Universal Copyright Convention. It is not difficult to grasp, given the continuing increases in production, consumption and use of animals and animal products worldwide, that legal initiatives in this often emotional and acrimonious area of law are frequently contentious and hard fought. But this is really just the dawn of animal law, which has only recently become recognized as an important cutting-edge topic, and this area of the law promises to develop rapidly in the future. This book is enormously valuable in contributing to the continuing development and understanding of this law, clearly laying out the contours and boundaries of existing animal laws in our global economy, and allowing legal educators, concerned lawyers and policymakers to teach, formulate proposals, argue cases and defenses, and secure a firm purchase on future trends and developments in animal law.
Book Synopsis Global Animal Law from the Margins by : Iyan Offor
Download or read book Global Animal Law from the Margins written by Iyan Offor and published by Taylor & Francis. This book was released on 2023-08-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law. The book's critical, yet practical, new approach to global animal law will appeal to animal law and environmental law experts, legal theorists, and those working in the areas of animal studies and ecology.
Book Synopsis Studies in Global Animal Law by : Anne Peters
Download or read book Studies in Global Animal Law written by Anne Peters and published by Springer Nature. This book was released on 2020-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.
Book Synopsis Animals as specific objects of obligations under Polish and German law by : Małgorzata Lubelska-Sazanów
Download or read book Animals as specific objects of obligations under Polish and German law written by Małgorzata Lubelska-Sazanów and published by V&R unipress. This book was released on 2021-01-18 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining where the needs of contracting parties end, and where the mistreatment of animals begins is especially difficult in contract law, where protecting animals is not a basic premise. Thus, although animal law is a widely discussed topic, the position of animals under civil law has not been discussed comprehensively before. The first chapters of the book set the background for subsequent civil law considerations given that the object of a contractual obligation is an animal, and the impact this has on the conclusion, performance and consequences of non-performance of a contract. It constitutes a unique interdisciplinary and comparative work focused mainly on animals in contractual relations (e.g. sale, donation, lease, tenancy, commission, agency, safe-keeping, training contracts).
Book Synopsis The Future of Animal Law by : David Favre
Download or read book The Future of Animal Law written by David Favre and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
Book Synopsis Animals in International Law by : Anne Peters
Download or read book Animals in International Law written by Anne Peters and published by BRILL. This book was released on 2021-05-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.
Book Synopsis Jurisdiction in Deleuze: The Expression and Representation of Law by : Edward Mussawir
Download or read book Jurisdiction in Deleuze: The Expression and Representation of Law written by Edward Mussawir and published by Taylor & Francis. This book was released on 2011-03-03 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction in Deleuze: The Expression and Representation of Law pursues an emerging interest in the conceptual thematic of jurisdiction within legal studies; as it maintains that an adequate understanding of the power of law requires an attention, not just to law's formal aspects, but to its technology, its institution and its instrumentality; not just to the representation of law, but to its expression.
Book Synopsis Animal Law: Welfare Interests and Rights by : David S. Favre
Download or read book Animal Law: Welfare Interests and Rights written by David S. Favre and published by Aspen Publishing. This book was released on 2019-09-13 with total page 741 pages. Available in PDF, EPUB and Kindle. Book excerpt: Animal Law: Welfare Interests & Rights, Third Edition, by David Favre, exposes the student to the wide scope of legal and ethical issues surrounding animal law in our society. It contains a mix of cases and essay materials for a number of animal issues in the context of state police power, constitutional law, and traditional common law. A primary focus is the property status of animals in the civil and criminal law, the expanding visibility of dogs in our legal system, and the most recent attempts to seek legal rights for animals. New to the Third Edition: The introduction provides more focused materials on the fundamental concepts, such as pain and suffering, that are needed for the entire course. The chapter on damages is rewritten with new organization and updated cases. The chapter on legal rights for animals is significantly enhanced with the most recent cases. In all chapters, references are updated. Professors and students will benefit from: Clear consideration of the history of anti-cruelty criminal laws and the difficulties of using the criminal law to help animals. The key phrase of “unnecessary pain and suffering” is considered in detail. A clear articulation of the enhanced status of companion animals, within the ever-changing state laws of our country. A review of the significant limitations of the federal Animal Welfare Act. An explanation of the power of the state to pass laws regulating companions, laws dealing with breed specific bans, and dangerous dog laws. An in-depth consideration of the status of companion animals both as property and as beings with legal rights in some circumstances. Significant editing of all cases.
Book Synopsis Jurisprudence Or the Theory of the Law by : Sir John William Salmond
Download or read book Jurisprudence Or the Theory of the Law written by Sir John William Salmond and published by . This book was released on 1902 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Lectures on Jurisprudence, Or, The Philosophy of Positive Law by : John Austin
Download or read book Lectures on Jurisprudence, Or, The Philosophy of Positive Law written by John Austin and published by . This book was released on 1875 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
