The Palgrave Macmillan Animal Ethics Series
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COURT of APPEALS of the STATE of NEW YORK ------X in the Matter of a Proceeding Under Article 70 of the CPLR for a Writ of Habeas Corpus
COURT OF APPEALS OF THE STATE OF NEW YORK ---------------------------------------------------------------------------------x In the Matter of a Proceeding under Article 70 of the CPLR for a Writ of Habeas Corpus, THE NONHUMAN RIGHTS PROJECT, INC., on Index Nos. 162358/15 behalf of TOMMY, (New York County); Petitioner-Appellant, 150149/16 (New York -against- County) PATRICK C. LAVERY, individually and as an of Circle L Trailer Sales, Inc., DIANE LAVERY, and CIRCLE L TRAILER SALES, INC., Respondents-Respondents, THE NONHUMAN RIGHTS PROJECT, INC., on behalf of KIKO, Petitioner-Appellant, -against- CARMEN PRESTI, individually and as an officer and director of The Primate Sanctuary, Inc., CHRISTIE E. PRESTI, individually and as an officer and director of The Primate Sanctuary, Inc., and THE PRIMATE SANCTUARY, INC., Respondents-Respondents. ---------------------------------------------------------------------------------x MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PERMISSION TO APPEAL TO THE COURT OF APPEALS Elizabeth Stein, Esq. Steven M. Wise, Esq. 5 Dunhill Road (of the Bar of the State of New Hyde Park, New York Massachusetts) 11040 By Permission of the Court (516) 747-4726 5195 NW 112th Terrace [email protected] Coral Springs, Florida 33076 (954) 648-9864 [email protected] TABLE OF CONTENTS Page Table of Authorities ................................................................................... iv Argument .................................................................................................... 1 I. Preliminary Statement -
Humane Intervention’: the International Protection of Animal Rights
This is a repository copy of ‘Humane intervention’: the international protection of animal rights. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/95205/ Version: Accepted Version Article: Cochrane, A. and Cooke, S. (2016) ‘Humane intervention’: the international protection of animal rights. Journal of Global Ethics, 12 (1). pp. 106-121. ISSN 1744-9626 https://doi.org/10.1080/17449626.2016.1149090 Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Alasdair Cochrane & Steve Cooke ‘Humane Intervention’: The International Protection of Animal Rightsi Abstract: This paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights (‘humane intervention’) can be justified. -
JAHR 4-2011.Indd
JAHR Vol. 2 No. 4 2011 UDK 575.4:17.03 Conference paper Eve-Marie Engels* Th e importance of Charles Darwin‘s theory for Fritz Jahr‘s conception of bioethics "Man in his arrogance thinks himself a great work. worthy the interposition of a deity, more humble & I believe true to consider him created from animals."** Charles Darwin, 1838 ABSTRACT Fritz Jahr is a pioneer of bioethics. In this article I will present and outline Jahr’s bioethical programme with a special emphasis on Charles Darwin’s role in Jahr’s ethics. According to Jahr, useful and effi cient animal protection can only be practised well if we have enough knowledge of nature. Jahr refers to Darwin who revolutionised our view of life and of the relationship between the human being and the rest of living nature. In the fi rst introductory section I will shortly present Jahr’s overall perspective and his bioethical imperative. I will also give a very short sketch of today’s bioethics. In the second and third section I will outline Dar- win’s revolutionary theory and its application to the human being. I will also present some of the reactions of his contemporaries which refl ect Darwin’s achievement for our understanding of living nature. In the fourth section I will go back to Fritz Jahr and will present and discuss diff erent aspects of his approach in more detail. A fi nal quotation from Hans Jonas about the dialectical character of Darwinism will trenchantly highlight Darwin’s importance for Fritz Jahr’s ethics. -
The Ad Bellum Challenge of Drones: Recalibrating Permissible Use of Force
The European Journal of International Law Vol. 28 no. 1 © The Author, 2017. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected] The ad bellum Challenge of Drones: Recalibrating Permissible Use of Force Alejandro Chehtman* Abstract Drones constitute an incremental advance in weapons systems. They are able to significantly reduce overall, as well as collateral, damage. These features seem to have important implications for the ad bellum permissibility of resorting to military force. In short, drones would seem to expand the right to resort to military force compared to alternative weapons systems by making resorting to force proportionate in a wider set of circumstances. This line of reasoning has signifi- cant relevance in many contemporary conflicts. This article challenges this conclusion. It argues that resorting to military force through drones in contemporary asymmetrical conflicts would usually be disproportionate. The reason for this is twofold. First, under conditions of radical asymmetry, drones may not be discriminatory enough, and, thereby, collateral damage would still be disproportionate. Second, their perceived advantages in terms of greater discrimination are counteracted by the lesser chance of success in achieving the just cause for war. As a result, resorting to military force through drones in contemporary asymmetrical conflicts would gener- ally be disproportionate not because of the harm they would expectedly cause but, rather, because of the limited harm they are ultimately able to prevent. On the basis of normative argument and empirical data, this article ultimately shows that we need to revise our understanding of ad bel- lum proportionality not only at the level of moral argument but also in international law. -
Cosmopolitanism and Nonhuman Animals ANGIE PEPPER
Beyond Anthropocentrism: ANGIE PEPPER Cosmopolitanism and Nonhuman Animals Abstract: All cosmopolitan approaches to global distributive justice are premised on the idea that humans are the primary units of moral concern. In this paper, I argue that neither relational nor non-relational cosmopolitans can unquestioningly assume the moral primacy of humans. Furthermore, I argue that, by their own lights, cosmopolitans must extend the scope of justice to most, if not all, nonhuman animals. To demonstrate that cosmopolitans cannot simply ‘add nonhuman animals and stir,’ I examine the cosmopolitan position developed by Martha Nussbaum in Frontiers of Justice. I argue that while Nussbaum explicitly includes nonhuman animals within the scope of justice, her account is marked by an unjustifiable anthropocentric bias. I ultimately conclude that we must radically reconceptualise the primary unit of cosmopolitan moral concern to encompass most, if not all, sentient animals. Keywords: Global justice; cosmopolitanism; nonhuman animals; sentience; relational and non-relational; capabilities approach • Introduction All cosmopolitan approaches to global distributive justice are premised on the notion that individuals are the primary units of moral concern. Specifically, most mainstream cosmopolitans consider these individuals to be genetically human. That is to say, cosmopolitans tend to view only humans as the proper subjects of justice and deal only with justice as it applies to inter-human relationships. However, as I will demonstrate, the omission -
REVIEWS Alasdair Cochrane Sentientist Politics: a Theory Of
134 REVIEWS Alasdair Cochrane Sentientist Politics: A Theory of Global Inter-Species Justice New York: Oxford University Press, 2018 ISBN: 978–0-198–78980–2 (HB) £55.00. 162pp Alasdair Cochrane’s Sentientist Politics is an audacious work. Among the vanguard of a relatively small number of philosophers and political theorists spearheading the so-called ‘political turn’ in animal ethics, Cochrane sustains a persuasive, unrepentant, book-length argument for a ‘political system dedicated to the sentience of animals’, a sentientist cosmopolitan democracy. ‘[U]topian in its ambitions’ (p. 13), Sentientist Politics carefully and methodically argues for a number of politically unorthodox positions, including (a) that all sentient beings are moral equals with moral rights; (b) that if (a) is true, then the rights of all sentient beings ought to shape the aims and structures of politics; and (c) that wild animals are owed both negative duties of protection and positive duties of assistance. For the uninitiated, sentience as a term of art in the animal ethics literature refers to those conscious experiences with an attractive or aversive quality, for example, pain and pleasure, suffering, anxiety, fear, etc. Sentience plays a central role in Peter Singer’s pioneering Animal Liberation (1975). Echoing Singer, Cochrane argues in chapter 2 that because they are sentient, nonhu- man animals have interests and intrinsic moral worth; they ‘are concerned with how their own lives are going … they have a stake in their own fates’ (p. 15). Such interests mandate equal consideration, giving ‘equal weight in our moral deliberations to the like interests of all those affected by our actions’ (Singer, 2011: 20). -
Animal Rights and Animal Experiments: an Interest-Based Approach
Alasdair Cochrane Animal rights and animal experiments: an interest-based approach Article (Accepted version) (Refereed) Original citation: Cochrane, Alasdair (2007) Animal rights and animal experiments: an interest-based approach. Res publica, 13 (3). pp. 293-318. DOI: 10.1007/s11158-007-9037-8 © 2007 Springer Verlag This version available at: http://eprints.lse.ac.uk/21189/ Available in LSE Research Online: September 2008 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s final manuscript accepted version of the journal article, incorporating any revisions agreed during the peer review process. Some differences between this version and the published version may remain. You are advised to consult the publisher’s version if you wish to cite from it. Animal Rights and Animal Experiments: An Interest-Based Approach (Res Publica, Vol. 3, No. 3, Sep. 2007: 293-319. Winner of Res Publica Postgraduate Essay Prize) Alasdair Cochrane Department of Government London School of Economics and Political Science Department of Government London School of Economics and Political Science King’s Chambers Houghton Street London WC2A 2AE [email protected] 1 Animal Rights and Animal Experiments: An Interest-Based Approach1 Abstract: This paper examines whether non-human animals have a moral right not to be experimented upon. -
Topics in Animal Rights Law Seminar
TOPICS IN ANIMAL RIGHTS LAW SEMINAR Faculty of Law University of Cambridge Lent Term 2020 Seminar overview Dr Raffael N Fasel, LSE Dr Sean Butler, St Edmund’s College Page 1 of 7 Seminar information Welcome to the Topics in Animal Rights Law Seminar! In this seminar, we discuss advanced topics in Animal Rights Law. The seminar builds on our Animal Rights Law course, usually held in the Michaelmas Term. While attendance of that course is no prerequisite for participating in the Topics in Animal Rights Law Seminar, some prior knowledge on Animal Rights Law will be helpful. The seminar is not a lecture, meaning that its focus lies on discussion, not presentations. All participants are expected to have read the assigned article or book chapter, and to come prepared to discuss it. Each seminar will have a chair who provides some context on the topic and moderates the discussion. The purpose of the seminar is to explore in depth some of the central issues in contemporary animal rights law scholarship. The seminar will be run every other Wednesday from 5-7pm in the Lent Term only. All seminars take place in the Cambridge Law Faculty, 10 West Rd. Please note that the seminar is not examined nor a formal part of the BA or LLM. However, a register will be kept and an attendance certificate is available if required provided by Dr Sean Butler. We will send out a short note before every session, containing the assigned reading and a short description of the topic. We hope you enjoy the seminars, Dr Raffael N Fasel, LSE ([email protected]) Dr Sean -
Whales, Dolphins and Ethics: a Primer
Whales, Dolphins and Ethics: A Primer Thomas I. White, Ph.D. Forthcoming in: Dolphin Communication & Cognition: Past, Present, Future. Edited by Denise L. Herzing and Christine M. Johnson. MIT Press. One of the most important features of science is that major discoveries regularly raise important ethical questions. This is especially true with research about cetaceans, because the discoveries of marine mammal scientists over the last 50 years have made it clear that whales and dolphins share traits once believed to be unique to humans: self-awareness, abstract thought, the ability to solve problems by planning ahead, understanding such linguistically sophisticated concepts as syntax, and the formation of cultural communities (Herman, 1984; Norris et al., 1991; Reiss & Marino, 2001). Accordingly, humanity faces a number of profound questions: What are the ethical implications of the fact that whales and dolphins demonstrate such intellectual and emotional sophistication? Which ethical standards should be used in evaluating how humans treat them? When looked at through this lens, which human behaviors are ethically problematic? How do we change our behavior to improve the situation? Engaging with these questions, however, poses a special challenge for marine mammal scientists. The scientific disciplines employ methodologies that emphasize the careful collection, cataloging and description of empirical data. By contrast, ethical considerations are essentially conceptual and normative. Ethical analyses begin with the facts related to the actions under investigation, but the primary point of an ethical analysis is to conclude what those facts tell us about the ethical acceptability or unacceptability of the actions under investigation. The fundamental challenge for marine mammal scientists who want to explore the ethical implications of what marine mammal science has discovered about whales and dolphins is to move from the description of facts about whales and dolphins to the evaluation of what those facts say about human behavior towards these cetaceans. -
Animals & Society Newsletter
I S S U E 1 7 ANIMALS & SOCIETY NEWSLETTER JAN/FEB 2013 NOTE FROM THE CHAIR — ANGELA MERTIG Hello! I hope everyone’s new year is off to a great start. We have some exciting things planned for the upcoming ASA meetings in New York in August. Our section day will be Saturday, August 10. We will have a section paper session entitled “Social Inequality and Animals” on that day. Traditionally, the council and business meetings are held on this day as well. We have planned to do something a little different this year. In lieu of our scheduled council meeting (which we will hold at a different time and place, to be announced), we will have an invited panel session entitled “Animals and the Environment: Exploring Socio- logical Connections.” Immediately following the 1-hour panel session, we will hold our business meeting (open to all members). The panel session focuses on exploring the potential for cross-collaboration between the sub-fields of environmental sociology and that of animals and society. The panelists will be: Tom Dietz, Colin Jerolmack, Linda Kalof and David Nibert. As a nice complement to the panel noted above, we will be having a joint reception with the environment and tech- nology section. As always, we will have lots of vegan food options. The reception will be onsite on Monday, August 12. So please hold this date, as well as the date of August 10 for our sessions. Additionally, Tom Dietz is organizing a regular session for the ASA program committee entitled “Human-Animal In- teraction.” Animals will figure prominently in the ASA meeting this year—I hope you can attend! Please renew your membership in the section if you haven’t done so already. -
Bibliography
Cover Page The handle http://hdl.handle.net/1887/87894 holds various files of this Leiden University dissertation. Author: Nieuwland, J. Title: Towards an interspecies health policy : great apes and the right to health Issue Date: 2020-05-13 Bibliography Akhtar, A. 2012. Animals and public health. Why treating animals better is critical to human welfare. Hampshire, UK: Palgrave Macmillan. Akhtar, A. 2015. “The flaws and human harms of animal experimentation”. The Cambridge Quarterly of Healthcare Ethics, 24(4), 407-19. Andrews, K. 2013. “Ape Autonomy? Social norms and moral agency in other species” in: Petrus, K. & Wild, M. (eds.), Philosophical Perspectives on Animals: Mind, Ethics, Morals, 173-98. Bielefeld: transcript Verlag. Ashford, E. 2007. “The duties imposed by the human right to basic necessities” in: Pogge, T. (ed.), Freedom from Poverty as a Human Right: Who Owes What to the Very Poor? Oxford University Press, 183-218. Bailey, J. 2008. “An Assessment of the Role of Chimpanzees in AIDS Vaccine Research”, Alternatives to Laboratory Animals (ATLA), 36 (4), 381-428. Barnhill, A., Joffe, S. & Miller, F.G. 2016. “The Ethics of Infection Challenges in Primates”, Hastings Center Report, 46 (4), 20-6. Barrett, M.A. & Osofsky, S.A. 2013. “One Health: interdependence of people, other species, and the planet” in: Katz, D.L., Elmore, J.G., Wild, D.M.G. & Lucan, S. (eds.), Jekel’s Epidemiology, Biostatistics, Preventive Medicine, and Public Health, 364-77. Philadelphia: Elsevier Inc. Barrett, M.A. & Bouley, T.A. 2014. “Need for Enhanced Environmental Representation in the Implementation of One Health”. EcoHealth, 12(2), 212-9. -
(Harvard) Research Output List • Charlotte E. Blattner, Animal Labor
Charlotte E. Blattner, Dr. iur., LL.M. (Harvard) Research Output List 1. PUBLICATIONS IN PEER-REVIEWED SCIENTIFIC JOURNALS • Charlotte E. Blattner, Animal Labor – Ecosystem Services, Journal of Animal and Natural Resources Law 1-33 (accepted) • Charlotte E. Blattner, Secondary Victimization of Animals in Criminal Procedure: Lessons from Switzerland, Journal of Animal Ethics 1-33 (in print) • Charlotte E. Blattner, Should Animals Have a Right to Work? Promises and Pitfalls of an Emerging Theory of Interspecies Justice, Animal Studies Journal 1-23 (in print) • Lauren van Platter & Charlotte E. Blattner, Advancing Ethical Principles for Non-Invasive, Respectful Research with Animal Participants, Society & Animals 1-44 (in print) • Charlotte E. Blattner, Just Transition for Agriculture? Journal of Agriculture, Food Systems, and Community Development 1-6 (2020) • Charlotte E. Blattner & Odile Ammann, Animal Agriculture and Farmers’ Rights: Exploring the Human Rights Nexus, 15(2) Journal of Food Law & Policy 92-151 (2020), link • Charlotte E. Blattner, Sue Donaldson & Ryan Wilcox, Animal Agency in Community: A Political Multispecies Ethnography of VINE Sanctuary, 6 Politics & Animals 1-22 (2020), link • Charlotte E. Blattner, Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law, 22(2) Journal of International Wildlife Law and Policy 63-89 (2019), link • Charlotte E. Blattner, The Recognition of Animal Sentience by the Law, 9(2) Journal of Animal Ethics 121-136 (2019), link • Charlotte E. Blattner, Wildtiere im Umwelt- und Tierschutzrecht: Zwischen Skylla und Charybdis? 1 Zeitschrift für Kritische Tierstudien 9-36 (2018), link • Charlotte E. Blattner & Vanessa Gerritsen, Animal Personality im Tierschutzrecht, Internationale Gesellschaft für Nutztierhaltung (IGN) Nutztierhaltung im Fokus: Animal Personality – Persönlichkeit bei Nutztieren 46-51 (2018), link • Charlotte E.