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A New Progressivism Cass R
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 A New Progressivism Cass R. Sunstein Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Cass R. Sunstein, "A New Progressivism" (John M. Olin Program in Law and Economics Working Paper No. 245, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 245 (2D SERIES) A New Progressivism Cass R. Sunstein THE LAW SCHOOL THE UNIVERSITY OF CHICAGO May 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=726443 A New Progressivism Cass R. Sunstein* Abstract Based on an address for a conference on Law and Transformation in South Africa, this paper explores problems with two twentieth-century approaches to government: the way of markets and the way of planning. It urge that the New Progressivism simultaneously offers (1) a distinctive conception of government’s appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government’s appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. -
Rattling the Cage Defended Steven M
Boston College Law Review Volume 43 Article 2 Issue 3 Number 3 5-1-2002 Rattling the Cage Defended Steven M. Wise Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Animal Law Commons, and the Science and Technology Law Commons Recommended Citation Steven M. Wise, Rattling the Cage Defended, 43 B.C.L. Rev. 623 (2002), http://lawdigitalcommons.bc.edu/bclr/vol43/iss3/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. RATTLING THE CAGE DEFENDED STEVEN M. WISE* Abstract: In Rattling the Cage: Toward Levi Rights for Animals, the author advocated basic legal rights—specifically common law rights—for chimpanzees, bonobos, and other nonhuman animals. In this Article, the author responds to many of the major criticisms of Rattling the Cage. The author confronts critics of his historical arguments for legal rights for nonhuman animals, tracing those arguments through ancient philosophy and nineteenth century English statutes. The author also expands upon his legal arguments for animal rights, reexamining various theories of rights and justifications for treating animals as property, Finally, borrowing from his upcoming book Drawing the Line: Science and The Case for Animal Rights, the author defends his advocacy of legal rights for nonhuman animals based on the relative autonomy nonhuman animals possess. INTRODUCTION "The 'animal rights' movement is gathering steam and Steven Wise is one of the pistons."l Thus Judge Richard Posner began a Yale Law Journal review of my book, Rattling the Cage: Toward Legal Rights for Animals, published in 2000. -
The Sexual Politics of Meat by Carol J. Adams
THE SEXUAL POLITICS OF MEAT A FEMINISTVEGETARIAN CRITICAL THEORY Praise for The Sexual Politics of Meat and Carol J. Adams “A clearheaded scholar joins the ideas of two movements—vegetari- anism and feminism—and turns them into a single coherent and moral theory. Her argument is rational and persuasive. New ground—whole acres of it—is broken by Adams.” —Colman McCarthy, Washington Post Book World “Th e Sexual Politics of Meat examines the historical, gender, race, and class implications of meat culture, and makes the links between the prac tice of butchering/eating animals and the maintenance of male domi nance. Read this powerful new book and you may well become a vegetarian.” —Ms. “Adams’s work will almost surely become a ‘bible’ for feminist and pro gressive animal rights activists. Depiction of animal exploita- tion as one manifestation of a brutal patriarchal culture has been explored in two [of her] books, Th e Sexual Politics of Meat and Neither Man nor Beast: Feminism and the Defense of Animals. Adams argues that factory farming is part of a whole culture of oppression and insti- tutionalized violence. Th e treatment of animals as objects is parallel to and associated with patriarchal society’s objectifi cation of women, blacks, and other minorities in order to routinely exploit them. Adams excels in constructing unexpected juxtapositions by using the language of one kind of relationship to illuminate another. Employing poetic rather than rhetorical techniques, Adams makes powerful connec- tions that encourage readers to draw their own conclusions.” —Choice “A dynamic contribution toward creating a feminist/animal rights theory.” —Animals’ Agenda “A cohesive, passionate case linking meat-eating to the oppression of animals and women . -
An Inquiry Into Animal Rights Vegan Activists' Perception and Practice of Persuasion
An Inquiry into Animal Rights Vegan Activists’ Perception and Practice of Persuasion by Angela Gunther B.A., Simon Fraser University, 2006 Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in the School of Communication ! Angela Gunther 2012 SIMON FRASER UNIVERSITY Summer 2012 All rights reserved. However, in accordance with the Copyright Act of Canada, this work may be reproduced, without authorization, under the conditions for “Fair Dealing.” Therefore, limited reproduction of this work for the purposes of private study, research, criticism, review and news reporting is likely to be in accordance with the law, particularly if cited appropriately. Approval Name: Angela Gunther Degree: Master of Arts Title of Thesis: An Inquiry into Animal Rights Vegan Activists’ Perception and Practice of Persuasion Examining Committee: Chair: Kathi Cross Gary McCarron Senior Supervisor Associate Professor Robert Anderson Supervisor Professor Michael Kenny External Examiner Professor, Anthropology SFU Date Defended/Approved: June 28, 2012 ii Partial Copyright Licence iii Abstract This thesis interrogates the persuasive practices of Animal Rights Vegan Activists (ARVAs) in order to determine why and how ARVAs fail to convince people to become and stay veg*n, and what they might do to succeed. While ARVAs and ARVAism are the focus of this inquiry, the approaches, concepts and theories used are broadly applicable and therefore this investigation is potentially useful for any activist or group of activists wishing to interrogate and improve their persuasive practices. Keywords: Persuasion; Communication for Social Change; Animal Rights; Veg*nism; Activism iv Table of Contents Approval ............................................................................................................................. ii! Partial Copyright Licence ................................................................................................. -
Animals Liberation Philosophy and Policy Journal Volume 5, Issue 1
AAnniimmaallss LLiibbeerraattiioonn PPhhiilloossoopphhyy aanndd PPoolliiccyy JJoouurrnnaall VVoolluummee 55,, IIssssuuee 11 -- 22000077 Animal Liberation Philosophy and Policy Journal Volume 5, Issue 1 2007 Edited By: Steven Best, Chief Editor ____________________________________________________________ TABLE OF CONTENTS Introduction Steven Best, Chief Editor Pg. 2-3 Introducing Critical Animal Studies Steven Best, Anthony J. Nocella II, Richard Kahn, Carol Gigliotti, and Lisa Kemmerer Pg. 4-5 Extrinsic and Intrinsic Arguments: Strategies for Promoting Animal Rights Katherine Perlo Pg. 6-19 Animal Rights Law: Fundamentalism versus Pragmatism David Sztybel Pg. 20-54 Unmasking the Animal Liberation Front Using Critical Pedagogy: Seeing the ALF for Who They Really Are Anthony J. Nocella II Pg. 55-64 The Animal Enterprise Terrorism Act: New, Improved, and ACLU-Approved Steven Best Pg. 65-81 BOOK REVIEWS _________________ In Defense of Animals: The Second Wave, by Peter Singer ed. (2005) Reviewed by Matthew Calarco Pg. 82-87 Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy, by Matthew Scully (2003) Reviewed by Lisa Kemmerer Pg. 88-91 Terrorists or Freedom Fighters?: Reflections on the Liberation of Animals, by Steven Best and Anthony J. Nocella, II, eds. (2004) Reviewed by Lauren E. Eastwood Pg. 92 Introduction Welcome to the sixth issue of our journal. You’ll first notice that our journal and site has undergone a name change. The Center on Animal Liberation Affairs is now the Institute for Critical Animal Studies, and the Animal Liberation Philosophy and Policy Journal is now the Journal for Critical Animal Studies. The name changes, decided through discussion among our board members, were prompted by both philosophical and pragmatic motivations. -
The Ethical Consistency of Animal Equality
1 The ethical consistency of animal equality Stijn Bruers, Sept 2013, DRAFT 2 Contents 0. INTRODUCTION........................................................................................................................................ 5 0.1 SUMMARY: TOWARDS A COHERENT THEORY OF ANIMAL EQUALITY ........................................................................ 9 1. PART ONE: ETHICAL CONSISTENCY ......................................................................................................... 18 1.1 THE BASIC ELEMENTS ................................................................................................................................. 18 a) The input data: moral intuitions .......................................................................................................... 18 b) The method: rule universalism............................................................................................................. 20 1.2 THE GOAL: CONSISTENCY AND COHERENCE ..................................................................................................... 27 1.3 THE PROBLEM: MORAL ILLUSIONS ................................................................................................................ 30 a) Optical illusions .................................................................................................................................... 30 b) Moral illusions .................................................................................................................................... -
Animal Rights
Book Review Animal Rights Richard A. Posner' Rattling the Cage: Toward Legal Rightsfor Animals. By Steven M. Wise. Cambridge,Mass.: PerseusBooks, 2000. Pp. 362. $25.00. The "animal rights" movement is gathering steam, and Steven Wise is one of the pistons. A lawyer whose practice is the protection of animals, he has now written a book in which he urges courts in the exercise of their common-law powers of legal rulemaking to confer legally enforceable rights on animals, beginning with chimpanzees and bonobos (the two most intelligent primate species).' Although Wise is well-informed about his subject-the biological as well as legal aspects-this is not an intellectually exciting book. I do not say this in criticism. Remember who Wise is: a practicing lawyer who wants to persuade the legal profession that courts should do much more to protect animals. Judicial innovation proceeds incrementally; as Holmes put it, the courts, in their legislative capacity, "are confined from molar to molecular motions."2 Wise's practitioner's perspective is, as we shall see, both the strength and the weakness of the book. f Judge, U.S. Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School. I thank Michael Boudin, Richard Epstein, Lawrence Lessig, Martha Nussbaum, Charlene Posner, and Cass Sunstein for their very helpful comments on a previous draft of this Review. * Adjunct Professor, John Marshall Law School; Adjunct Professor, Vermont Law School; President, Center for the Expansion of Fundamental Rights; Partner, Wise & Slater-Wise, Boston. 1. These are closely related species, and Wise discusses them more or less interchangeably. -
The Use of Philosophers by the Supreme Court Neomi Raot
A Backdoor to Policy Making: The Use of Philosophers by the Supreme Court Neomi Raot The Supreme Court's decisions in Vacco v Quill' and Wash- ington v Glucksberg2 held that a state can ban assisted suicide without violating the Due Process or Equal Protection Clauses of the Fourteenth Amendment. In these high profile cases, six phi- losophers filed an amicus brief ("Philosophers'Brief') that argued for the recognition of a constitutional right to die.3 Although the brief was written by six of the most prominent American philoso- phers-Ronald Dworkin, Thomas Nagel, Robert Nozick, John Rawls, Thomas Scanlon, and Judith Jarvis Thomson-the Court made no mention of the brief in unanimously reaching the oppo- site conclusion.4 In light of the Court's recent failure to engage philosophical arguments, this Comment examines the conditions under which philosophy does and should affect judicial decision making. These questions are relevant in considering the proper role of the Court in controversial political questions and are central to a recent de- bate focusing on whether the law can still be considered an autonomous discipline that relies only on traditional legal sources. Scholars concerned with law and economics and critical legal studies have argued that the law is no longer autonomous, but rather that it does and should draw on many external sources in order to resolve legal disputes. Critics of this view have main- tained that legal reasoning is distinct from other disciplines, and that the law has and should maintain its own methods, conven- tions, and conclusions. This Comment follows the latter group of scholars, and ar- gues that the Court should, as it did in the right-to-die cases, stay clear of philosophy and base its decisions on history, precedent, and a recognition of the limits of judicial authority. -
Society Register
ISSN 2544-5502 SOCIETY REGISTER 3 (3) 2019 Adam Mickiewicz University in Poznan ISSN 2544-5502 SOCIETY REGISTER 3 (3) 2019 Adam Mickiewicz University in Poznan SOCIETY REGISTER 2019 / Vol. 3, No. 3 ISSN: 2544-5502 | DOI: 10.14746/sr EDITORIAL TEAM: Mariusz Baranowski (Editor-in-Chief), Marcos A. Bote (Social Policy Editor), Piotr Cichocki (Quantitative Research Editor), Sławomir Czapnik (Political Science Editor), Piotr Jabkowski (Statistics Editor), Mark D. Juszczak (International Relations), Agnieszka Kanas (Stratification and Inequality Editor), Magdalena Lemańczyk (Anthropology Editor), Urszula Markowska-Manista (Educational Sciences Editor), Bartosz Mika (Sociology of Work Editor), Kamalini Mukherjee (English language Editor), Krzysztof Nowak-Posadzy (Philoso- phy Editor), Anna Odrowąż-Coates (Deputy Editor-in-Chief), Aneta Piektut (Migration Editor). POLISH EDITORIAL BOARD MEMBERS: Agnieszka Gromkowska-Melosik, Adam Mickiewicz University in Poznań (Poland); Kazimierz Krzysztofek, SWPS University of Social Sciences and Humanities (Poland); Roman Leppert, Kazimierz Wielki University (Poland); Renata Nowakowska-Siuta, ChAT (Poland); Inetta Nowosad, University of Zielona Góra (Poland); Ewa Przybylska, Nicolaus Copernicus University in Toruń (Poland); Piotr Sałustowicz, SWPS University of Social Sciences and Humanities (Poland); Bogusław Śliwerski, University of Lodz (Poland); Aldona Żurek, Adam Mickiewicz University in Poznań (Poland). INTERNATIONAL EDITORIAL BOARD MEMBERS: Tony Blackshaw, Sheffield Hallam University (United King- dom); Theodore Chadjipadelis, Aristotle University Thessaloniki (Greece); Kathleen J. Farkas, Case Western Reserve University, Cleveland, Ohio (US); Sribas Goswami, Serampore College, University of Calcutta (India); Bozena Hautaniemi, Stockholm University (Sweden); Kamel Lahmar, University of Sétif 2 (Algeria); Georg Kam- phausen, University of Bayreuth (Germany); Nina Michalikova, University of Central Oklahoma (US); Jaroslaw Richard Romaniuk, Case Western Reserve University, Cleveland, Ohio (US); E. -
The Poetics of the Encounter: Animals, Ethics, and God by Brandi Estey-Burtt
The Poetics of the Encounter: Animals, Ethics, and God By Brandi Estey-Burtt A Thesis Submitted to Atlantic School of Theology, Halifax, Nova Scotia in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Theology and Religious Studies March, 2014, Halifax, Nova Scotia Copyright Brandi Estey-Burtt, 2014 Approved: Dr. Alyda Faber Supervisor Approved: Dr. Susan Slater Reader Approved: Dr. Alice Brittan Examiner Date: 14 March 2014 The Poetics of the Encounter: Animals, Ethics, and God by Brandi Estey-Burtt Abstract Despite growing interest in the past two decades, animal ethics remains a relatively minute area of theology. Some writings have emerged in theological circles arguing for animal rights or even for how to conceive of animals in terms of conventional theological notions such as souls and salvation. However, not many examine ideas and ways of living and being with animals in the ordinary, even mundane, situations of daily life. I suggest we need to cultivate ethical imagination in our interaction with animals, and that one way to do this involves coming face-to-face with them and being attentive to our embodiment. I draw on philosopher Emmanuel Levinas as well as theopoetics to represent the ethical experience of the encounter. Texts such as The Lives of Animals and Disgrace by JM Coetzee provide examples of how we may engage our ethical and theological imagination in day-to-day encounters with animals. 14 March 2014 Table of Contents Acknowledgements Introduction: Animal Ethics and Christian Theology..........................................................1 -
Theideologyfox2018journalartic
This is the pre-peer reviewed version of the following article: Fox, M. A. (2018). The Ideology of Meat-Eating. The Harvard Review of Philosophy, 25, 37-49. doi: 10.5840/harvardreview201853114 which has been published in final form at https://doi.org/10.5840/harvardreview201853114. Downloaded from [email protected], the institutional research repository of the University of New England at Armidale, NSW Australia. The Ideology of Meat-Eating Michael Allen Fox Published in Harvard Review of Philosophy, 25 (2018): 37-49. This material ©copyright The Harvard Review of Philosophy, 2018. Abstract: A network of beliefs and values (an ideology) underlies much of our behavior. While meat-eaters may not acknowledge that they have an ideology, I argue that they do by attempting to identify and deconstruct its elements. I also include numerous historical and philosophical observations about the origins of meat- eaters’ ideology. Explaining and examining ideologies may encourage discussion about a particular area of life (for example, dietary choice) and stimulate change in relation to it. Both adherents to vegetarian/vegan approaches and meat-eaters who wish to become less dependent on animal food sources (for ethical and environmental reasons) can benefit from the broader understanding that such an analysis provides. Key words: animals, anthropocentrism, diet, ideology, livestock, meat, veganism, vegetarianism On ideology and ideologies Generally, we all have reasons—good or bad—for what we choose and do. But behind some of our actions there is a more complex outlook, or what might be called an ideology. An ideology is often thought of as a set of notions tainted by values one disagrees with or finds odious: An ideology belongs to my opponent, not to me, I might think, dismissively. -
Zoopolis, Intervention, and the State of Nature*
Zoopolis, Intervention, and the State of Nature* OSCAR HORTA Universidad de Santiago de Compostela Abstract In Zoopolis, Donaldson and Kymlicka argue that intervention in nature to aid animals is sometimes permissible, and in some cases obligatory, to save them from the harms they commonly face. But they claim these interven- tions must have some limits, since they could otherwise disrupt the struc- ture of the communities wild animals form, which should be respected as sovereign ones. These claims are based on the widespread assumption that ecosystemic processes ensure that animals have good lives in nature. How- ever, this assumption is, unfortunately, totally unrealistic. Most animals are r-strategists who die in pain shortly after coming into existence, and those who make it to maturity commonly suffer terrible harms too. In addition, most animals do not form the political communities Zoopolis describes. The situation of animals in the wild can therefore be considered analogous to one of humanitarian catastrophe, or to that of irretrievably failed states. It matches closely what a Hobbesian state of nature would be like. This means that intervention in nature to aid nonhuman animals should not be limited as Donaldson and Kymlicka argue. Keywords: animal ethics, animal rights, intervention, sovereignty, specie- sism, state of nature. 1. INTRODUCTION Zoopolis: A Political Theory of Animal Rights is a novel, brilliantly argued and very instructive book. It addresses some of the most important topics in ani- mal ethics in a fresh and original way, and opens new lines of inquiry. This paper focuses on what I consider the most significant problemZoopolis tack- * For very helpful comments, I thank Paula Casal and three anonymous referees, two of who later revealed themselves to be Lori Gruen and Andrew Williams.