Rattling the Cage Defended Steven M
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
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 -
Animals and Ethics Fall, 2017, P
Philosophy 174a Ethics and Animals Fall 2017 Instructor: Teaching Fellow: Chris Korsgaard Ahson Azmat 205 Emerson Hall [email protected] [email protected] Office Hours: Mondays 1:30-3:30 Description: Do human beings have moral obligations to the other animals? If so, what are they, and why? Should or could non-human animals have legal rights? Should we treat wild and domestic animals differently? Do human beings have the right to eat the other animals, raise them for that purpose on factory farms, use them in experiments, display them in zoos and circuses, make them race or fight for our entertainment, make them work for us, and keep them as pets? We will examine the work of utilitarian, Kantian, and Aristotelian philosophers, and others who have tried to answer these questions. This course, when taken for a letter grade, meets the General Education requirement for Ethical Reasoning. Sources and How to Get Them: Many of the sources from we will be reading from onto the course web site, but you will need to have copies of Singer’s Animal Liberation, Regan’s The Case for Animal Rights, Mill’s Utilitarianism and Coetzee’s The Lives of Animals. I have ordered all the main books from which we will be reading (except my own book, which is not yet published) at the Coop. The main books we will be using are: Animal Liberation, by Peter Singer. Updated edition, 2009, by Harper Collins Publishers. The Case for Animal Rights, by Tom Regan. University of California Press, 2004. Fellow Creatures: Our Obligations to the Other Animals, by Christine M. -
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 ................................................................................................. -
Volume 21, No. 2 Fall 2010 ______
INTERNATIONAL SOCIETY FOR ENVIRONMENTAL ETHICS NEWSLETTER _____________________________________________________ Volume 21, No. 2 Fall 2010 _____________________________________________________ GENERAL ANNOUNCEMENTS ISEE Membership: ISEE membership dues are now due annually by Earth Day—22 April—of each year. Please pay your 2010-2011 dues now if you have not already done so. You can either use the form on the last page of this Newsletter to mail a check to ISEE Treasurer Marion Hourdequin, or you can use PayPal with a credit card from the membership page of the ISEE website at: <http://www.cep.unt.edu/iseememb.html>. “Old World and New World Perspectives on Environmental Philosophy,” Eighth Annual Meeting of the International Society for Environmental Ethics (ISEE), Nijmegen, The Netherlands, 14-17 June 2011: Please see the full call for abstracts and conference details in the section CONFERENCES AND CALLS below. Abstracts are due by 6 December 2010. ISEE Newsletter Going Exclusively Electronic: Starting with the Spring 2011 issue (Volume 22, no. 1), hardcopies of the ISEE Newsletter will no longer be produced and mailed to ISEE members via snail mail. ISEE members will continue to receive the Newsletter electronically as a pdf and, of course, can print their own hardcopies. New ISEE Newsletter Editor: Starting with the Spring 2011 issue, the new ISEE Newsletter Editor will be William Grove-Fanning. Please submit all ISEE Newsletter items to him at: <[email protected]>. Welcome William! ISEE Newsletter Issues: There was no 2010 Spring/Summer issue of the ISEE Newsletter. Because of the ISEE Newsletter Editor transition from Mark Woods to William Grove-Fanning, there will be no Winter 2011 issue of the ISEE Newsletter. -
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 -
Legal Research Paper Series
Legal Research Paper Series NON HUMAN ANIMALS AND THE LAW: A BIBLIOGRAPHY OF ANIMAL LAW RESOURCES AT THE STANFORD LAW LIBRARY By Rita K. Lomio and J. Paul Lomio Research Paper No. 6 October 2005 Robert Crown Law Library Crown Quadrangle Stanford, California 94305-8612 NON HUMAN ANIMALS AND THE LAW: A BIBLIOGRPAHY OF ANIMAL LAW RESOURCES AT THE STANFORD LAW LIBRARY I. Books II. Reports III. Law Review Articles IV. Newspaper Articles (including legal newspapers) V. Sound Recordings and Films VI. Web Resources I. Books RESEARCH GUIDES AND BIBLIOGRAPHIES Hoffman, Piper, and the Harvard Student Animal Legal Defense Fund The Guide to Animal Law Resources Hollis, New Hampshire: Puritan Press, 1999 Reference KF 3841 G85 “As law students, we have found that although more resources are available and more people are involved that the case just a few years ago, locating the resource or the person we need in a particular situation remains difficult. The Guide to Animal Law Resources represents our attempt to collect in one place some of the resources a legal professional, law professor or law student might want and have a hard time finding.” Guide includes citations to organizations and internships, animal law court cases, a bibliography, law schools where animal law courses are taught, Internet resources, conferences and lawyers devoted to the cause. The International Institute for Animal Law A Bibliography of Animal Law Resources Chicago, Illinois: The International Institute for Animal Law, 2001 KF 3841 A1 B53 Kistler, John M. Animal Rights: A Subject Guide, Bibliography, and Internet Companion Westport, Connecticut: Greenwood Press, 2000 HV 4708 K57 Bibliography divided into six subject areas: Animal Rights: General Works, Animal Natures, Fatal Uses of Animals, Nonfatal Uses of Animals, Animal Populations, and Animal Speculations. -
Download the Paper in PDF Format
Is The Price Right? Reexamining the Relationship Between Age and the Value of Statistical Life Daniel Eric Herz-Roiphe Harvard College 2010 M-RCBG Associate Working Paper Series | No. 5 Winner of the 2010 John Dunlop Undergraduate Thesis Prize in Business and Government The views expressed in the M-RCBG Fellows and Graduate Student Research Paper Series are those of the author(s) and do not necessarily reflect those of the Mossavar-Rahmani Center for Business & Government or of Harvard University. The papers in this series have not undergone formal review and approval; they are presented to elicit feedback and to encourage debate on important public policy challenges. Copyright belongs to the author(s). Papers may be downloaded for personal use only. Mossavar-Rahmani Center for Business & Government Weil Hall | Harvard Kennedy School | www.hks.harvard.edu/mrcbg IS THE PRICE RIGHT? REEXAMINING THE RELATIONSHIP BETWEEN AGE AND THE VALUE OF STATISTICAL LIFE An Essay Presented by Daniel Eric Herz-Roiphe to The Committee on Degrees in Social Studies in partial fulfillment of the requirements for a degree with honors of Bachelor of Arts Harvard University March 2010 TABLE OF CONTENTS Introduction: Pricing Life and Discounting Death……………………………………2 Chapter 1: Age, Cognition, and VSL ………………………………………………17 Chapter 2: Results of an Online Contingent Valuation Survey……………………...61 Chapter 3: Rethinking Regulation…………………………………………………..96 Conclusion: The Value of Price……………………………………………………130 References……………………………………………………………………….137 Appendix………………………………………………………………………...154 -
Finding Eden in a Cost–Benefit State
SHARON_FINAL_UPDATED_81920.DOCX (DO NOT DELETE) 8/19/20 12:49 PM Finding Eden in a Cost–Benefit State Ori Sharon* Introduction In the introduction of his 2002 book on cost–benefit analysis (“CBA”), Professor Cass R. Sunstein predicted that despite fierce opposition from opponents of CBA, the US would gradually become “a cost-benefit state.”1 Many factors underlie Sunstein’s prediction, the strongest was his observation that throughout government, the “first generation” debate whether CBA is desirable as a rulemaking policy is concluding with a clear victory for CBA’s proponents.2 After sixteen years, Sunstein’s words seem almost prophetic. In less than a generation, CBA has become entrenched in our society. After taking over the executive,3 the legislature,4 and the * Postdoctoral Researcher at Bar Ilan University Faculty of Law, Ramat Gan, Israel. S.J.D. 2018, Duke University School of Law; L.L.M. 2013, Duke University School of Law; L.L.B. 2009, Tel Aviv University School of Law. I want to thank Jedediah Purdy and Hanoch Dagan for their useful insights and advice. I am indebted to participants at the Tel Aviv Law School Energy and Environment Workshop for their valuable comments. Particular thanks go to Yael Orlev for her unconditional support during the long days, nights, and weekends I spent writing this Article. 1 CASS R. SUNSTEIN, THE COST-BENEFIT STATE: THE FUTURE OF REGULATORY PROTECTION, at ix (2002). 2 Id. at xi. 3 One example of CBA’s influence in the executive branch is President Reagan’s Executive Order requiring federal agencies to analyze the costs and benefits of “major” regulations and to issue regulations only when the analysis showed that “the potential benefits to society .