Animal Publics: Emotions, Empathy, Activism
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Volume 7 2014 by Jenni James the Necessity Defense Encourages
James Stanford Journal of Animal Law & Policy | Vol. 7 2014 Volume 7 2014 WHEN IS RESCUE NECESSARY? APPLYING THE NECESSITY DEFENSE TO THE RESCUE OF ANIMALS By Jenni James ABSTRACT The necessity defense encourages citizens faced with untenable options to choose the action that generates the greatest social utility, even when that act is illegal. Reserved for the rarest occasions, the defense allows a person to argue that his otherwise illegal action should not just be excused, but that it was justified. The defense has the power to transform a criminal defendant into a community hero—but the line between hero and vigilante is thin. As a result, the defense has more vitality in the halls of academia than in courtrooms. The defense proves particularly elusive when invoked by those who rescue nonhuman animals from abusive situations. Although the defense is seldom explicitly barred by the legislature, the defense is generally poorly defined and its application is highly discretionary. This ambiguity in application allows judges to place the defense beyond the reach of animal advocates. This article argues that judges are overly cautious when denying the defense to those who rescue nonhuman animals. It concludes that a more robust application of the defense could ultimately conserve judicial resources while honoring the integrity of our judicial system. By allowing the defense to proceed in what appear to be close cases, judges would preserve their neutrality and allow juries to decide how best to resolve the tension in the law that simultaneously protects and exploits nonhuman animals. James Stanford Journal of Animal Law & Policy | Vol. -
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. -
INTERSPECIES SUSTAINABLE DEVELOPMENT: Intersectional Empathetic Approaches to Food and Climate Justice
1 INTERSPECIES SUSTAINABLE DEVELOPMENT: intersectional empathetic approaches to food and climate justice A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Policy and Governance at the University of Canterbury Éilis Rose Espiner i “He aroha whakatō, he aroha puta mai” (where kindness is sown, kindness will be received) ii Table of Contents Abstract .............................................................................................................................................. iv Acknowledgements ............................................................................................................................. v Introduction ............................................................................................................................................ 0 What is Sustainable Development? .................................................................................................... 1 Literature Review ................................................................................................................................ 2 Theory ................................................................................................................................................. 7 Chapter one: environmental impacts of current food system ............................................................. 11 Inefficient consumption patterns ..................................................................................................... 11 Resource-intensive ........................................................................................................................... -
Journal of Animal Law 2005.01.Pdf
VOL. I 2005 JOURNAL OF ANIMAL LAW Michigan State University College of Law J O U R N A L O F A N I M A L L A W VOL. I 2005 TABLE OF CONTENTS INTRODUCTION The Gathering Momentum…………………………………………………………………. 1 David Favre ARTICLES & ESSAYS Non-Economic Damages: Where does it get us and how do we get there? ……………….. 7 Sonia Waisman A new movement in tort law seeks to provide money damages to persons losing a companion animal. These non-compensatory damages are highly controversial, and spark a debate as to whether such awards are the best thing for the animals—or for the lawyers. Would a change in the property status of companion animals better solve this important and emotional legal question? Invented Cages: The Plight of Wild Animals in Captivity ………………………………... 23 Anuj Shah & Alyce Miller The rate of private possession of wild animals in the United States has escalated in recent years. Laws at the federal, state, and local levels remain woefully inadequate to the task of addressing the treatment and welfare of the animals themselves and many animals “slip through the cracks,” resulting in abuse, neglect, and often death. This article explores numerous facets of problems inherent in the private possession of exotic animals. The Recent Development of Portugese Law in the Field of Animal Rights ………………. 61 Professor Fernando Arajúo Portugal has had a long and bloody tradition of violence against animals, not the least of which includes Spanish-style bullfighting that has shown itself to be quite resistant to legal, cultural, and social reforms that would respect the right of animals to be free from suffering. -
Animal Rights …Legally, with Confidence
How to Do Animal Rights …legally, with confidence Second edition Contents About This Guide 5 Author & Email 5 Animal Rights Motto 6 1 Introduction 1.1 The Broad Setting 7 - the big problem. 1.2 Mass Extinction 9 - we live in the Sixth Extinction. 1.3 Animal Holocaust 11 - we live in an enduring and worsening Animal Holocaust. 1.4 World Scientists' Warning to Humanity 12 - scientists attempt to alert the world to the impending catastrophe. 2 Philosophy: Key Topics 2.1 Animal Rights 16 - know what animal rights are. 2.2 Equal Consideration 21 - are animal and human moral interests equally important? 2.3 Animal Ethics 23 - defend your animal rights activism rationally. 2.4 Consequentialism 29 - the morality of your action depends only on its consequences. 2.5 Deontology 30 - the morality of your action depends only on doing your duty. 2.6 Virtue Ethics 31 - the morality of your action depends only on your character. 2.7 Comparing Philosophies 33 - comparing animal rights with ethics, welfare & conservation. 2.8 Deep Ecology 37 - contrasts with animal rights and gives it perspective. How to Do Animal Rights 3 Campaigning: Methods for Animal Rights 3.1 How to Start Being Active for Animal Rights 40 - change society for the better. 3.2 Civil Disobedience 46 - campaign to right injustice. 3.3 Direct Action 49 - a stronger form of civil disobedience. 3.4 Action Planning 55 - take care that your activities are successful. 3.5 Lobbying 60 - sway the prominent and influential. 3.6 Picketing 65 - protest your target visibly and publicly. -
Sharp-Animal Ethos.Indd
Introduction Moral Entanglements in Experimental Animal Science “Why look at animals?” The critic, painter, and poet John Berger, widely celebrated for his attentiveness to seeing as a way of knowing, famously posed this question while pondering captive zoo and other creatures. Animals “are both like and unlike” humans, wrote Berger, and our encoun- ters with them entail an exchanged gaze. Whereas the animal “does not reserve a special look for man . man becomes aware of himself returning the look” (1990, 13, 25). Across this “abyss of non-comprehension . [the animal’s] common language, its silence, guarantees its distance, its distinct- ness, its exclusion, from and of man” and “because of this distinctness . an animal’s life, never to be confused with a man’s, can be seen to run paral- lel to his. Only in death do the two parallel lines converge and after death, perhaps cross over to become parallel again” (14–15). Experimental laboratory science necessitates specialized, interspecies encounters marked simultaneously by distance and intimacy, difference and similarity, and by distinct confrontations between humans and animals during those moments when animals die for science. As experimental sub- jects, lab animals occupy “parallel” lives in Berger’s sense; the intimacy of human-animal encounters in labs fosters troubling entanglements too. The premise that lab animals are simultaneously “like and unlike” us justifies their experimental use, yet the intimacy of quotidian lab encounters trou- bles the human ability to maintain boundaries of interspecies distance and distinctness. This premise springs from animals’ roles as research subjects: as proxies, animals endure procedures deemed too painful or dangerous for human subjects and, as such, animals are distinct from us. -
Proceedings of the Critical Perspectives on Animals in Society
Proceedings of the Conference Critical Perspectives on Animals in Society held at the University of Exeter, UK 10 March 2012 © CPAS convenors, editors and individual named contributors, 2013 Some rights reserved Copyright in contributions to these proceedings rests with their respective authors. Copyright to the overall collection and arrangement and to any other material in this document rests with the convenors of CPAS and the editors of its proceedings. In the spirit of open-access publishing and with a commitment to the intellectual commons, reuse and distribution of these proceedings for non-commercial purposes is permitted and encouraged, under the terms of the Creative Commons Attribution± NonCommercial±NoDerivs 2.0 UK: England & Wales licence, which can be read at: creativecommons.org/licenses/by-nc-nd/2.0/uk/ Amongst other things, this licence requires that you attribute material you reproduce to its author, and make clear to those you share it with that they too may reproduce it under the terms of the licence. Anything outside the licence, especially commercial use, requires the express permission of the editors and conference convenors, or of individual authors. Requests to the former should be directed to: [email protected] Edited by Chris Calvert and Jessica Gröling Contents Introduction by the editors 5 Chris Calvert and Jessica Gröling — Contributions in brief — About CPAS — Acknowledgements — Conference programme Campaigning techniques 11 Keynote address by Dr Richard D. Ryder Animal rights: moral crusade or social -
The Meaning of the Great Ape Project
POLITICS AND ANIMALS ISSUE 1 I FALL I 2015 The Meaning of the Great Ape Project PAOLA CAVALIERI Independent Researcher It is now more than two decades since the Great Ape Project was launched. How does such a cultural Keywords: and political initiative fit in the ongoing construction of a politics of animal liberation, and in the larger egalitarianism; contemporary moral and social landscape? An albeit tentative answer to this question will be possible nonhuman great apes; only in the context of an illustration of what the Great Ape project is—of its starting point, its articula- personhood; tion, and the objections it elicited. liberation THE PREMISES community may be arranged on the basis of extensive, super-scientific explanations of things (M. Warnock, Should the deeper sense of the idea of equality, 1990, p. 105)—that, in other words, individuals can be on which human rights is based, demand that we treated according to their alleged place within grand gen- provide for the interests and needs of humans eral worldviews built to explain the universe. While in but allow discrimination against the interests and pre-modern philosophy metaphysics predominated over needs of nonhuman beings? Wouldn’t it be ethics, and ethics was based on values which were deter- strange if the same idea contains the claim for mined by particular conceptions of Being, starting at equality and the permission for discrimination least from Henry Sidgwick (1981, B. I, Chapter 3, B. IV, too? (Anstötz, 1993, p. 169) Conclusion) a consensus slowly emerged that in ethics We live in egalitarian times. -
28 1 It Is Important to Do These Actions and It Is Also Important to Talk About Why We Do Them
28 1 It is important to do these actions and it is also important to talk about why we do them. To talk about why it is not normal to keep To those who say that saving eleven or three hundred or one hen is animals in such conditions and for the purpose of slaughter. But only symbolical, I answer: If there was three hundred people drow- liberate them from such a life is normal. ning in water and you saved only one, would that be symbolical? 2 27 into my foot, which will remain there forever, they took a bit of my pelvis Because the animals do not care if you wear or not a mask with which they filled a hole in my heel and because it was not enough they filled the rest with ceramics. I had another operation the next day because one of the wires got badly between the bones. The doctors told me that I’ll Speech at Tierrechtskongress Wien 2008 (Austria), Nebudme zvery 2008 have problems with that foot from now on. (Bratislava, Slovakia), Animal Liberation Fest 2009 (Brno, Czech Republic) Now I am back from hospital, but I spend most of the time lying down with my foot up, because in any other position it gets swollen quite quickly and it I have personally crawled through many fur farms, cattle rearing farms, gets a kind of happy and healthy looking violet colour. Unfortunately, after poultry houses and pig barns and I am still surprised that all of this is real. the operations there were further problems: part of the foot (the instep and I have seen minks, ferrets and arctic foxes being killed so that an image three fingers) are affected by osteoporosis. -
Troubling Species
TROUBLING SPECIES Care and Belonging in a Relational World THE MULTISPECIES EDITING COLLECTIVE Transformations in Environment and Society 2017 / 1 RCC Perspectives: Transformations in Environment and Society is an open-access publication that exists to record and reflect the activities of the Rachel Carson Center for Environment and Society. The journal provides a forum for examining the interrelationship between environmen- tal and social changes and is designed to inspire new perspectives on humanity and the wider world. RCC Perspectives aims to bridge the gap between scholarly and non-scholarly audiences and encourage international dialogue. All issues of RCC Perspectives are available online. To view past issues, please visit www.environmentandsociety.org/perspectives. Troubling Species Care and Belonging in a Relational World THE MULTISPECIES EDITING COLLECTIVE RCC Perspectives Transformations in Environment and Society 2017 / 1 Troubling Species 3 Contents 5 Introduction Etienne S. Benson, Veit Braun, Jean M. Langford, Daniel Münster, Ursula Münster, and Susanne Schmitt, with the support of the Multispecies Editing Collective Multispecies Belonging 11 When Species Fall Apart Jean M. Langford 19 The Domestic Stain, or Maintaining Standards Harriet Ritvo 25 Zero Budget Natural Farming and Bovine Entanglements in South India Daniel Münster 33 Caring, Hating, and Domesticating: Bird Protection and Cats in Imperial Germany Amir Zelinger 41 Pelicans: Protection, Pests, and Private Property Emily O’Gorman 49 The Cattle Guard Etienne S. Benson Multispecies Care 59 Making Worlds with Crows: Philosophy in the Field Thom van Dooren 67 The Sons of Salim Ali: Avian Care in the Western Ghats of South India Ursula Münster 77 Interspecies Care in a Hybrid Institution Piers Locke 83 Care, Gender, and Survival: The Curious Case of the Seahorse Susanne Schmitt 91 Viral Ethnography: Metaphors for Writing Life Celia Lowe 97 Of Mice and Men: Ecologies of Care in a Climate Chamber Veit Braun Troubling Species 5 Etienne S. -
Animal-Industrial Complex‟ – a Concept & Method for Critical Animal Studies? Richard Twine
ISSN: 1948-352X Volume 10 Issue 1 2012 Journal for Critical Animal Studies ISSN: 1948-352X Volume 10 Issue 1 2012 EDITORAL BOARD Dr. Richard J White Chief Editor [email protected] Dr. Nicole Pallotta Associate Editor [email protected] Dr. Lindgren Johnson Associate Editor [email protected] ___________________________________________________________________________ Laura Shields Associate Editor [email protected] Dr. Susan Thomas Associate Editor [email protected] ___________________________________________________________________________ Dr. Richard Twine Book Review Editor [email protected] Vasile Stanescu Book Review Editor [email protected] ___________________________________________________________________________ Carol Glasser Film Review Editor [email protected] ___________________________________________________________________________ Adam Weitzenfeld Film Review Editor [email protected] ___________________________________________________________________________ Dr. Matthew Cole Web Manager [email protected] ___________________________________________________________________________ EDITORIAL ADVISORY BOARD For a complete list of the members of the Editorial Advisory Board please see the Journal for Critical Animal Studies website: http://journal.hamline.edu/index.php/jcas/index 1 Journal for Critical Animal Studies, Volume 10, Issue 1, 2012 (ISSN1948-352X) JCAS Volume 10, Issue 1, 2012 EDITORAL BOARD .............................................................................................................. -
Animals Unmodified: Defining Animals/Defining Human Obligations to Animals Taimie L
University of Chicago Legal Forum Volume 2006 | Issue 1 Article 6 Animals Unmodified: Defining Animals/Defining Human Obligations to Animals Taimie L. Bryant [email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Bryant, Taimie L. () "Animals Unmodified: Defining Animals/Defining Human Obligations to Animals," University of Chicago Legal Forum: Vol. 2006: Iss. 1, Article 6. Available at: http://chicagounbound.uchicago.edu/uclf/vol2006/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Animals Unmodified: Defining Animals/Defining Human Obligations to Animals Taimie L. Bryant [Tihe definition of women in law and in life is not ours.... [W]omen [are not] measured by standards that reflect the experience and aspirations of women as such. We are not allowed to be women on our own terms. Catharine A. MacKinnon, Feminism Unmodified 71 (Harvard 1987). INTRODUCTION Palos Verdes Peninsula, home to some of Los Angeles County's most affluent residents,1 is also home to some of the world's most beautiful birds, including the India blue peafowl. Although there are many species of peafowl, India blue peacocks, with their iridescent blue-green plumage, are the peacocks most Americans think of when peacocks are mentioned. The population of India blue peafowl on the Peninsula is particularly vibrant because, despite the presence of predators, the population is large enough to generate genetically robust and healthy individuals.2 Originally from India and resident on the Peninsula since the 1920s, peacocks, peahens, and peachicks are so numerous that they may constitute the largest wild flock of pure India blue peafowl in the United States.