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An Observation and a Strange but True "Tale": What Might the Historical Trials of Animals Tell Us About the Transforma
Hastings Law Journal Volume 52 | Issue 1 Article 3 11-2000 An Observation and a Strange but True "Tale": What Might the Historical Trials of Animals Tell Us about the Transformative Potential of Law in American Culture Paul Schiff Berman Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Paul Schiff Berman, An Observation and a Strange but True "Tale": What Might the Historical Trials of Animals Tell Us about the Transformative Potential of Law in American Culture, 52 Hastings L.J. 123 (2000). Available at: https://repository.uchastings.edu/hastings_law_journal/vol52/iss1/3 This Essay is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Essay An Observation and a Strange but True 'Tale": What Might the Historical Trials of Animals Tell Us About the Transformative Potential of Law in American Culture? by PAUL SCHIFF BERMAN* As the title indicates, this Essay is based on an observation and a strange but true tale. The observation, which will probably strike many people as uncontroversial-perhaps even cliched-is that law and legal procedures are at the core of American self-identity and are woven deeply into the fabric of our culture. This is not a new insight. Indeed, de Tocqueville's famous observation that "[s]carcely any political question arises in the United States that is not resolved, * Associate Professor, University of Connecticut School of Law. -
27 the Law Is an Ass: Reading E.P. Evans
27 The Law is an Ass: Reading E.P. Evans' The Medieval Prosecution and Capital Punishment of Animals Piers Beirnes1 UNIVERSITY OF SOUTHERN MAINE In this essay I address a little-known chapter in the lengthy history of crimes against (nonhuman) animals. My focus is not crimes committed by humans against animals, as such, but a practical outcome of the seemingly bizarre belief that animals are capable of committing crimes against humans.2 I refer here to the medieval practice whereby animals were prosecuted and punished for their misdeeds, aspects of which readers are likely to have encountered in the work of the historian Robert Darnton (1985). In his book The Great Cat Massacre, Darnton (chapter 2) describes the informal justice meted out to offending neighborhood cats - some of whom were owned and adored by their master's wife - by a group of young male printer's apprentices in Paris during the late 1730s. One night the boys, who felt themselves wronged by the many cats who begged for food from their workshop and who kept them awake at night with their screeching, "gathered round and staged a mock trial, complete with guards, a confessor, and a public executioner. After pronouncing the animals guilty and administering last rites, they strung them up on an improvised gallows" (p. 77). The boys were at once delirious with joy and erupted in gales of laughter - much to the dismay of the owner and his wife, who arrived only after the proceedings had ended. How can we understand this grotesque legalism? Darnton himself is con- cerned less with recounting an episode of human cruelty to animals than he is with confronting the difficult interpretive problem of how a riotous cat massacre seemed to their eighteenth-century participants as an affair of great merriment. -
FY 2016 Annual Report on Technology Transfer
United States Department of Agriculture FY 2016 Annual Report on Technology Transfer Non-Discrimination Policy In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institu- tions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sex- ual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program infor- mation (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Com- plaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the infor- mation requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. -
The Historical and Contemporary Prosecution and Punishment of Animals
ARTICLES THE HISTORICAL AND CONTEMPORARY PROSECUTION AND PUNISHMENT OF ANIMALS By Jen Girgen* This article analyzes the role of the animal "offender," by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have en- ded (for the most part), we continue to punish animals for their "crimes" against human beings. She suggests that we do this primarily to achieve two ends: the restorationof order and the achievement of revenge, and con- cludes with a call for a renewed emphasis on "due process" for animals threatened with punishment for their offenses. I. INTRODUCTION ......................................... 98 II. HISTORICAL ANIMAL TRIALS AND EXECUTIONS ....... 99 A. The Two Kinds of Animal Trials ....................... 99 1. EcclesiasticalTrials ................................ 100 2. Secular Trials ..................................... 105 B. A Third Kind of Trial?....... 114 C. Rationalizing the Existence, Continuation,and "End"of the Animal Criminal Trials ............................ 115 III. THE PROSECUTION AND PUNISHMENT OF ANIMALS IN MODERN TIMES ..................................... 122 A. Vestiges of the Old Trials: "Death Row" Dogs ("Vicious" Dog Proceedings) ...................................... 123 B. Animal Justice Today: Summary Justice ................ 127 C. Keeping Animals in Their Place:Restoring Order (and Achieving Vengeance) .................................. 129 IV. CONCLUSION ........................................... 131 * © Jen Girgen, 2003. Ms. Girgen received her J.D. from the University of Wyoming College of Law in 1996 and her M.S. in Criminology from Florida State University in 2001, and she is currently pursuing her Ph.D. in Criminology at Florida State Univer- sity. The author is very grateful for the generous suggestions and critical comments she received from Professor Bruce Bullington, Bob Edwards, Rhonda Dobbs, and Roy Carr on an earlier draft of this article.