LAW AND THE QUESTION OF THE ANIMAL A CRITICAL JURISPRUDENCE LAW JUSTICE AND ECOLOGY

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Law And The Question Of The Animal

Author : Yoriko Otomo
ISBN : 9780415683500
Genre : Law
File Size : 60.31 MB
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This book addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. 'Animal law' is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, nor the philosophical issue of the 'human' and the 'animal' that lies at law's foundation. Responding to this interest, Law and the Question of the Animal: A Critical Jurisprudence brings together leading and emerging critical legal theorists to address the question of animality in relation to law's foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does 'animal law' alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?
Category: Law

Research Methods In Environmental Law

Author : Andreas Philippopoulos-Mihalopoulos
ISBN : 9781784712570
Genre :
File Size : 33.52 MB
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This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.
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Law As If Earth Really Mattered

Author : Taylor & Francis Group
ISBN : 0367024195
Genre :
File Size : 24.88 MB
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This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry's philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.
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Animal Law

Author : David S. Favre
ISBN : 9781454833987
Genre : Law
File Size : 78.78 MB
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In Animal Law: Welfare, Interest, and Rights, author David Favre uses problems, case studies, and doctrine as part of a thoughtful exploration of the history, law, and policy of animals rights. Including ample material on jurisprudence, Favre asks students to consider: What are the arguments for animal rights as a matter of philosophy and law? Student-friendly text introduces cases that address a variety of topics. A rich selection of materials shed light on the history of legal and policy protections for animals dating back to 1867. The timely Second Edition updates Animal Law: Welfare, Interest, and Rights. A New Jersey case and legislature impacts animals in agriculture. Favre considers recent cases on dog fighting, as well as a custody dispute case involving a dog. The procedural standing chapter offers timely new cases and a new, improved organization. Tracing the development of animal rights law, this innovative casebook features: David Favre, who has extensive experience teaching and speaking around the world on animal rights issues a consistent emphasis on issues that the public faces with regard to animals , including ownership, sale, veterinary malpractice, recovery for damages for harm to animals, and more accessible problems and engaging case studies on animal rights topics jurisprudence and legal reasoning: what are the arguments for animal rights as a matter of philosophy and law? case decisions supported by informative text a rich variety of material that traces the 100-year history of animal rights an in-depth treatment of the law and policy protecting commercial and agricultural animals The timely Second Edition includes: a key New Jersey decision and legislation concerning animals in agricultural recent cases on dog fighting a look at dog custody in a divorce case new cases on procedural standing a new case on an individual hoarding animals
Category: Law

Spaces Of Justice

Author : Chris Butler
ISBN : 9781317355373
Genre : Law
File Size : 81.1 MB
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This collection is inspired by the transdisciplinary possibilities posed by the connections between space and justice. Drawing on a variety of theoretical influences that include Henri Lefebvre, Gilles Deleuze and Felix Guattari, Doreen Massey, Gillian Rose, Walter Benjamin, Elias Canetti, Antonio Negri and Yan Thomas, the contributors to this book conduct a series of jurisprudential, aesthetic and political inquiries into ‘just’ modes of occupying space, and the ways in which space comes under the signs of law and justice. Bringing together leading critical legal scholars with theorists and practitioners from other disciplines within the humanities, Spaces of Justice investigates unexplored associations between law and architectural theory, the visual arts, geography and cultural studies. The book contributes to the ongoing destabilisation of the boundaries between law and the broader humanities and will be of considerable interest to scholars and students with an interest in the normative dimensions of law’s ‘spatial turn’.
Category: Law

Wild Law

Author : Cormac Cullinan
ISBN : 9781920025724
Genre : Law
File Size : 28.14 MB
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In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed. Cullinan proposes a new approach or "e;Earth Jurisprudence"e; and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.
Category: Law

Injury And Injustice

Author : Anne Bloom
ISBN : 9781108352208
Genre : Law
File Size : 55.14 MB
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This book addresses some of the most difficult and important debates over injury and law now taking place in societies around the world. The essays tackle the inescapable experience of injury and its implications for social inequality in different cultural settings. Topics include the tension between physical and reputational injuries, the construction of human injuries versus injuries to non-human life, virtual injuries, the normalization and infliction of injuries on vulnerable victims, the question of reparations for slavery, and the paradoxical degradation of victims through legal actions meant to compensate them for their disabilities. Authors include social theorists, social scientists and legal scholars, and the subject matter extends to the Middle East and Asia, as well as North America.
Category: Law

Murdering Animals

Author : Piers Beirne
ISBN : 1137574674
Genre : Social Science
File Size : 43.30 MB
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Murdering Animals confronts the speciesism underlying the disparate social censures of homicide and “theriocide” (the killing of animals by humans), and as such, is a plea to take animal rights seriously. Its substantive topics include the criminal prosecution and execution of justiciable animals in early modern Europe; images of hunters put on trial by their prey in the upside-down world of the Dutch Golden Age; the artist William Hogarth’s patriotic depictions of animals in 18th Century London; and the playwright J.M. Synge’s representation of parricide in fin de siècle Ireland. Combining insights from intellectual history, the history of the fine and performing arts, and what is known about today’s invisibilised sites of animal killing, Murdering Animals inevitably asks: should theriocide be considered murder? With its strong multi- and interdisciplinary approach, this work of collaboration will appeal to scholars of social and species justice in animal studies, criminology, sociology and law.
Category: Social Science

Law And Ecology

Author : Andreas Philippopoulos-Mihalopoulos
ISBN : 9781136817113
Genre : Law
File Size : 21.58 MB
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Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.
Category: Law

International Law Theories

Author : Andrea Bianchi
ISBN : 9780191038228
Genre : Law
File Size : 53.15 MB
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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Category: Law