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 : 57.87 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

Spaces Of Justice

Author : Chris Butler
ISBN : 9781317355373
Genre : Law
File Size : 30.50 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

Injury And Injustice

Author : Anne Bloom
ISBN : 9781108352208
Genre : Law
File Size : 52.77 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

Law As If Earth Really Mattered

Author : Nicole Rogers
ISBN : 9781317210580
Genre : Law
File Size : 35.20 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.
Category: Law

Law Unlimited

Author : Margaret Davies
ISBN : 9781317688907
Genre : Law
File Size : 25.71 MB
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This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author’s 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.
Category: Law

Wild Law

Author : Cormac Cullinan
ISBN : 9781920025724
Genre : Law
File Size : 67.90 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

Animal Law

Author : David S. Favre
ISBN : 9781454833987
Genre : Law
File Size : 81.24 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

Law And Ecology

Author : Andreas Philippopoulos-Mihalopoulos
ISBN : 9781136817120
Genre : Law
File Size : 45.11 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.
Category: Law

Contributions To Law Philosophy And Ecology

Author : Ruth Thomas-Pellicer
ISBN : 9781317527350
Genre : Law
File Size : 84.17 MB
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Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory, and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection comprises eleven contributions approaching re-embodiments from a multiplicity of fields, including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized into three parts: ‘Beyond Modernity’, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically.
Category: Law

Confronting Animal Abuse

Author : Piers Beirne
ISBN : 9780742599741
Genre : Nature
File Size : 38.46 MB
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Confronting Animal Abuse presents a powerful examination of the human-animal relationship and the laws designed to protect it. Piers Beirne, a leading scholar in the growing field of green criminology, explores the heated topic of animal abuse in agriculture, science, and sport, as well as what is known, if anything, about the potential for animal assault to lead to inter-human violence. He convincingly shows how from its roots in the Irish plow-fields of 1635 through today, animal-rights legislation has been primarily shaped by human interest and why we must reconsider the terms of human-animal relationships. Beirne argues that if violations of animals' rights are to be taken seriously, then scholars and activists should examine why some harms to animals are defined as criminal, others as abusive but not criminal and still others as neither criminal nor abusive. Confronting Animal Abuse points to the need for a more inclusive concept of harms to animals, without which the meaning of animal abuse will be overwhelmingly confined to those harms that are regarded as socially unacceptable, one-on-one cases of animal cruelty. Certainly, those cases demand attention. But so, too, do those other and far more numerous institutionalized harms to animals, where abuse is routine, invisible, ubiquitous and often defined as socially acceptable. In this pioneering, pro-animal book Beirne identifies flaws in our traditional understanding of human-animal relationships, and proposes a compelling new approach.
Category: Nature