Law And The Question Of The Animal
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Law And The Question Of The Animal
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Author : Yoriko Otomo
language : en
Publisher: Routledge
Release Date : 2013-02-11
Law And The Question Of The Animal written by Yoriko Otomo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-11 with Law categories.
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?
Animal Law
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Author : Katherine Mary Hessler
language : en
Publisher:
Release Date : 2017
Animal Law written by Katherine Mary Hessler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Animal welfare categories.
For law professors looking for new tools to help explain core legal concepts, this book provides a fresh perspective on teaching such courses as Property, Contracts, Torts, Constitutional Law, Criminal Law, Remedies, Environmental Law and Wills & Trusts. Due to the ubiquitous presence and use of animals in our society, animal law overlaps with these and other areas of law. The lessons we learn from these intersecting spheres of law are important and can help us reframe our understanding of individual substantive areas. For example, a person who owns a domesticated mouse cannot legally poison or cruelly kill the mouse, whereas it is standard practice -- and legal -- to trap, kill, or poison mice who come into our homes and are considered pests. If the behavior is the same, and the legal consequence is different, one may question whether the contextual differences support that outcome. Moreover, animals are legally classified as property. However, scientifically, animals are classified as living beings with certain capacities. While the law generally fails to explicitly distinguish between living beings (non-human animals) and inanimate objects, the dissonance between the scientific and legal realities creates anomalies within the law, which are surfacing with increasing frequency. The property classification of animals, in particular, results in inconsistent legal outcomes. Analyzing animal law cases within traditional areas of law encourages critical thinking and questioning of the function of certain legal constructs, sharpens our legal analysis and tests the law''s ability to respond to changing realities. Individual topics are available as ebooks. Each individual subject area ebook begins with the front matter for the entire book, including the "General Overview." If you teach a related course, and want to consider a subject area ebook for adoption (for example, the property chapter in a property course), contact comp@cap-press.com. If approved, we will send access to the requested ebook chapter: CONSTITUTIONAL LAW CHAPTER on RedShelf Including animal law cases creates a fresh lens through which to explore core constitutional law concepts, such as standing. For example, students can be asked to examine how and what sort of plaintiff would be able to allege standing to sue when the victim of an injury is a factory farmed, research or zoo animal, providing students with an opportunity to think creatively about the application and development of key constitutional law principles in a context that is increasingly relevant in our society, but which may be new to many students. CONTRACT LAW CHAPTER on RedShelf Studying cases that involve sentient living beings enables students to think more deeply about the role of contracts in American society. Issues raised by animal law cases include: whether the legal system adequately addresses the interests of animals in contracts in which they are the subject matter; and, whether, in a contract dispute, the animal(s) can or should be considered an "interested party." More specifically, this chapter includes issues relating to leases, condominium bylaws and custody disputes, to name a few, where companion animals are at the heart of the dispute (both literally and figuratively). CRIMINAL LAW CHAPTER on RedShelf Incorporating animal law cases within a criminal law course will help students understand how the law develops in response to new information and evolving social consensus about what constitutes cruelty and which species are protected. In the past three decades, criminal anti-cruelty laws have been strengthened in all fifty states. Students will learn how this plays out in prosecutions, convictions and sentencing. As just one example, students will be exposed to the sorts of questions prosecutors and judges have to consider concerning the pre-trial forfeiture of evidence when that evidence is a live animal who cannot be humanely "stored" in an evidence room. ENVIRONMENTAL LAW CHAPTER on RedShelf Bringing animal law concepts into an environmental law class allows students to address structural change to legal principles in an explicit and rigorous manner. One example addresses concentrated animal feeding operations (CAFOs), which not only confine animals in substandard conditions, but also have deleterious effects on the environment (air, water and soil). Students will also learn about the Endangered Species Act and many other federal laws that impact individual animals as well as species. PROPERTY LAW CHAPTER on RedShelf Animal Law poses a fundamental question: How is the legal analysis of property law affected when the interests of sentient (but non-human) beings are considered? Because our legal system treats animals as property in some cases, and as quasi-property beings in other cases, judges and legislatures are creating new rules to balance existing law with a growing recognition of the special character of living forms of property. This chapter also considers the core question of whether animals should be removed from the property status. Reviewing animal law cases will encourage students to think critically and question the function of certain legal constructs that, in many respects, have not been rigorously challenged for more than a century. TORT LAW CHAPTER on RedShelf American society is undergoing a significant change in the treatment of animals, particularly the animals who live with human beings and are increasingly considered to be family members. Adding animal law concepts to a torts course engages students in analyzing how the legal system responds to changing societal values, and allows them to more clearly see bridges between legal fields. In particular, the valuation and measure of damages in tort cases, where the injured or killed victim is a beloved companion animal, is the focus in a growing number of cases throughout the country, as is the question of which tort causes of actions may be available to plaintiffs in this circumstance. Tort law involving animals, especially in cases of harm to companion animals, offers students a firsthand look at how courts approach their role in keeping the common law up-to-date with changing societal views and their rationales for doing so, or for holding firm to past precedents and deferring to state legislatures for such change. While this balancing may come up in various contexts within tort law, it is especially central to tort cases involving harms done to animals. WILLS and TRUSTS LAW CHAPTER on RedShelf Practitioners of wills, trusts and probate law increasingly encounter animal owners who wish to provide for the care of their animals at their incapacity or death. Adding animal law cases to the course syllabus offers a fresh and engaging way for students to approach core legal concepts, as well as the opportunity to think creatively about the application and development of estate planning and probate law. For example, students might have to grapple with a case in which the testator tried to create an estate plan to provide lifetime care for her five beloved dogs, but family members challenged her will in order to gain access to the residue, without having to wait for the last dog to die of natural causes; or cases where courts have to determine whether to interject their own view of what constitutes a reasonable amount of money to leave for the care of the decedent''s companion animals, even if it conflicts with the testator''s expressed intent.
Animal Law
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Author : David S. Favre
language : en
Publisher:
Release Date : 2008
Animal Law written by David S. Favre and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This innovative book explores the emerging area of animal rights law. Animal Law: Welfare, Interest, and Rights asks the question, 'What are the arguments for animal rights as a matter of philosophy and at law?' David Favre, a well-known figure in
Animals And The Law In Antiquity
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Author : Saul M. Olyan
language : en
Publisher: SBL Press
Release Date : 2021-08-06
Animals And The Law In Antiquity written by Saul M. Olyan and has been published by SBL Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-06 with Religion categories.
Animal law has become a topic of growing importance internationally, with animal welfare and animal rights often assuming center stage in contemporary debates about the legal status of animals. While nonspecialists routinely decontextualize ancient texts to support or deny rights to animals, experts in fields such as classics, biblical studies, Assyriology, Egyptology, rabbinics, and late antique Christianity have only just begun to engage the topic of animals and the law in their respective areas. This volume consists of original studies by scholars from a range of Mediterranean and West Asian fields on a variety of topics at the intersection of animals and the law in antiquity. Contributors include Rozenn Bailleul-LeSuer, Beth Berkowitz, Andrew McGowan, F. S. Naiden, Saul M. Olyan, Seth Richardson, Jordan D. Rosenblum, Andreas Schüle, Miira Tuominen, and Daniel Ullucci. The volume is essential reading for scholars and students of both the ancient world and contemporary law.
Law And The Question Of The Animal
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Author : Yoriko Otomo
language : en
Publisher: Routledge
Release Date : 2013
Law And The Question Of The Animal written by Yoriko Otomo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Law's Animal: A Critical Jurisprudence addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals.
Animals As Legal Beings
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Author : Maneesha Deckha
language : en
Publisher:
Release Date : 2021
Animals As Legal Beings written by Maneesha Deckha and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Animal welfare categories.
"In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy."--
Animal Rights
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Author : Paul Waldau
language : en
Publisher: Oxford University Press
Release Date : 2011
Animal Rights written by Paul Waldau and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Nature categories.
A survey of animal rights issues addresses a variety of topics surrounding research animals, companion animals, wild animals, work animals, and animals used for food, as well as discussing the animal rights movement and its key figures and organizations.
Animals In International Law
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Author : Anne Peters
language : en
Publisher: BRILL
Release Date : 2021-05-25
Animals In International Law written by Anne Peters and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-25 with Law categories.
The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.
The Future Of Animal Law
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Author : David Favre
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28
The Future Of Animal Law written by David Favre and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-28 with Nature categories.
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
The Criminal Prosecution And Capital Punishment Of Animals
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Author : E. P. Evans
language : en
Publisher: DigiCat
Release Date : 2022-05-28
The Criminal Prosecution And Capital Punishment Of Animals written by E. P. Evans and has been published by DigiCat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-28 with History categories.
The Criminal Prosecution and Capital Punishment of Animals is a book by E.P. Evans. It covers the history and procedures of killing animals that took the life of human beings, in most cases through no fault of the animals themselves.