For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will (...) argue that some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts. (shrink)

What grounds my experience of my body as my own? The body that one experiences is always one’s own, but it does not follow that one always experiences it as one’s own. One might even feel that a body part does not belong to oneself despite feeling sensations in it, like in asomatognosia. The article aims at understanding the link between bodily sensations and the sense of ownership by investigating the role played by the body schema.

Los excesos cometidos en las políticas de seguridad han conducido a una creciente violación de las libertades individuales. Esto ha hecho que sea cada vez más frecuente la interposición de recursos de hábeas corpus por aquellos que ven arbitrariamente afectada su libertad. Una figura jurídica que debería ser de uso excepcional, y en casos de emergencia, se ha vuelto de uso casi cotidiano . Esto no muestra necesariamente una mala utilización del recurso —aunque puede advertirse en algunos casos cierto (...) abuso por parte de los abogados— sino que es síntoma de la magnitud de la amenaza a la libertad que implica una política de seguridad inadecuada. El trabajo posee la siguiente estructura. En el apartado II se llama la atención sobre un problema general que tienen las políticas de seguridad que utilizan como instrumento la amenaza de detenciones indiscriminadas. El problema está vinculado al miedo como emoción política y a su carácter antagónico con una concepción de ciudadanía republicana y democrática. El apartado III muestra el modo en que reconocer la legitimación activa amplia para el hábeas corpus colectivo —que intenta poner freno a las políticas de seguridad fundadas en el miedo— encaja con esta concepción de ciudadanía y es fruto de una interpretación armónica del sistema jurídico. (shrink)

This article examines and assesses Pierre Manent’s critique of the European political project and his concomitant endorsement of the nation-state. It first presents Manent’s basic arguments against the European Union, focusing on his Aristotelian understanding of political forms and his notion of the body politic. Subsequently, it argues that Manent’s position, in part due to its Aristotelian underpinnings, is deeply problematic, in that it disregards the contingency and the element of representation that are necessarily inherent in the foundation of every (...) body politic. As a result, Manent’s critique tends to downplay the contingency of the nation-state and to overplay the contingency of the European Union. (shrink)

What grounds my experience of my body as my own? The body that one experiences is always one’s own, but it does not follow that one always experiences it as one’s own. One might even feel that a body part does not belong to oneself despite feeling sensations in it, like in asomatognosia. The article aims at understanding the link between bodily sensations and the sense of ownership by investigating the role played by the body schema.

The first part (‘Some Parts’) deals with Corpus, by Nancy, in contrast with Artaud's experience of his ‘own’ death in the psychiatric hospital in Rodez. The second part, (‘A corpus is not a discourse …, and it is not a narrative’) develops a quasi-narrative which points toward a greater corpus, at once ‘mad’ and undeniably true. ‘Interferon’, ‘Dragon Naturally Speaking’, the (Egyptian) ‘Book of the Dead’, all of these names embody powerful techniques to alter the self and (...) displace the limits of experience ‘itself’. Corpus ‘is’ a writing without writing, or a writing from with/out. *. (shrink)

Paul D. Halliday: Habeas Corpus. From England to Empire Content Type Journal Article Category Book Review Pages 1-3 DOI 10.1007/s11572-012-9141-5 Authors Lindsay Farmer, University of Glasgow, Glasgow, Scotland, UK Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

Reading Anthony Gregory's massive tome on the development of habeas corpus from fourteenth century England through its incorporation into Common Law, and then into Article One of the US Constitution and finally, down to the Patriot Act and other more recent modifications of the “great writ,” I am reminded of something that I heard as a graduate student many decades ago, when I asked a professor about reading a particularly demanding book. I was urged to plunge into that (...) text, providing I could spare a few months. Unlike the book I asked about then, which was a total waste of time (as I soon discovered), Gregory's study is a monument to meticulous research. (shrink)

El Programa de Ética y Teoría Política de la Universidad Nacional de Córdoba reúne a investigadores, becarios doctorales y post-doctorales, profesores y estudiantes avanzados de la carrera de Derecho. El objetivo del grupo es evaluar las instituciones públicas y las conductas de los funcionarios, legisladores, jueces y abogados. El Programa desarrolla diversas líneas de investigación, entre las que se encuentra la evaluación de las políticas de seguridad. En este contexto, se desarrollaron diferentes actividades de formación, se llevaron adelante dos proyectos (...) de investigación, entre los que se encuentra el que se presenta a continuación, y se promovieron diferentes medios de transferencia de los resultados que se presentan al final del informe. Durante el periodo 2011-2012, se llevó adelante la primera investigación sobre la aplicación del Código de Faltas de la Provincia de Córdoba. Tal investigación fue fruto de la cooperación internacional entre la Universidad Nacional de Córdoba y la Universidad de la Rioja de España. La investigación concluyó en el “Informe y relevamiento sobre la aplicación del Código de Faltas en la Ciudad de Córdoba” que mostró la sistematicidad y selectividad con la que se aplicaba a jóvenes de diferentes barrios. El informe también mostró cuáles son las razones que los jóvenes identificaban como causa de la detención. En este informe, surgió que, pese a la sistematicidad y selectividad de las detenciones arbitrarias que afectaban la vida de los jóvenes, estos no tenían acceso a la justicia para denunciar, reparar o prevenir tal situación. (shrink)

In this article I consider how our experiences of bodily privacy are changing in the contemporary surveillance society. I use biometric technologies as a lens for tracking the changing relationships between the body and privacy. Adopting a broader genealogical perspective, I retrace the role of the body in the constitution of the modern liberal political subject. I consider two different understandings of the subject, the Foucauldian political subject, and the Lacanian psychoanalytic subject. The psychoanalytic perspective serves to appraise the importance (...) of hiding for the subject effects of excessive exposure to the Other’s gaze. I conclude to the importance of the subject’s being able to hide, even when it has nothing to hide. By considering these two facets of subjectivity, political and psychic, I hope to make sense of our enduring and deeply political passionate attachment to privacy. (shrink)

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection (...) of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s (...) confinement constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the error.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy (...) should be released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

This essay is about the United States Supreme Court's discursive creation of two kinds of persons, one corporate the other criminal, during its 1886 term. The aim is to contrast the Supreme Court's construction of corporate personhood in County of Santa Clara v. Southern Pacific Railroad with its view of the criminal's body in Ex parte Royall, a habeas corpus case. The Court's purpose in deciding these two cases was to design a way to disperse newly emergent and (...) conflicting interests in particular directions within the judicial apparatus. The result is that both criminal and corporate bodies come to be understood through discourse, not outside of it. So the body which is being introduced can be described as a discursive body, not as an anatomical given. (shrink)

Ogni tentativo di ripensare le nostre categorie politiche deve muovere dalla consapevolezza che della distinzione classica fra zoé e bios, tra vita naturale ed esistenza politica (o tra l'uomo come semplice vivente e l'uomo come soggetto politico), non ne sappiamo piú nulla. Nel diritto romano arcaico homo sacer era un uomo che chiunque poteva uccidere senza commettere omicidio e che non doveva però essere messo a morte nelle forme prescritte dal rito. È la vita uccidibile e insacrificabile dell' 'uomo sacro' (...) a fornire qui la chiave per una rilettura critica della nostra tradizione politica. Quando la vita diventa la posta in gioco della politica e questa si trasforma in biopolitica, tutte le categorie fondamentali della nostra riflessione, dai diritti dell'uomo alla democrazia alla cittadinanza, entrano in un processo di svuotamento e di dislocazione il cui risultato sta oggi davanti ai nostri occhi. Seguendo il filo del rapporto costitutivo fra nuda vita e potere sovrano, da Aristotele ad Auschwitz, dall'Habeas corpus alle Dichiarazioni dei diritti, il libro di Agamben cerca di decifrare gli enigmi - prima di tutti il fascismo e il nazismo - che il nostro secolo ha proposto alla ragione storica. Fino a vedere, nel campo di concentramento, il paradigma biopolitico nascosto della modernità in cui città e casa sono diventate indiscernibili e la possibilità di distinguere tra il nostro corpo biologico e il nostro corpo politico ci è stata tolta una volta per tutte. (shrink)

This paper will ask whether the legal status presently afforded to nonhuman animals ought to influence regulatory debates concerning human cerebral organoids. The New York Courts recently refused to grant a writ of habeas corpus to Happy the Elephant as she was property rather than a legal person while at the same time accepting that she is a moral patient deserving of rights protection. An undesirable situation has therefore arisen in which the law holds a being with moral (...) status to be incapable of benefitting from legal redress due to their legal status as property.The author argues that this is something that we ought to avoid when designing the regulatory framework which will govern the use of human cerebral organoids. Yet, a difference exists in that, whereas the judges already accept Happy is a moral patient, there is presently no consensus around the moral status of organoids. This paper will consider whether human cerebral organoids have passed the moral threshold of sentience. If they have, or are close to doing so, regulators ought to consider their legal status in advance so as to ensure that adequate limitations are placed on this usage so as to avoid unethical practices. (shrink)

For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with "great iniquities." This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is a a fundamental (...) violation of the rule of law. This legal status can be understood in Kant's sense as an original "right to freedom," one that is not derived from or acquired by membership in a community or from citizenship. The realization of this kind of legal status can already be found in the "cosmopolitan constitutions" of many democracies, which include rights of persons (and not just citizens) to habeas corpus and other statuses that protect those vulnerable to domination. In order that all persons have the appropriate institutional space within which to exercise the powers of persons to address and make claims, institutions such as human rights courts to which those who lack legal status can appeal and be recognized are necessary for a form of the rule of law that is adequate to current circumstances. (shrink)

The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus and nonrefoulement, he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of (...) global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law. (shrink)

La denuncia de la universalidad de los derechos humanos como eurocentrismo no es eurocentrista, en el mal sentido de la palabra. Quien es torturado o pasa hambre sobre la tierra entiende rapidamente el mensaje de que el hombre es una imagen de Dios a quien no se le debe hacer esto, y le resulta más inmediatamente evidente el postulado de una constitución que lo prohibe que a un historicista europeo que quisiera ver limitado el "habeas corpus" a los (...) europeos. El torturado tendría poca comprensión para el escéptico que le dijera que la idea de una semejanza entre Dios y el hombre se ha desmoronado en Europa, pero que él "no europeo" no se va a venir abajo por ello. El escepticismo historicista no tiene ningún valor para los oprimidos y los ultrajados; es un lujo para los establecidos. (shrink)

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who (...) plead not responsible by reason of mental disease or defect under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment. (shrink)

Noir -- House -- Train -- Dead -- Ipseity -- Habeas corpus.

ABSTRACT For several generations before the First World War, the idea that the British constitution contained a ‘right of asylum' for foreign nationals was commonplace. Though this belief had profound consequences for Britain's treatment of political and religious exiles, its relations with foreign states, and the drafting of its extradition and immigration laws, there has been little enquiry into its origins. This article delineates the emergence of the idea of a constitutional ‘right of asylum', locating it in a series of (...) political clashes over the ‘Alien Act' that took place during the decade after the Napoleonic Wars. This legislation, which established controls over foreigners during the French Revolution and the quarter-century of war that followed, was increasingly challenged by the Whig and radical oppositions after Waterloo, both for its specific arbitrary provisions and as a more fundamental violation of the rights of aliens guaranteed by key constitutional documents like Magna Carta and the Habeas Corpus Act. By the mid-1820s these objections cohered into a conviction that asylum itself could be claimed as a right. This conviction and the arguments that spawned it were repeated for many subsequent decades, forming the basis of the widespread Victorian belief in the ‘right of asylum’. (shrink)

The debate over the ethical repercussions of Artificial Intelligence (AI) cannot disregard the “sum total of ideas that bring into evidence a system of ethical reference that justifies that profound dimension of technology as a central element in the attainment of a ‘finalized’ perfection of man”(Galvan 2001). This implies an analysis of the ancient processes that might help to understand the complexities of contemporary society and the new challenges posed to human development. Being at the core of the dichotomy between (...) the human and the machine, biometrics will be central to the analysis carried out in this paper. Its measurement of physiological characteristics and behavioural patterns has politico-philosophical and legal consequences in terms of recognition and personal identity, as the use of artificial intelligence has shown. In information society, customs and traditions, cultural and communication processes, language and the self-determination of the individual have gradually acquired a stretched dimension that has led to a re-definition of the social structures within which the exchange of knowledge and data takes place, with AI-based technological devices playing a key role in such a scenario. The issue of biometric identity becomes highly complex when combined with the potential of digital services, as it is at this level that it shows the large number of interconnections deriving from social and political choices. The benefits of increased interconnection are limited by the risk of intrusion into the (social, personal or private) human sphere, which might pose a threat to both the physical, biological body, with its related freedoms (habeas corpus), and the digital body, in its multiple forms and media representations (habeas data). (shrink)

Chucho is an Andean bear who had lived most of his life in semicaptivity in a nature reserve in Manizales, Colombia. After his sister’s death, he became severely depressed, so the environmental authority transferred him to Barranquilla Zoo. A local lawyer filed a writ of habeas corpus based on Chucho’s right as a sentient being to live in his natural habitat. This writ has triggered a complex debate on nonhuman animal legal personhood and animal rights between two of (...) the highest courts in the country: the Supreme Court of Justice and the Constitutional Court. (shrink)

We argue on consequentialist grounds for the transfer of Sandai, an orangutan, to an orangutan sanctuary. First, we show that satisfying his interest in being transferred brings far greater value than the value achieved by keeping him confined. Second, we show that he has the capacities sufficient for personhood. Third, we show that all persons have a right to relative liberty insofar as they have interests they can exercise only under conditions of relative liberty. Fourth, we show that individuals need (...) not be able to assume social obligations and duties in order to be rights holders. -/- Our argument reflects commitments, as we say, to consequentialist reasoning about moral problems. However, we note that influential representatives of the other dominant ethical traditions—the deontological and Aristotelian traditions—reach our conclusion, too. It makes no difference, in this instance, which ethical theory one adopts. Under all of them, Sandai is a person with an interest in relative liberty entitled to habeas corpus protection. (shrink)

A relatively recent form of animal activism is lawsuits intended to declare some animals as legal persons. A pioneer of this approach is the U.S.-based Nonhuman Rights Project. This organization’s primary strategy has been to invoke the writ of habeas corpus, which protects the right to personal freedom of “persons.” The article criticizes the notion of legal personhood that the NhRP is employing and explains how an alternative understanding of legal personhood could perhaps make nonhuman rights more palatable (...) for courts. (shrink)

The article describes and attempts to resolve a problem that arises for interpreters, translators, teachers, linguists, literary critics, and lawyers. Professional interpreters, for example, see themselves as the impartial transmitters of messages. Their dilemma notably arises in legal contexts when judges and prosecutors use language that is technical and belongs to a political system whose traditions are unfamiliar to defendants. In an effort to explain what such concepts as 'habeas corpus' and 'taking the fifth amendment' mean to Spanish-speaking (...) monoglots, for example, interpreters may become independent voices sending a nuanced version of the original message to its recipients. In such cases, and for other reasons, they may breach the principle of impartiality. The dilemma arises through a seeming incompatibility between two principles essential to impartial interpretation: the need neutrally to transmit a message and the need to communicate the content of a message in such a way as to make it comprehensible to an alien auditor. The author argues that these principles are not necessarily inconsistent. Thus whether an interpreter has deviated from the ideal of impartiality can only be decided on a case-by-case basis. (shrink)

You would think, given the individual's sacrosanct place at the center of a political modernity imposed across the world, you would think, given your own sense of having a body and through it a life (habeas corpus), that there would be some sure measure, when persons die, wherever persons die, of how many persons have died. But no. There are countless ways to count persons, to decide where a person ends and another starts. Stick to sheep! Counting persons (...) would only confound the mind, and if sleep came it would be a tangled, gnarled sort of sleep.Lévi-Strauss maintained that a traditional society was most ecologically viable when it did not exceed 250 (288). Students of such societies understand now this was not... Read More. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction to the Special SectionFranklin G. MillerHappy is a female elephant who has been confined at the Bronx Zoo for over 40 years. In 2018 the Nonhuman Rights Project sued the Wildlife Conservation Society, which manages the zoo, seeking habeas corpus for Happy in order to release her to an elephant sanctuary. Numerous amicus curiae briefs were filed in favor and against the petition on behalf of (...) Happy. The case reached the highest court in New York State, which denied the petition of the plaintiff in June 2022.This special section includes views on the case of Happy by David DeGrazia, Martha Nussbaum, and Christine Korsgaard, three distinguished moral philosophers who have made significant contributions to animal ethics. The essays by Martha Nussbaum and Christine Korsgaard are drawn from the amicus briefs that they filed in the legal proceedings, which they agreed could be published here.Professor Nussbaum applies her "capabilities approach" as a foundation for promoting wellbeing and recognizing rights to Happy and to elephants in general. She argues that Happy is a being with a meaningful life and is entitled to be treated with respect and dignity, which is incompatible with her conditions of confinement at the zoo. Professor Korsgaard applies her understanding of the moral philosophy of Immanuel Kant to the case of Happy—a "cognitively sophisticated [End Page 1] animal" which, like human beings, should be treated as an end in herself and not merely as a means to the purposes of human beings. Professor DeGrazia, in an invited essay, analyzes the meanings of "person" and examines the pertinent characteristics of elephants that make them at least "borderline persons," with the moral status of possessing basic rights.While Happy remains confined at the Bronx Zoo, these three incisive contributions challenge readers to reflect on the ethical treatment of nonhuman animals, especially those with complex and rich capacities of intelligence and emotion. [End Page 2]Franklin G. MillerWeill Cornell Medical College, New YorkCopyright © 2023 Johns Hopkins University Press... (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in (...) fact, compatible with Happy’s personhood. (shrink)

Abstract:In recent years, the field of animal rights has increasingly focused on trying to change the legal status of animals from things to rights-bearing legal persons. This has most prominently been seen in the work of Steven Wise and the Nonhuman Rights Project (NhRP). The NhRP has initiated various habeas corpus proceedings on behalf of certain animals who it argues are entitled the status of legal persons and the fundamental right to bodily liberty. The NhRP appeals to existing (...) principles of common law. It argues that its animal clients are 'practically autonomous,' which, it asserts, is sufficient for them to be entitled to the status of legal persons and to the fundamental right to bodily liberty. Herein, the author argues that whilst Wise and the NhRP have garnered a significant amount of mainstream attention in the animal rights field, less mainstream attention has been paid to understanding how our treatment of some groups of humans and all animals are connected, and how having a deeper understanding of this could assist in producing better strategies for legal change. In this article, the author considers the status quo treatment of animals by reference to the concept of dualistic thinking and explores how the status quo is underpinned by anthropocentrism. In light of these observations, the author critiques the work of Steven Wise and the NhRP by considering how this approach perpetuates the same anthropocentric ideals that underpin the status quo treatment of animals. The author ultimately advocates for an intersectional approach to seeking legal reform and discusses what legal change might look like if an intersectional approach is adopted. (shrink)

Corpus informatisés de français médiéval : contraintes sur leur constitution et spécificités de leurs apports Partant du constat que le linguiste médiéviste ne peut que travailler sur corpus, cet article envisage les contraintes spécifiques qui pèsent sur la constitution de ces corpus, désormais numériques, en particulier en ce qui concerne leur représentativité. La nature de l’étude et la perspective temporelle (synchronique ou diachronique) sont deux facteurs décisifs. Sont ensuite envisagés les apports des corpus, enrichis ou non, (...) tant du point de vue de la quantification des faits que de leur interprétation qualitative. (shrink)

We investigate whether infant‐directed speech (IDS) could facilitate word form learning when compared to adult‐directed speech (ADS). To study this, we examine the distribution of word forms at two levels, acoustic and phonological, using a large database of spontaneous speech in Japanese. At the acoustic level we show that, as has been documented before for phonemes, the realizations of words are more variable and less discriminable inIDSthan inADS. At the phonological level, we find an effect in the opposite direction: TheIDSlexicon (...) contains more distinctive words (such as onomatopoeias) than theADScounterpart. Combining the acoustic and phonological metrics together in a global discriminability score reveals that the bigger separation of lexical categories in the phonological space does not compensate for the opposite effect observed at the acoustic level. As a result,IDSword forms are still globally less discriminable thanADSword forms, even though the effect is numerically small. We discuss the implication of these findings for the view that the functional role ofIDSis to improve language learnability. (shrink)