This paper examines how the oncomouse became a patentable invention. The oncomouse began life in the laboratory, where it was genetically modified for use as a research tool to assist with the study of human cancer. Its design, a product of genetic modification, made the oncomouse potentially patentable subject matter. The United States was the first jurisdiction to award the patent and several others followed. However, the question of animal patenting was most contentious in Europe and Canada. In this paper (...) I examine debates about animal patenting within the legal and moral spaces created by United States, European and Canadian patent law, focusing on differences that emerged in each case. I argue that oncomouse as a patentable invention was made possible and acceptable as different ways of being mouse as natural animal, research tool and invention were made to cohere: that is as they were made to overlap and depend upon one another. In the paper I use the term "cohere" to describe the logic of animal patenting that emerged with, and was essential to, the outcome in each jurisdiction. I describe an ontological politics of connecting and separating different ways of being mouse, as the oncomouse's genetic modification, risks, benefits, and suffering were juxtaposed with patent law, precedent, laboratory protocols, and understandings of human agency and control. As connections and separations were made, a relation, "natural animal-research tool-invention", was established, and logic of animal patenting emerged: but differently each case. (shrink)

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson analyses (...) the limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies. (shrink)

How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...) Its Discontents. Two conflicting routes to guilt are noted in Freud, one involving internalisation of external anger to suppress destructive instincts, the other loving identification with others in the process of self-formation. This second route is developed through the psychoanalytic thought of Hans Loewald and Jonathan Lear. Following Loewald, the moral psychology of self-formation makes loving identification with others the root of responsibility, guilt and atonement. Following Lear, the moral psychology of guilt developed on these lines renders psychoanalysis part of a broadly understood philosophical project following Aristotelian and Socratic principles. Underlying Morris’s account of guilt is the possibility of ‘prospective identification’, understood as the moral and psychological ground of guilt and reconciliation. This is the rational core of criminal justice, which maintains an uneasy relationship with law’s ‘peculiar’ morality. (shrink)

The turn of the millennium has witnessed an extraordinary paradox—one identified by Jacques Derrida as a simultaneous increase in violence against nonhuman animals and compassion toward them. This article turns to critical legal theory as well as to recent work by continental philosophers on the human/animal distinction in order to make sense of the ways the paradox manifests in law, arguing that so-called animal welfare laws that appear to be politically progressive are, in fact, iterations of the very violence (...) they purport to redress. What legislation designates as “animal” has neither language nor a recognized image, which not only renders this singular object of law voiceless but also denies that object access to any experience of death, and thus, to life. Through a deconstruction of recently enacted Japanese “animal welfare” legislation, this article proposes that the inability of the legislator to think the animal as having a relation to death belies a deeper struggle at the heart of law itself, to constitute its subjects through language. (shrink)

What makes modern law and politics modern? What makes the question of "modernity" so central to our understanding of contemporary law and politics? To offer one possible answer to these questions this study examines the changing relationship between animals and humans and, more specifically, the new regulation of the slaughterhouse in turn of the century Germany. If humans and animals meet in the modern agora it is neither because animals are now perceived as more human-like, as champions (...) of progress would have it, nor because humans are perceived as more animal-like, as critics of modernity would suggest. Rather, both animals and humans have undergone a radical transformation, which has put them on the same plane. If life is that which humans and animals share in common, and politics is that which sets them apart, the history of animal laws suggests that modernity entails the radical transformation of both life and politics. This Article strives to understand this change through the transformation of both politics and life into processes, i.e., into that which can be scientifically known and thus manipulated. The different strategies of reformers of slaughtering as well as their opponents are analyzed in light of this fundamental transformation. (shrink)

Animal rights activists all around the world are working to end animal suffering. They campaign for laws to protect animal welfare. They work to stop the use of animals in tests for medicines and cosmetics, factory farming, and the use of fur. Many stop eating meat and using animal products. All agree that animals deserve to be treated with respect and dignity. Could you be one of them? Read this book to find out how to be an animal (...) rights activist"--Provided by publisher. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but (...) that they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

Simple Summary Are we morally justified in using animals in biomedical research and if so, how can we make sure that the experiments are conducted in a scientifically and morally acceptable manner? Based on our own experiences as scholars from various academic backgrounds, we argue that this question can only be answered as an interdisciplinary and international endeavor. Thus, our article aims to contribute to the foundation of the emerging field of animal research ethics, combining perspectives from research ethics, (...) animal ethics, science, and law. In doing so, we describe the following seven phases that animal experiments typically run through: ethical, legal and social presumptions (phase 0), planning (phase I), review (phase II), conduct of experiments (phase III), publication/dissemination (phase IV), further exploitation of results (phase V), and evaluation (phase VI). Here, 20 key ethical, legal, and practical challenges are identified and analyzed that need to be addressed. Apart from challenges arising at the level of the experiments themselves, there are also so-called meta-challenges associated with animal research ethics as a field. Four of these are presented and further discussed, also in relation to their opportunities for the further development of animal research ethics that takes into account interdisciplinary and international perspectives. Abstract Can nonhuman animals be used for the benefit of humans in a scientifically and morally justified manner and, if yes, how? Based on our own experiences as scholars from various academic backgrounds, we argue that this question can only be answered as an interdisciplinary and international endeavor, considering insights from research ethics and animal ethics as well as scientific and legal aspects. The aim of this article is to contribute to the foundation of the emerging field of animal research ethics. In doing so, we describe the following seven phases of animal research experiments: ethical, legal and social presumptions (phase 0), planning (phase I), review (phase II), conduct of experiments (phase III), publication/dissemination (phase IV), further exploitation of results (phase V), and evaluation (phase VI). In total, 20 key ethical, legal, and practical challenges that an ethical framework for the use of animals in research needs to address are identified and analyzed. Finally, we characterize the following four meta-challenges and opportunities associated with animal research ethics as a field: (1) moral pluralism, (2) the integration of views and positions outside the laboratory, (3) international plurality of conduct, standards, and legal norms, and (4) interdisciplinary education. (shrink)

The Animal Ethics Reader is an acclaimed anthology containing both classic and contemporary readings, making it ideal for anyone coming to the subject for the first time. It provides a thorough introduction to the central topics, controversies and ethical dilemmas surrounding the treatment of animals, covering a wide range of contemporary issues, such as animal activism, genetic engineering, and environmental ethics. The extracts are arranged thematically under the following clear headings: Theories of Animal Ethics Nonhuman Animal Experiences Primates (...) and Cetaceans Animals for Food Animal Experimentation Animals and Biotechnology Ethics and Wildlife Zoos and Aquariums Animal Companions Animal Law and Animal Activism Readings from leading experts in the field including Peter Singer, Bernard E. Rollin and Jane Goodall are featured, as well as selections from Tom Regan, Jane Goodall, Donald Griffin, Temple Grandin, Ben A. Minteer, Christine Korsgaard and Mark Rowlands. Classic extracts are well balanced with contemporary selections, helping to present the latest developments in the field. This revised and updated _Third Edition_ includes 31 new readings on a range of subjects, including animal rights, captive chimpanzees, industrial farm animal production, genetic engineering, keeping cetaceans in captivity, animal cruelty, and animal activism. The _Third Edition _also is printed with a slightly larger page format and in an easier-to-read typeface. Featuring contextualizing introductions by the editors, study questions and further reading suggestions as the end of each chapter, this will be essential reading for any student taking a course in the subject. With a new foreword by Bernard E. Rollin. (shrink)

Should animal advocates be allowed to publicly display graphic footage of how animals live (and die) in industrial animal use facilities? Cube of truth (‘cube’) demonstrations are a form of animal advocacy aimed at informing the public about the realities of animals’ experiences in places such as slaughterhouses, feedlots, and research facilities, by showing footage of mostly lawful practices within these workplaces. Activists engaging in cube-style protests have recently been targeted by law enforcement agencies in two Australian (...) states on the basis that the footage on display was too offensive to be shown in public. In this paper, I argue that these justifications do not stand up to scrutiny. Using an original politics of sight analysis, this paper demonstrates how the democratic costs associated with targeting cube protests outweigh the costs to the public. Cube activists are engaging in public dialogue by drawing attention to sites of potential injustice, and are playing an important role in highlighting the agency of the animals involved in exploitative industries. I further make the case that, where such demonstrations fall foul of the law, they should be regarded as legitimate acts of civil disobedience. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals (...) in Brazil and makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

How do we understand the dignity and value of non-human animals? Leading philosophers, ethnologists and writers contribute to this interdisciplinary and wide-ranging account of animal dignity. With a foreword by world-leading primatologist, Dr. Jane Goodall DBE, essays collected here make the case for applying the concept of dignity beyond its usual humanist framework and introduce readers to animal dignity in history, law, science, philosophy, and literature. United in recognizing the dignity of non-human animals, these essays suggest how we (...) might ensure a flourishing environment in times of ecological destruction and climate breakdown. Historians, primatologists, philosophers, novelists and artists approach the concept of animal dignity creatively, offering interpretations that are academically rigorous, alongside ones that are personal and literary. This variety of engagement knits together a fruitful way forward for progressive relations between all species. (shrink)

Traditionally, acts of civil disobedience are understood as a mechanism by which citizens may express dissatisfaction with a law of their country. That expression will typically be morally motivated, non-violent and aimed at changing their government’s policy, practice or law. Building on existing work, in this paper we explore the limits of one well-received definition of civil disobedience by considering the challenging case of the actions of animal activists at sea. Drawing on original interviews with advocates associated with Sea Shepherd, (...) Greenpeace and Humane Society International we find that even if animal activists are morally motivated and civil, the transnational nature of their activity makes it difficult to assess their intention to bring about a change in law or public policy. This means that a civil disobedience defence may not be available to activists operating across international borders. This raises important questions about the usefulness of the civil disobedience concept within the context of a globalised world. We conclude that while the actions of some anti-whaling activists may not meet definitions of civil disobedience as conventionally understood, this says more about the narrow way in which that concept has been traditionally defined, than it does about the type of activity some anti-whaling activists have undertaken in the Southern Ocean. Finally, we argue that activists wishing to make a stand against whaling may have no choice but to act as global citizens because policy change within a single nation-state is unlikely to lead to the cessation of this inherently transnational activity. (shrink)

The recognition of animal sentience in law has created high expectations but has not yet lived up to them. In some jurisdictions, the recognition of animal sentience has formed the basis of new legal obligations imposed on humans to protect animal interests. So far, however, its potential has been limited because legal officials have interpreted sentience narrowly, as mainly referring to pain. This article proposes identifying other animal characteristics to better serve animal interests, namely sociability and agency. These animal characteristics (...) could, like sentience, be legally recognized by legislatures and receive normative force from the courts. This article argues that the legal recognition of sociability and agency could address animal exploitation and killing. Animal sociability and agency are already implicitly recognized by the law of most Western states, making it easier for them to be explicitly recognized in the future. Although these characteristics are already found in the law, they have the potential to be more disruptive than sentience because they have never served as the basis for the legal protection of animals. In other words, their potential as protective tools remains underexplored and underexploited. Moreover, sociability and agency more intuitively suggest normative implications because of their demanding nature. Acknowledging that a being is social and agential implies recognizing her need for social relationships and ensuring that her choices are fulfilled. This research article provides antispeciesist scholars and activists with a critical overview of new concepts around which some may wish to rally, particularly since the legal recognition of sentience has shown limits in multiple jurisdictions. This article explores the potential of legally recognizing sociability and agency by taking examples from the lives of dogs, cows, cats, horses, northern gannets, and dolphins. (shrink)

Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective of this eclectic (...) collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law. (shrink)

The biomedical industry relies on the skills of animal technologists to put laboratory animal welfare into practice. This is the first study to explore how this is achieved in relation to their participation in implementing refinement and reduction, two of the three key guiding ethical principles––the “3Rs”––of what is deemed to be humane animal experimentation. The interpretative approach contributes to emerging work within the social sciences and humanities exploring care and ethics in practice. Based on qualitative analysis of participant observation (...) within animal research facilities in UK universities, in-depth interviews with ATs, facility managers, and other stakeholders, and analysis of regulatory guidelines, we draw a contrast between the minimum required of ATs by law and how their care work not only meets but often exceeds these requirements. We outline how ATs constitute a key source of innovation and insight into the refinement of animal care and the reduction of animal use, hitherto not formally acknowledged. Exploring AT care work as an example of ethics in practice makes an original contribution to broader debates within health care and animal welfare about how technology, regulation, and behavior can foster and sustain a “culture of care”. (shrink)

The aim of this article is to analyse the positions of Montaigne and Descartes in relation to the question of the animal. To do this, I begin by characterizing Derrida's position on the subject, who considers Montaigne and Descartes as two opposing positions on the subject. Then, I analyse the positions of Montaigne and Descartes by means of a commentary on texts by both authors, while I try to explain the Cartesian turn on the animal question with respect to Montaigne. (...) Finally, I argue that Derrida's approach, beyond emphasizing the problem of the animal from the point of view of the Western tradition, inherits the dispute between Montaigne and Descartes. He stressed not so much animal dignity as the peculiarity of man. Moreover, this peculiarity must be demonstrated in order to make self-government possible in a world which is not incomprehensible, but explicable by laws that seem to make human freedom impossible. (shrink)

The first set of case studies on animal use, this volume offers a thorough, up-to-date exploration of the moral issues related to animal welfare. Its main purpose is to examine how far it is ethically justifiable to harm animals in order to benefit mankind. An excellent introduction provides a framework for the cases and sets the background of philosophical and moral concepts underlying the subject. Sixteen original, previously unpublished essays cover controversies associated with the human use of animals (...) in a broad range of contexts, including biomedical, behavioral, and wildlife research, cosmetic safety testing, education, the food industry, commerce, and animal use as pets and in religious practices. Scientific research is accorded the closest scrutiny. The authors represent a wide range of expertise within their specialized areas of research--physiology, public policy, ethics, philosophy, law, veterinary science, and psychology. The careful analysis of each case makes it possible to elevate the discourse beyond over-simplified positions, and to demonstrate the complexity of the issues. The Human Use of Animals will be welcomed by students and faculty in law, philosophy, ethics, public policy, religion, medicine, and veterinary medicine. It will also interest activists in the animal protection movement, and members of animal protection organizations and Institutional Animal Care and Use Committees. (shrink)

"Animal right" is an important political and philosophical concept that has its roots in the work of Francis Hutcheson. Developing ideas derived from his natural-law predecessors, Hutcheson stressed the category of acquired or adventitious right to explain how animals might gain rights through becoming members of a community guided by a moral sense. This theoretical innovation had consequences not just for animals, but for making sense of how all of the formerly rightless might gain rights. Examining Hutcheson's (...) development of an important, if problematic, concept allows us to think of rights not through the natural right tradition of Locke, but rather in connection with Bentham—as granted to those who become useful to the community and grounded in feeling and utility, not reason or language. (shrink)

Abstract McDowell's contributions to epistemology and philosophy of mind turn centrally on his defense of the Aristotelian concept of a ?rational animal?. I argue here that a clarification of how McDowell uses this concept can make more explicit his distance from Davidson regarding the nature of the minds of non-rational animals. Close examination of his responses to Davidson and to Dennett shows that McDowell is implicitly committed to avoiding the following ?false trichotomy?: that animals are not bearers of (...) semantic content at all, that they are bearers of content in the same sense we are, and that they are bearer of "as if" content. Avoiding the false trichotomy requires that we understand non-rational animals as having concepts but not as making judgments. Furthermore, we need to supplement McDowell's distinction between the logical spaces of reasons and of the realm of law with what Finkelstein calls ?the logical space of animate life?. Though McDowell has taken some recent steps to embrace a view like this, I urge a more demanding conception than what McDowell has thus far suggested. (shrink)

From one of the most influential scientists of our time, a dazzling exploration of the hidden laws that govern the life cycle of everything from plants and animals to the cities we live in. The former head of the Sante Fe Institute, visionary physicist Geoffrey West is a pioneer in the field of complexity science, the science of emergent systems and networks. The term "complexity" can be misleading, however, because what makes West's discoveries so beautiful is that he has (...) found an underlying simplicity that unites the seemingly complex and diverse phenomena of living systems, including our bodies, our cities and our businesses. Fascinated by issues of aging and mortality, West applied the rigor of a physicist to the biological question of why we live as long as we do and no longer. The result was astonishing, and changed science, creating a new understanding of energy use and metabolism: West found that despite the riotous diversity in the sizes of mammals, they are all, to a large degree, scaled versions of each other. If you know the size of a mammal, you can use scaling laws to learn everything from how much food it eats per day, what its heart-rate is, how long it will take to mature, its lifespan, and so on. Furthermore, the efficiency of the mammal's circulatory systems scales up precisely based on weight: if you compare a mouse, a human and an elephant on a logarithmic graph, you find with every doubling of average weight, a species gets 25% more efficient--and lives 25% longer. This speaks to everything from how long we can expect to live to how many hours of sleep we need. Fundamentally, he has proven, the issue has to do with the fractal geometry of the networks that supply energy and remove waste from the organism's body. (shrink)

As courts become increasingly technologically sophisticated, it can be expected that the use of the latest visualisation techniques will also increase to make the most of this technology. In particular, the use of computer-generated animations can be expected to become more dominant. There is, however, very little research into the effects of animated evidence on jurors and other members of the judicial process. This paper investigates whether there is a difference in the quality and robustness of memories formed by either (...) hearing an oral testimony or seeing an animated version of it. Also, the paper investigates whether different opinions and attitudes are produced when testimony is presented as an animation as opposed to being verbally presented. Preliminary results reported here indicate that there is indeed a difference in attitude (and therefore potential bias) when animations are used instead of verbal testimony, but that this difference is only apparent in the long term (four weeks or more after the presentation of the animated evidence). The results point to the need for improved knowledge structures for mapping verbal testimony into animations, where issues of implicit knowledge and potential bias are explicitly referenced in the knowledge structure. The paper argues that, until and unless such issues are addressed, it is not safe to use animations in court except to present purely factual information. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar PopovicPius Pietrzyk O.P.Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory. By Petar Popovic. Foreword by F. Russell Hittinger. Washington, D.C.: The Catholic University of America Press, 2022. Pp. xv + 307. $75.00 (hardcover). ISBN: 978-0-8132-3550-9.About a decade ago the former Cardinal Archbishop of Chicago, H. E. (...) Francis Cardinal George, one of the great theologian bishops of the American episcopate, issued a letter on a piece of pending legislation in the state of Illinois. The focus of the letter was on the teaching of the natural law, and why adherence to the natural law required opposition to the proposed legislation. In response, a well-known law professor at a prestigious secular [End Page 710] law school in the state wrote a public response for an online political website. The focus of his argument was to criticize the notion of natural law according to his understanding of the teaching of St. Thomas Aquinas. It is not necessary to describe the details of his argument, other than to say it tended to understand natural law as mere naturalism that evinced a fairly glaring misreading of the Angelic Doctor. That is, the secular legal scholar argued, in essence, that since the activity in question was observable by animals in nature, that it was therefore part of the natural law, and could be defended as a right. To this, a Thomistic sed contra is perhaps the most fitting response.As this story makes clear, there is a great ignorance of what constitutes the natural law in the secular consciousness, even among the most respected of secular legal scholars, to say nothing of the application of the natural law to the juridic world of law and politics. Perhaps the last hurrah of natural law, at least in the American public consciousness, was then Sen. Joseph Biden’s famous grilling of Supreme Court nominee Clarence Thomas on the subject in 1991. Since then, legal positivism has become nearly universal, divorcing legal norms from any realistic understanding of a common human nature. It has become the dominant ideology in America’s legal academies, even if some adherents of natural law remain in positions of authority in the judicial system.Although it has faded from the world of secular law in the United States, the tradition of natural law has retained a firm hold in Catholic thought, especially by that religious order dedicated to the teachings of its most brilliant adherent, St. Thomas. Not only Thomistic natural law, but proponents of the so-called new natural law continue to provide a vibrant source of debate and insight into the understanding of the natural law in evaluating the goodness of human action. Pope John Paul II’s famous encyclical Veritatis Splendor represents the magisterial commitment to the natural law approach in moral thinking, even if some might believe that commitment has weakened in recent years.To a lesser degree, there has remained a strong current of natural law thinking within the currents of legal philosophy in canon law, even if the precise connection between natural law and its juridic instantiation has not always been the focus. Among recent ecclesiastical legal theorists, arguably the most influential proponent of a robust natural law approach to legal philosophy was the Spanish canonist Javier Hervada Xiberta, and especially his Introducción crítica al derecho natural, currently in its tenth Spanish edition. A disciple of Jose Maria Escriva’s Opus Dei movement, Hervada was a long-serving and internationally respected dean of the School of Law in Navarre. Through his teaching and the various journals he founded, he insisted on the link between law and justice—lex and ius. Hervada was firmly convinced of the realism of law: law is nothing less than the ipsa res iusta. That notion of ius was not simply an idea, but recognized a real relationship of debt and obligation between persons. [End Page 711]In this, Hervada saw himself as the proponent not of some novel theory, but merely of one... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXIV, Number 1, April 1998, pp. 53-70 Hume on Justice to Animals, Indians and Women ARTHUR KUFLIK I. The Circumstances of Humean Justice For Hume, the virtue of justice is its "usefulness" to the support of society.1 To help prove this point, he guides us through a series of imaginative thought-experiments. Suppose that resources were infinitely available or that human beings were generous and kind (...) without limit: in such unusual circumstances, nobody would have even "dreamed of" the various property restrictions associated with justice. If the supposition seems too fanciful, the same point can be illustrated, at least to some extent, by special real-life circumstances as well: e.g., by the way that air or water or land go unregulated in those places where they are super-abundant or the way in which the line between what is "mine" and "thine" blurs in loving families or between intimate friends. Moving to the opposite extreme: suppose that resources were so scarce as to render it impossible for most people (regardless of their cooperative exertions) even to subsist. Or suppose that people were not merely limited in their benevolent concern but "perfectly malicious"! Once again, there would be little or no point to the observance of rules of justice. On Hume's account, such rules define a scheme of social cooperation. But by hypothesis, extreme scarcity makes even well-meaning cooperative effort unproductive. Extreme villainy makes it pointlessly dangerous. Indeed, in a world wholly villainous, just cooperative schemes would be altogether impossible. Arthur Kuflik is at the Department of Philosophy, The University of Vermont, 70 South Williams Street, Burlington, Vermont 05401-3404 USA. email: [email protected] 54 Arthur Kuflik What can we conclude? There is a range of circumstances within which schemes of justice make sense: (1) moderate scarcity (resources are adequate to sustain people, but not so extensive that everyone could have as much as might be desired); and (2) limited benevolence (people are neither saintly nor satanic; though clearly concerned about themselves, they are not incapable of caring about what happens to others). John Rawls has dubbed these conditions "the Humean circumstances of justice."2 Hume wants us to notice that they are the very conditions under which justice is both practically possible and socially necessary. Fortunately, they are also the conditions that most commonly prevail. ("The common situation of society is a medium amidst all these extremes" [EPM 188].) II. A More Puzzling Thought-experiment Suppose we grant that the foundation of justice is its usefulness to society. This raises a certain worry: aren't there groups whose members ought to be treated justly even though "society" could flourish just as well if they weren't? (Another way to put the point is to ask: just who are the members of "society"?) This very issue underlies one more puzzling, and even disturbing, Humean thought-experiment: Were there a species of creatures intermingled with men, which, though rational, were possessed of such inferior strength, both of body and mind, that they were incapable of all resistance, and could never, upon the highest provocation, make us feel the effects of their resentment; the necessary consequence, I think, is that we should be bound by the laws of humanity to give gentle usage to these creatures, but should not, properly speaking, lie under any restraint of justice with regard to them, nor could they possess any right or property, exclusive of such arbitrary lords. Our intercourse with them could not be called society, which supposes a degree of equality; but absolute command on one side, and servile obedience on the other.... And as no inconvenience ever results from the exercise of a power, so firmly established in nature, the restraints of justice and property, being totally useless, would never have place in so unequal a confederacy. (EPM 190-191) What can we learn from this thought-experiment? What insight into justice do we gain by imagining a "species of creatures intermingled" among us who, though endowed with some ability to think and to reason, are: (i) greatly inferior to us both physically and mentally; (ii) "incapable of all resistance" to our provocations; and... (shrink)

Wolf Totem is not a novel which advocates ‘molar’ wolf characteristics such as violence, brutality and bloodthirstiness, and ‘molar’ wolf laws such as the law of the jungle and the law of profiting at others’ expense, but a novel which reveals to readers a brand new life experience, different affects possessed by the ‘molecular’ wolf, and the becoming-wolf of human beings. Becoming-wolf is not to imitate the above-mentioned characteristics of the ‘molar’ wolf, but to see or imagine what affects the (...) ‘molecular’ wolf has, and make the life force or the assumed life force possessed by the ‘molecular’ wolf transverse a person, so that he or she can also have those affects. Becoming-wolf is to find a line of flight between man and wolf, to get rid of all the restraints imposed by the Confucian culture on the law-abiding, abjectly obedient people, and thus regaining the force of the ‘impersonal, inorganic’ life, so as to become different by endless desiring productions, and enhance mankind's power. (shrink)

Criminal provisions governing the treatment of animals collectively embody inconsistencies that reflect deep-seated ambivalence about who counts as the victim of animal cruelty, what constitutes the wrong of such cruelty, and what role punishment ought to play in response to it. In the first part, I shall sketch how animal cruelty laws embody tensions and contradictions that make manifest the criminal law’s need for philosophical clarity. In the second part, I shall argue that one way to bring a modicum (...) of order to animal cruelty provisions is to recognize that their cross-cutting prohibitions and permissions respond to, and perhaps exploit, competing understandings of whether one, some, or all of the five principles of legislation appropriately inform the reach of the criminal law. I shall, accordingly, unpack the significant doctrinal disagreements about when and why we should punish animal abusers by working through the ways in which animal cruelty provisions appear to be responsive to inconsistent views about the very point of the criminal law. (shrink)

On the statute books, New Zealand has a strong regulatory system that protects nonhuman animals on farms. Animals are guaranteed the “Five Freedoms,” including freedom to express normal patterns of behavior. This theoretically strong protection is weakened considerably, however, through institutional structures and practices. A loophole in the law allowing practices that violate the Five Freedoms in “exceptional circumstances” is used frequently. The Ministry of Agriculture and Forestry is the government agency that administers animal welfare regulation. This agency (...) is also responsible for increasing primary production, and the farming industry has undue influence with MAF. The National Animal Welfare Advisory Committee is appointed by MAF, and this group is also dominated by industry interests, with a view of animal welfare that excludes behavioral concerns. These factors result in a weakening of welfare requirements. Various solutions to increase protection are proposed, including a requirement that all science and public concerns be taken into account when making decisions on animal welfare and that animal welfare be regulated by an independent government body. (shrink)

Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that (...) the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)

This book is an examination of how the law understands human identity and the whole notion of 'human being'. On these two notions the law, usually unconsciously, builds the superstructure of 'human rights'. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and (...) fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on. The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity - for instance that we can talk meaningfully about the entity that we call 'our self'. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the 'self'? This book seeks to plug these gaps in the literature. (shrink)

In this paper, I examine a variety of agents that appear in Kantian ethics in order to determine which would be necessary to make a robot a genuine moral agent. However, building such an agent would require that we structure into a robot’s behavioral repertoire the possibility for immoral behavior, for only then can the moral law, according to Kant, manifest itself as an ought, a prerequisite for being able to hold an agent morally accountable for its actions. Since building (...) a moral robot requires the possibility of immoral behavior, I go on to argue that we cannot morally want robots to be genuine moral agents, but only beings that simulate moral behavior. Finally, I raise but do not answer the question that if morality requires us to want robots that are not genuine moral agents, why should we want something different in the case of human beings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the rite (...) of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

The animating idea behind this book is that “a better understanding of linguistic communication may help us to a better understanding of legal regulation” . While for Marmor the philosophy of language has played a foundational role in the philosophy of law, The Language of Law is concerned more narrowly with “linguistic communication as a means of conveying legal content” . In preliminary statements Marmor foregrounds his interest in “the linguistic aspects of legal directives”, specifically “the boundaries between linguistic and (...) normative considerations in the inference to legal content of statutory law”. The aim is to articulate “how the legal determinants work” . These linguistic questions, Marmor argues, can be considered independently of any theory of law or of the nature of legal philosophy. His assumption is that “we can make some philosophical progress by paying close attention to the kind of speech acts that legal enactments are” . The underlying issue .. (shrink)

The social research about group decision-making in the human societies has received recent contributions from studies reached in the field of ethology and Game theory. Comparative data revealed the adoption of symbolic systems for vote expression and the consensus achievement in other social species. The wide diffusion of the voting procedure—as a sign of an ecological rationality– in species with different social organizations and cognitive levels, requires a new interpretation of the consensus issue assuming a new evolutionary biopolitical perspective, (...) for the survey of the sociality and in particular of the effects of linguistic rationality on the human group decision-making. (shrink)

In this book, law professors Sherry F. Colb and Michael C. Dorf argue that: -/- many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures; most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2]; later abortions (...) affecting sentient fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and rights of the pregnant woman, which can make these abortions morally permissible. For a book claiming to explore the "connections" between debates about the two issues, just the summary from the book flap -- basically, what's above -- makes it appear that there really isn't much connection between the topics, at least at the core ethical level. Animals are sentient, early fetuses are not, and so the moral arguments about the two issues don't overlap or share premises. While the authors hope to use insights from one issue to shed light on the other, I find that differences in the issues limit these insights. (shrink)

Research on human-animal chimeras have elicited alarms and prompted debates. Those involving the generation of chimeric brains, in which human brain cells become anatomically and functionally intertwined with their animal counterparts in varying ratios, either via xenografts or embryonic co-development, have been considered the most problematic. The moral issues stem from a potential for “humanization” of the animal brain, as well as speculative changes to the host animals’ consciousness or sentience, with consequential alteration in the animal hosts’ moral status. (...) However, critical background knowledge appears to be missing to resolve these debates. Firstly, there is no consensus on animal sentience vis-à-vis that of humans, and no established methodology that would allow a wholesome and objective assessment of changes in animal sentience resulting from the introduction of human brain cells. Knowledge in interspecies comparative neuropsychology that could allow effective demarcation of a state of “humanization” is also lacking. Secondly, moral status as a philosophical construct has no scientific and objective points of reference. Either changes in sentience or humanization effects would remain unclear unless there are some neuroscientific research grounding. For a bioethical stance based on moral status of human-animal brain chimera to make meaningful contributions to regulatory policies, it might first need to be adequately informed by, and with its arguments constructed, in a manner that are factually in line with the science. In may be prudent for approved research projects involving the generation of human-animal brain chimera to have a mandatory component of assessing plausible changes in sentience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FDA Releases Draft Guidance on Regulation of Genetically Engineered AnimalsJohn P. Gluck (bio) and Mark T. Holdsworth (bio)On 18 September 2008, the U.S. Food and Drug Administration (FDA) issued a draft set of guidelines for those involved in developing genetically engineered animals with heritable recombinant DNA (rDNA) constructs and is requesting comment from industry and the public about their content. The document does not impose new regulations but (...) details how existing laws and regulations apply to genetically engineered (GE) animals and offers advice to developers on how to negotiate the laws in the most efficient and productive manner. The draft guidance document is not legally enforceable at this juncture, but the guidelines are recommendations reflecting the FDA's "current thinking on a topic."The modification of GE animals being developed for commercialization, which are the focus of the document, fall into six categories: modifications intended to (1) enhance food quality—e.g., faster growing fish and meats with better nutritional profiles; (2) improve animal health via increased resistance to disease—e.g., mastitis in dairy cattle and Bovine Spongiform Encephalopathy (BSE); (3) create so-called "biopharm" animals capable of producing therapeutic products such as insulin, clotting factors, and tissues for human transplantation; (4) reduce the barriers to human animal interaction—e.g., hypoallergenic pets; (5) develop valid animal models of human disease—e.g., Parkinson's disease, Lesh-Nyhan's syndrome, and cancer; and (6) improve production of industrial or consumer products such as fiber. The timing of the guidelines coincides with the FDA's belief in an expected boon in the number of GE animals approaching the stage of commercialization.The FDA's involvement in the approval process emerges from the new animal drug provisions of the Federal Food Drug and Cosmetic Act and the definition of what constitutes a drug. The Act defines a new animal drug as "an article (other than food) intended to affect the structure or any function of the body of... animals." A rDNA construct intended to affect the structure or function of an animal meets the definition of a new animal drug, regardless of whether the resulting GE animals are intended for human food or the production of pharmaceuticals or any other substances. [End Page 393]Before proceeding to a review of the draft guidelines, it is important briefly to set the controversies around GE animals in historical and ethical context.The Ethical DebateFrom its inception, the intentional genetic modification or genetic engineering of molecules, plants, and animals by the techniques of gene splicing has consistently elicited strong responses from both the scientific community and the public. There are some data to suggest that although the concerns of scientists fall primarily into the category of possible biohazards, those of the public also reflect great concern about the intrinsic moral issues, such as whether there is something fundamentally wrong with this line of work, making it a form of forbidden knowledge (see, e.g., Gaskell 1997). When news of Paul Berg's attempts in 1970 to graft the primate tumor virus (SV 40) onto the intestinal tract bacteria Escherichia coli for the purpose of studying how normal cells may be transformed into cancerous cells was shared with colleagues, he was strongly encouraged to reflect on the potential public health risks if somehow the altered bacteria broke containment and entered the environment. Thanks to Berg's leadership, these concerns soon resulted in conferences held in Asilomar, California, and New Hampton, New Hampshire, where the ethical responsibilities of microbiologists involved in this research were discussed. These initial discussions resulted in what has come to be known as "The Moratorium Letter" (Shattuck 1996) published in the journal Science in 1974. This letter, signed by 11 leaders in the field, actually recommended restrictions on several types of experiments that were considered to be particularly risky and stated "that adherence to our major recommendations will entail postponement or possibly abandonment of certain types of scientifically worthwhile experiments" (Berg 1974). An international conference on the issues came to similar conclusions about the need for a research moratorium for the sake of public safety. Recommendations arising from conference participants led to the formation of the National Institutes... (shrink)

A bold new interpretation of Aristotelian thought is central to Bernard Yack's provocative new book. He shows that for Aristotle, community is a conflict-ridden fact of everyday life, as well as an ideal of social harmony and integration. From political justice and the rule of law to class struggle and moral conflict, Yack maintains that Aristotle intended to explain the conditions of everyday political life, not just, as most commentators assume, to represent the hypothetical achievements of an idealistic "best regime." (...) By showing how Aristotelian ideas can provide new insight into our own political life, Yack makes a valuable contribution to contemporary discourse and debate. His work will excite interest among a wide range of social, moral, and political theorists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Matter and Spirit in the Age of Animal MagnetismEric G. WilsonDuring the Romantic period, writers on both sides of the Atlantic explored the sleepwalker as a merger of holiness and horror. Emerging when scientific thinkers for the first time were connecting spirit to electricity and magnetism, the somnambulist became to certain Romantics a disclosure of the difficulty of harmonizing unseen and seen, agency and necessity. This problem prominently arose (...) in Anton Mesmer's late eighteenth-century experiments in animal magnetism, in which the sleepwalker proved a paradox: an opaque revelation of transparent currents and an unconscious vehicle of sophisticated thought. Romantics such as Coleridge embraced the somnambulist as an embodiment of these troubles involved in relating motion and meaning. Coleridge and those who responded to him saw in the hypnotized human this sobering possibility: the invisible requires the visible to make itself manifest while the visible needs the invisible to become significant. 1 This is sublime and sinister: to elevate a material form to spiritual power is transcendence; to sink the boundless into a body is grotesque.Here I explore the philosophical implications of animal magnetism, the place of the sleepwalker in the history of ideas, and the role of the hypnotized human in Romantic writers, especially Coleridge. I also meditate on relationships between matter and spirit, machine and human, word and thing. Along the way, I place the history of ideas and the works of Romantic writers in mutually illuminating dialogues. The literary texts shed fresh light on philosophical problems while the ideas reveal hidden literary elements.The somnambulistic trance had been around long before Mesmer's magnetic sleeps. For centuries, shamans had used auto-hypnosis to sound [End Page 329] their souls and other-hypnosis to cure their tribe-members' ailments. However, somnambulism could not become a scientific phenomenon until Europeans in laboratories began to study electricity and magnetism. In the early modern period, Paracelsus argued that a vital fluid courses through the cosmos. The human being draws this flow like a magnet attracts force. When the body pulls to itself evil effluvia, it falls ill. To return patients to health, Paracelsus placed magnets on painful areas. He hoped to extract the unwanted current and return it to the cosmic swirl. 2 In "magnetizing" spirit, Paracelsus opened a door for empirical inquiry into the invisible world. In 1600, William Gilbert claimed that magnets correspond to the earth: both are animated by universal attraction and repulsion. 3 By the end of the seventeenth-century, Newton proposed that things are impelled by a force that draws and repels. Newton's theory of gravity inspired natural philosophers of the next centuries to search for a principle of which the magnet and the spark are manifestations. 4During the second half of the eighteenth century and the early part of the nineteenth, natural philosophers explored electricity and magnetism with unprecedented precision. In 1752, Benjamin Franklin revealed the mystery of lightning and perhaps the spark of life. 5 Inspired by Franklin, F. C. Oetinger, J. L. Fricker, and Prokop Divisch developed a theology of electricity, based on the belief that God is the electrical current. 6 Later in the century, Luigi Galvani and Alessandro Volta debated over whether the galvanic flow might be the origin and principle of life itself. 7 A few years before Franklin harvested lightning, John Michell argued that the magnetic force is not constrained to lodestones but is possibly pervasive. Some years later, Franz Aepinus suggested that magnetism and electricity manifest a deep energy. Soon after, C. A. de Coulomb discovered the mathematical law by which electrical and magnetic forces operate (Whittaker, pp. 50–59).These findings led to the breakthroughs of the nineteenth century. 8 In 1807, Humphry Davy hypothesized that chemical elements interact through electromagnetic affinity or repulsion. 9 In 1820, H. C. Oersted demonstrated the correspondence between electricity and magnetism. The same year, A. M. Ampere formulated the laws by which electrical and magnetic currents interact (Whittaker, pp. 81–86). Michael Faraday in 1831 revealed electromagnetic induction and thus inaugurated a second Copernican revolution: he showed that matter is not solid and discrete but a field of electromagnetic energy. 10 The dreams of [End... (shrink)

This paper develops the notion of being right-with, a conceptual lens that underscores what happens when individuals turn to human rights law and other legal processes and proceedings to address injustices by the state. It does this through a critical multi-directional reading of two Uganda High Court appeal cases that overturned the decision of a lower court which at first instance had convicted Dr Stella Nyanzi of the offences of cyber harassment and offensive communications. Being right-with is a regulative and (...) coercive idea within human rights law that animates a violent irrepressible police drive. I use being right-with to assert that when individuals make rights claims under human rights law (however radical those assertions might be), they are still imbricated within a mode of liberal humanist subjecthood that is always conceptually unfree. In trying to move away from this conceptual and dialectical trap of being made right-with and unfree under liberal humanism, this paper tentatively considers Black feminist theorisations of care and freedom ‘to-come’, as well as Édouard Glissant’s notion of opacity to explore the concept of being with elsewhere as a way of articulating practices of Black life that make freedom elsewhere possible. (shrink)

In the evolving field of advanced biopreservation technologies, the development of suspended animation (SA) is inspired by real-world challenges. In the context of space exploration, SA is seen as a solution to enable humans to undertake missions far beyond low Earth orbit, including routine travel to other planets in our solar system and beyond. While work on the socio-ethical and legal implications (ELSI) of space exploration continues to evolve, NASA has committed to make ethics a priority issue, making this (...) a fruitful field for further examination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Toward a Philosophical Anthropology of Nonhuman AnimalsKalpana SeshadriIn medieval iconography, the ape holds a mirror in which the man who sins must recognize himself as simian dei [ape of God]. In Linnaeus’s optical machine, whoever refuses to recognize himself in the ape, becomes one: to paraphrase Pascal, qui fait l’homme, fait le singe [he who acts the man, acts the ape].—Giorgio Agamben, Man and Animal[It is] then, not just (...) about animals. It concerns whether or not we can conceive of ethical relationships beyond either continuism or separatism, beyond identity politics or abyssal alterity.—Kelly Oliver, Animal LessonsI owe a deep debt of gratitude to the authors of the four provocative and challenging papers on HumAnimal: Race, Law, Language, not only for their thoughtful consideration of my work, but for pinpointing and interrogating an uncertain “failure” in my text, namely the absence of the animal as such. David Wood asks if it would be unfair to characterize HumAnimal as a work of “anthropocentric posthumanism.” Ellen Armour, too, wonders about animals and where they figure in my project. She suggests that HumAnimal doesn’t “quite cross the putative line between humans and animals as such,” but [End Page 197] she immediately and generously qualifies the observation as a “good thing, a productive thing.” Rebecca Tuvel, on the other hand, worries that in following Agamben, I appear to uphold “the binary logic that posits animals in opposition to humans because they lack language.” Animals, she suggests, “do seem to communicate with us in important ways, ways that are worth hearing.” These astute comments undoubtedly hit the mark; HumAnimal has nothing to say about animals as such, and despite the lure of the title, there is nary a squeak nor a snout that scuttles between the covers.Rather than explain or defend this absence, let me turn to the title of this response: Why a philosophical anthropology rather than a zoology of animals? Obviously, there is a paradox inherent in calling for an anthropology of autozoōn, instead of a philosophical zoology. The latter would perhaps entail theories of evolution and animal behavior, research areas better left to natural scientists than to philosophers and critical thinkers. The problem with zoology is the way in which the philosophical question is supplanted by biological fact. An anthropology of animals on the other hand, would mean that we focus on the question of what it means to be something. In other words, my sense is that the question of the animal in philosophy can only be raised as a question of human propriety. To lose sight of the fraught co-implication of human propriety and animal alterity is to lose sight of the contribution that philosophy can make to hum(an)animal studies. Thus, where the animal is concerned what we must think is not merely whether the animal has language, whether we are in some kind of biological or social continuity with it, or whether between the animal and human is a condition of implacable alterity, a gulf that cannot be breached. We must also think the kind of necessity charged by the animal as such for thought or for any thinking to take place, and for any interrogation of (human) being. In other words, to follow Derrida in his deconstruction of the animal as such, the animal that is only a word, (l’animot) an abstraction that refers to nothing and everything, an idea of nonhuman life predicated on the ideal of man, must we not abandon, once and for all, the natural attitude toward animals? Must we not begin with the acknowledgment that the animal as such cannot be spoken of, that animals as such do not exist, but what exists is the signifier “animal” as the necessary correlative to any thought, construction or deconstruction of human-being? And that now in our current epoch of posthumanism, the strategic concept of “the natural animal” serves as an inconceivable ideal directing our ethics and our politics? Thus, I suggest that what we must contend with today, what must be encountered not once and for all but repeatedly, is the logical non sequitur that confronts us; that is... (shrink)

We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also torn (...) by many overlapping debates on the nature of classification, and in particular that between the natural and artificial systems. The very validity of the enterprise of classification was questioned in many quarters. Cuvier's achievement on his entry into the Parisian world of science was not simply to establish himself as a highly competent anatomist: far more important, he also began to use ideas from many different specialties to change completely the notion of what was involved in natural history.124 At the same time that he himself swung away from the guiding image of the field naturalist as the ideal of the specialty, he took ideas from the new physiology to answer questions about the order of the animal world, and from comparative anatomy to resurrect extinct creation — and to come to conclusions from that creation about the history of the forms of life and the manner of their succession. He showed himself able to alter the relationships between natural history and many other fields of study in a way that implied, rightly or wrongly, his own complete mastery over such a movement. Partly he was able to do this because the ideas he borrowed were not themselves logically articulated and thus could be easily adapted and refocused for many different specific purposes. The value of the heuristic possibilities inherent in the idea of life, for example, far outweighed its inability to generate full systems of classification. Cuvier also consistently refused to consider in science matters relating to the first causes of events. Freed from the consideration of first-order phenomena, he was able to use second-order explanations across a far wider field of applicability. Personal doubts about the validity of a theology that had used science in order to bolster its own claims were combined here with the strong influence of the Kantian critique of the limits of human reason.125Cuvier's characteristic mode of procedure was that of intellectual appropriation and a bold capacity for altering the relationships between different fields of knowledge, rather than, with the exception of taxonomy, the technique of expanding their subject matter. His claims to originality came, first, from this reappropriation and reorientation and, second, from the sheer scope of his work, which aimed at nothing less than the cataloging and classification of all animate objects.126 They rested also on his acute use of his assertion of a certain relationship with the past of his subject. Very often he would present this history in such a way as to obscure his own intellectual genealogy, and often too he would give differing accounts of the priority of use of an idea in order to distract attention from the questionable exactitude of his own claims to originality. Cuvier came to Paris at precisely the time when society and institutions were most profitably malleable for a newcomer; it was also a time when many scientific disciplines had reached a stage advanced in terms of their factual content, yet relatively inadequate in conceptual organization. They were ripe for takeover by large-scale organizing ideas such as the animal economy and the subordination of characteristics. Paleontology is a particularly good example of a specialty in this particular form of underdevelopment in 1795.Cuvier paid a high price for his initial success. His electic applications of large-scale organizing ideas tended to mean that little of his own work had complete coherence at all levels. Ideas, as we have seen, that proved capable of providing a complete reform of the larger groups of the animal kingdom were incapable of producing its detailed working-out in the taxonomy of smaller groups, which had to be supplied from observed analogical correlations. Further, his physiological approach to classification involved the breakdown of strict correspondence between organs and functions, which left the way open for workers such as Geoffroy St. Hilaire gradually to tilt the balance away from the study of the correlations of hierarchies of functions, and toward morphology as the basis of the order of nature. Cuvier's brilliant appropriations from physiology from the beginning, therefore, contained the seeds of conflict with Geoffroy.Cuvier's eclectic approach made it very nearly impossible for him to present a clear idea of the ways in which the life sciences could be said to be lawful. In spite of his efforts to assimilate them to the position of the physical sciences in this respect, he was forced in the end to accord only an ambiguous status as “laws” to observational correlations. From this area of failure came much of the attempt to give his own two laws — the correlation of parts and the subordination of characteristics — predictive qualities, particularly in relation to paleontological research.It is not surprising that Cuvier's title as the “legislator” of natural history should represent more a claim than a reality. How, then, was he able to emerge as the leading French naturalist of his day? First of all must be adduced the sheer scale of his undertakings. Then comes his expertise as a practical anatomist, and the range of different topics toward which he turned his interest. His collaborators cannot be given credit for his output nor, as we have seen, for slavish adherence to his ideas. Cuvier was able to successfully claim to have dominated the underdeveloped specialties, such as paleontology, and turned them into a major heuristic input into both geology and comparative anatomy; but in other fields, such as physiology, he appropriated concepts and encouraged research but made little impact on the field himself. His attempts in 1812 to head off, or neutralize and absorb the growth of morphological studies landed him in a dangerously rigid position, which despite his encouragement of the new physiological research under the Restoration made further elaboration of his own conceptual underpinnings almost impossible.Cuvier's authority in the scientific world would in any case have been great because of his substantive achievement in taxonomy, but the rest of his work had enough ambiguities and dislocations for it to need the support of his political and social power. Cuvier's detractors seized on a vital fragment of the truth when they accused him of finding the political dimension all-important: it obscured the disjunctions in his theories and at the same time gave him the authority to make new claims for the status of the observational sciences - and for their relations of power with their surrounding specialties. Cuvier's science both thrived on and was halted by the power games of intellectual appropriation, manipulation of the past to confirm the present, and continual claims for hegemony. (shrink)

In A Theory of Justice, Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of “corrective justice.” Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant.1 My aim in this article is to argue that implicit in Rawls’s writing is a powerful and persuasive (...) account of the normative significance of tort law and corrective justice. (shrink)

This article considers Derrida's reading of Walter Benjamin's ‘Critique of Violence’ in ‘Force of Law’ with particular reference to the claims Derrida makes in his controversial ‘Post-Scriptum’. The article focuses in particular on Derrida's claim – a claim situated within the context of a discourse on the ‘final solution’ – that the ‘Critique of Violence’ is too Heideggerian. This claim is explored in the article mainly through reading Heidegger's ‘Anaximander's Saying’ with the purpose of showing some affinities between his and (...) Benjamin's notions of justice and also with respect to the importance both thinkers bestow on the purity of the name. Particular attention is paid to the notion of ‘divine violence’ and its ‘complicity’ with the ‘worst’ also in relation to the questions of the witness and the animal in Benjamin and Heidegger. The article insists on the importance of the theme of the singular witness in the thinking of justice and divine violence and opens up possible avenues for exploring Derrida's relation to Benjamin. (shrink)

This article explores the peculiarities of the tort of misfeasance in a public office from the perspective of two popular, contemporary theories of tort law: the rights-based theory of Robert Stevens, and the corrective justice theory of Ernest Weinrib. It identifies four significant problems of fit for these theories: viz, the fact that this tort does not protect a clearly defined private law right; the fact that its touchstones of liability include concepts that are highly unusual in tort law (such (...) as malice, recklessness and bad faith); the fact that it confounds the private/public law dichotomy envisaged by both authors, and the fact that it is both animated by, and makes ready use of, public policy considerations. It is nonetheless argued that these apparent oddities are not unique to this tort (each featuring elsewhere in tort law) and that, therefore, misfeasance in a public office is by no means as anomalous as these theories would lead us to believe. Having established that it is not a theoretical anomaly, the article goes on to suggest that this tort also serves a discrete and vital role in holding public officers to account thus rendering implausible any suggestion that it has very little to commend it in practical terms, or that it ought to be abolished. (shrink)

This paper presents the first results of an ongoing semiotic research over TV series targeted to early childhood in Italy. In particular, it focuses on discussing and explaining the great success of the animated series Peppa Pig aired in Italy on the thematic channel Rai YoYo, by comparing it with other series available in the same channel, in the period of its first launch. Most of the programs taken into account refers to animals with the purpose of using them (...) as a mean to speak about manhood, in a simplified and appealing way. Nothing new. Fairy tales have always been filled with animals to mean vices and virtues of the humans. Aim of the paper is to reveal the complexity of such reference to animals in Peppa Pig’s stories. This goal will be achieved by comparing it to another series which references to pigs aired simultaneously in the same Italian network. Moreover, this paper will consider other animals embodying the bouquet of meaning proposals offered by Rai YoYo: a dog and some shapeless creatures known as Barbapapas. As a conclusion of such enquire a synthetic model which positions each of the series analyzed will be presented. (shrink)

The paper addresses the question of adaptation of existing regulatory frameworks in the face of innovation in biotechnologies, and specifically the roles played in this by various expert knowledge practices. We identify two overlapping ideal types of adaptation: first, the stretching and maintenance of a pre-existing legal framework, and second, a breaking of existing classifications and establishment of a novel regime. We approach this issue by focusing on varieties of regulatory knowledge which, contributing to and parting of political legitimacy, in (...) principle enable the making of legally binding decisions about risks and benefits of technologies. We base the discussion around two case studies, one of animal biotechnology ethical regulation, the other of ‘advanced therapy’ medicinal product regulation, both in the context of European Union frameworks. Specifically, we explore the knowledge configurations constituting expert committees and other institutional formations of expert regulatory knowledge in their political context. We show that where sectoral and moral boundaries are challenged, different modes of regulatory knowledge beyond scientific forms – legal, procedural, moral, economic and industrial – can shape regulatory innovations either by maintenance of regimes through commensuration and stretching, or through differentiation and separation creating new frameworks. We conclude that establishing an essential techno-scientific difference between pre-existing and novel technologies does not in itself require new regulatory structures, and that the regulatory strategy that is followed will be determined by a combination of different forms of knowledge. (shrink)