In February 1993, Judge Charles R. Richey of the United States District Court issued a summary judgment in the case of Animal Legal Defense Fund, et al. v. The Secretary of Agriculture, et al. The decision, which was in favor of the Animal Legal Defense Fund, requires the U.S. Department of Agriculture to withdraw its current regulations governing exercise for dogs and the psychological well-being of nonhuman primates used for biomedical research and (...) to issue new regulations containing only minimum, measurable standards. Both plaintiffs and defendants contended that they were seeking the best interests of the laboratory animals. The issue at stake is whether animals are better protected if the government establishes limited minimal standards or is allowed to require institutions to provide additional standards, which will be judged on the basis of their effectiveness in maintaining healthy animals. The Court avoided this dispute, however, by placing primary emphasis on applying the Administrative Procedures Act and stating that it was merely interpreting the "plain meaning" of the Animal Welfare Act, as amended. In this article, arguments are presented for interpreting the law in a far more flexible way than Judge Richey did. The conclusion is also reached that there were no winners in the Animal Legal Defense Fund case and that the real losers are the laboratory animals. (shrink)

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural agreements in the diverse bodies (...) of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition. (shrink)

On June 11, 1963, in a dramatic gesture that caught the nation's attention, Governor George Wallace physically blocked the entrance to Foster Auditorium on the University of Alabama's campus. His intent was to defy Attorney General Nicholas Katzenbach, sent on behalf of the Kennedy administration to force Alabama to accept court-ordered desegregation. After a tense confrontation, President Kennedy federalized the Alabama National Guard and Wallace backed down, allowing Vivian Malone and James Hood to become the first African Americans to enroll (...) successfully at their state's flagship university. That night, John F. Kennedy went on television to declare civil rights a "moral issue" and to commit his administration to this cause. That same night, Medgar Evers was shot dead. In The Schoolhouse Door, E. Culpepper Clark provides a riveting account of the events that led to Wallace's historic stand, tracing a tangle of intrigue and resistance that stretched from the 1940s, when the university rejected black applicants outright, to the post-Brown v. Board of Education era. We are there in July 1955 when Thurgood Marshall and lawyers at the NAACP Legal Defense Fund win for Autherine Lucy and "all similarly situated" the right to enroll at the university. We are in the car with Lucy in February 1956 as university officials escort her to class, shielding her from a mob jeering "Lynch the nigger," "Keep 'Bama white," and "hit the nigger whore." Clark exposes the many means, including threats and intimidation, used by university and state officials to discourage black applicants following the Lucy episode. And he explains how University of Alabama president Frank Anthony Rose eventually cooperated with the Kennedy administration to ensure a smooth transition toward desegregation. We also witness Robert Kennedy's remarkable face-to-face plea for Wallace's cooperation and the governor's adamant refusal: "I will never submit voluntarily to any integration in a school system in Alabama." As Clark writes, Wallace's carefully orchestrated surrender would leave the forces of white supremacy free to fight another day. And the Kennedys' public embrace of the civil rights movement would set in motion a political transformation that changed the presidential base of the Democratic party for the next thirty years. In these pages, full of courageous black applicants, fist-shaking demonstrators, and powerful politicians, Clark captures the dramatic confrontations that transformed the University of Alabama into a proving ground for the civil rights movement and gave the nation unforgettable symbols for its struggle to achieve racial justice. (shrink)

Conspiracy has probably become one of the key notions—or fantasies—of our times. Conspiracy, in the modern acceptation of the word, as in "conspiracy theory," has not only filled the mediasphere in which we live and breathe but it has also overshadowed—maybe we should say repressed—its ancient meaning. Surprisingly, this forgotten sense was revived on a poster lithographed by Andy Warhol in 1969 for a group exhibition in a Chicago gallery. The poster was meant to benefit the legal defense (...) fund for the Chicago Seven (who were charged by the federal government with conspiracy for organizing anti-Vietnam War protests). Warhol used the image of an electric chair (as he did in a series of paintings titled Little... Read More. (shrink)

In this paper, the future of bullfighting in France not long to break the moral value and aesthetic experience in disputes arising from conduct analysis to facilitate thinking about aesthetic experience and the relationship between animal existence. This paper is seeking to explore, and not in the evaluation of an article or opinion on a work conflict, but conflict involved to judge the value of multiple values. Guardian of moral values ​​and oppose bullfighting events, the main slogan is to (...) respect life, refused pain; and aesthetic value of the defenders, usually held in the name of safeguarding cultural heritage and maintain the aesthetic quality of performance. Evaluation criteria of the dispute and defend the value caused by the conflict is not the same evaluation criteria dispute is business volume, but as long as both parties agree, you can also stop the dispute; but to defend the value caused by the conflict is poured out not In order, because the two sides都that the other side The defense held the right of speech is not. This will work for contemporary art in the use of animals in vivo action conducted research to explore the contemporary art of the new research topics implied by the reach of the arts domain and the domain of U.S. academic issues. Contemporary art in the works use living animals move, going beyond In order to both logic system recognized by the precinct, including the U.S. academic field naturalist館exhibition science precinct, ethics and moral of the bounded domain, the legal precinct, and so on. The definition of contemporary art across borders is an important factor in the definition. This paper will examine the Huang Yong Ping's "World Theatre" Case, this was originally a huge cultural center complete degree 1994's "beyond boundaries" arranged by one of the works on display, but In several animal protection requirements under the Joint Association was eventually canceled. Case in other article, is the author of contemporary art in the study of the U.S. boycott of the case made ​​by the observation results. These different Case studies - is currently on-going research work - at least lead to two problems: artists at work using live or dead animals, whether in what form cross In order moral bounded domain and / or the U.S. academic Domain? Also, from one precinct to another precinct of the transition, the leap of variables that? Description of the future, after all, this issue of intense controversy, is originated from the West, so that this issue regardless of whether the problem is the West competition, but more is not Chinese or Asian issues of concern? Based on various conflicts of evaluation , this study of the relationship between aesthetic experience and animality evidences the existence of value registers, above the very values ​​such as beauty or sensitiveness. Aesthetic register is used by the supporters of a work in the name of cultural traditions or artistic quality, while ethical register is used by its opponents in the name of respect for living beings or of refusal to inflict sufferings. Whereas value conflicts allow discussions that may end up with an agreement, value registers conflicts can generate but endless fights, since the arguments of one party are without any relevance for the other party. Out of various case studies, mostly in France and in the USA, two questions arise. First, what kinds of moral and / or aesthetic boundaries are transgressed by the use of animals "living or even dead" in artistic proposals? Second, how do these transgressions change according to different cultures? Do they raise more difficulties in western culture than in Chinese or Asian culture, since the latter provides the propositions which have been most violently attacked in the Western world? (shrink)

There has been an extraordinary resurgence of interest in the enigma of human consciousness among neuroscientists, psychologists, and professional philosophers. Much work is aimed at accommodating consciousness within the currently dominant physicalist world picture. This book is a comprehensive and sometimes impassioned attack to "biologize" consciousness by explaining its origin in evolutionary terms and identifying mental phenomena with brain processes; to "computerize" it by identifying mind with the supposed computational activity of the brain; and to empty or eliminate it by (...) denying the reality of qualia. Raymond Tallis's critique concludes with a long look at man--"the explicit animal"--that makes the irreducible mystery of human consciousness impossible to overlook or deny. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.1 (2001) 113 [Access article in PDF] Letters Rats, Mice, and Birds and the Animal Welfare Act Madam:In the September 2000 issue of the Kennedy Institute of Ethics Journal, I argued for the inclusion of laboratory rats, mice, and birds under provisions of the Animal Welfare Act (AWA). This act sets humane standards for animals used in biomedical experimentation, but these three (...) species are excluded despite the fact that they comprise 90 percent of all animals used. Recent actions have been taken on this issue that temporarily maintain the status quo of exclusion.On 25 September 2000, a legal suit brought by the Alternatives Research Development Fund was settled out of court when the U.S. Department of Agriculture agreed that the AWA enforcement regulations should be extended to rats, mice, and birds. This was a significant victory heralded by the animal protection movement and some sections of the scientific community. Federal Court Judge Ellen S. Huvelle dismissed motions by pro-animal research groups to block this agreement.But the tide soon turned. On 11 October, a last-minute amendment to the USDA appropriations bill submitted by the Senate Appropriations Committee chair Thad Cochran (R-Miss.) precluded the department from spending any funds in the coming fiscal year to effect this change. This amendment had been drafted by the National Association for Biomedical Research and passed to the University of Mississippi to be forwarded to Cochran. This now congressionally approved amendment postponed for a year any action to implement the legal agreement. USDA plans to initiate the formal rule-making process for rats, mice, and birds by 1 October 2001. F. Barbara Orlans Senior Research Fellow Kennedy Institute of Ethics Georgetown University Washington, DC... (shrink)

This article describes the emerging bipartisan political coalition supporting commercial competitiveness as a rationale for research and development, points to selected changes in legal and funding structures in the 1980s that stem from the success of the new political coalition and suggests some of the connections between these changes and academic science and technology, and examines the consequences of these changes for universities. The study uses longitudinal secondary data on changes in business strategies and corporate structures that made business (...) elites in the defense and health industries consider supporting competitiveness R&D policies. The article identifies and assesses an array of national R&D legislation concerned with competitiveness that was passed in the 1980s and 1990s and that has implications for academic R&D. The effects of competitiveness R&D policies on universities and academic science and technology are appraised by analyzing changes in time-series data on science and technology indicators compiled by the National Science Foundation. (shrink)

Beginning by reading a 1992 feminist appropriation of Michelangelo's Creation of Adam – in a cartoon in which the finger of a nude Adamic woman touches a computer keyboard, while the god-like VDT screen shows a disembodied fetus – ‘Virtual Speculum’ argues for a broader conception of ‘new reproductive technologies’ in order to foreground justice and freedom projects for differently situated women in the New World Order. Broadly conceptualized reproductive practices must be central to social theory in general, and to (...) technoscience studies in particular. Tying together the politics of self help and women's health movements in the United States in the 1970s with positions on reproductive freedom articulated within the Legal Defense and Educational Fund of the NAACP in the 1990s, the paper examines recent work in feminist science studies in several disciplinary and activist locations. Statistical analysis and ethnography emerge as critical feminist technologies for producing convincing representations of the reproduction of inequality. Untangling the semiotic and political–economic dialectics of invisibility and hypervisibility, ‘Virtual Speculum’ concludes by linking the well-surveyed amniotic fluid of on-screen fetuses and the off-frame diarrhea of uncounted and underfed infants in regimes of flexible accumulation and structural adjustment. (shrink)

Thurgood Marshall (1908?1993) profoundly shaped the direction and success of the American civil rights struggle. Joining the staff of the National Association for the Advancement of Colored People (NAACP) in 1936, he headed its Legal Defense and Educational Fund from 1939 until 1961, subsequently becoming a federal appeals court judge, Solicitor General, and Justice of the US Supreme Court. Marshall was more an egalitarian integrationist than a pluralist and deployed the law in pursuit of this moral objective. (...) Although tolerant of the Communist Party in the 1930s and 1940s, he supported anti?communism in the 1950s as a means of gaining significant support for black civil rights from the federal government. On the Supreme Court, Marshall sought to extend equality not only to African Americans but also to women, gays and the poor. Flexible and pragmatic, Marshall viewed the law as a means to an end, and the relevant end, or ideal, for him was liberal equality. (shrink)

The question of the nature and extent of our moral obligations to non-human animals has featured prominently in recent moral debate. This book defends the novel position that a contradictarian moral theory can be used to justify the claim that animals possess a substantial and wide-ranging set of moral rights. Critiquing the rival accounts of Peter Singer and Tom Regan, this study shows how an influential form of the social contract idea can be extended to make sense of the concept (...) of animal rights. (shrink)

In ‘Moral case for legal age change’, I argue that sometimes people should be allowed to change their age. I refute six immediate objections against the view that age change is permissible. I argue that the objections cannot show that legal age change should always be prohibited. In this paper, I consider some further objections against legal age change raised by Iain Brassington, Toni Saad and William Simkulet. I argue that the objections fail to show that age (...) change should never be allowed. (shrink)

Journal of Political Philosophy, EarlyView.

This paper offers an articulation and defence of the modal account of legal risk in light of a range of objections that have been proposed against this view in the recent literature. It is argued that these objections all trade on a failure to distinguish between the modal nature of risk more generally, and the application of this modal account to particular decision-making contexts, such as legal contexts, where one must rely on a restricted body of information. It (...) is argued that once the modal account of legal risk is properly understood as involving information-relative judgements about the modal closeness of the target risk event, the objections to the view are neutralized. (shrink)

There is interest in more and better interaction between civil society and actors developing nanotechnologies, nano-materials and nano-enabled products: government agencies but also branch organizations in the chemical sector position civil society organizations (CSOs) as ‘voices of civil society’, and invite CSOs to participate in multistakeholder events. In such events, CSOs are expected to articulate societal needs, issues and values so that these can be taken up by actors with institutional roles and mandates to develop and embed newly emerging nanosciences (...) and nanotechnologies (NEST). This article argues that such a division of moral labor between CSOs and nanotechnology actors is not productive to address NEST and its emerging societal issues. There is an assumption that societal issues are ‘out there’ and can be recognized by CSOs, while in fact, societal issues might co-evolve with new development trajectories and thus have to be discovered and articulated. More productive deliberation requires, ideally, overcoming the traditional division of moral labor between these two groups of actors: technology developers should also inquire into and articulate emerging societal issues, and CSOs should inquire into and reflect on actual development trajectories. In order to explore issues and repercussions that arise in such a repositioning, this article will discuss a bottom up experiment of such an interaction between a nanotechnology developer (DuPont) and a CSO (Environmental Defense Fund). Based on the empirical analysis of this bottom up experiment, tentative requirements will be developed for how joint inquiries between technology developers and CSOs can be realized on a larger scale in our society. (shrink)

Increasing numbers of women in Turkey are murdered by their relatives, spouses or significant others. The perpetrators plead provocation for their crimes, claiming their actions are provoked by women’s initial acts which they deem to violate societal norms. Pleading provocation enables more lenient sentences. This article investigates the interplay of the legal rules and societal norms on ‘proper’ female behaviour in femicide, based on data drawn from the Journal of Legal Proceedings, which publishes select rulings of the Court (...) of Cassation – the Highest Court in the Turkish legal system – from 2004 to 2018. This article argues that there is a collision between cultural, societal norms and legal rulings in criminal law, and displays linkages between legal processes and social norms which perpetuate patriarchal structures. Accordingly, the article proposes that legal rulings on femicide reflect societal norms and traditional expectations on women’s roles in Turkish society through employing provocation defence. Consequently, law becomes complicit in femicide through provocation, and provocation could be seen as the legal system’s concession to patriarchy. (shrink)

When it comes to humans, ‘homosexuality’ refers to a variety of characteristics, ranging from sexual behaviours, desires, preferences, and orientations, to sexual identities. The question driving this paper is whether, and to what extent, it is justified to also ascribe such characteristics to nonhuman animals. Scientific opinions are divided on this issue, ranging from militantly positive to cautiously positive to markedly negative, with many in between suggesting we should at least change the vocabulary.

When it comes to humans, ‘homosexuality’ refers to a variety of characteristics, ranging from sexual behaviours, desires, preferences, and orientations, to sexual identities. The question driving this paper is whether, and to what extent, it is justified to also ascribe such characteristics to nonhuman animals. Scientific opinions are divided on this issue, ranging from militantly positive to cautiously positive to markedly negative, with many in between suggesting we should at least change the vocabulary.

This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of (...) critique is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. (shrink)

Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.

This article brings animal protection theory to bear on Temple Grandin’s work, in her capacity both as a designer of slaughter facilities and as an advocate for omnivorism. Animal protection is a better term for what is often termed animal rights, given that many of the theories grouped under the animal rights label do not extend the concept of rights to animals. I outline the nature of Grandin’s system of humane slaughter as it pertains to cattle. (...) I then outline four arguments Grandin has made defending meat-eating. On a protection-based approach, I argue, Grandin’s system of slaughter is superior to its traditional counterpart. Grandin’s success as a designer of humane slaughterhouses however is not matched by any corresponding success in offering a moral defence of meat-eating. Despite, or perhaps because of, the popularity of her work, Grandin’s arguments for continuing to eat animals are noteworthy only in how disappointing and rudimentary they are. If we can thank Grandin for making a difference in the lives of millions of farm animals, her work can also be criticized for not engaging the moral status of animals with the depth and rigor that it deserves. (shrink)

As the market and civil society sectors reflect different core logics, non-governmental organisations (NGOs) that partner with companies need strategies to cope with these differences. This paper seeks to provide insight into the coping strategies of environmental NGOs that partner with corporations. We present an assessment framework to analyse the strategies of the Environmental Defense Fund and the World Wildlife Fund for Nature Netherlands as case studies. The analysis demonstrates that the strategic options for a partnering NGO (...) are guided and constrained by the choices the NGO makes with regard to its action strategy towards companies. Although individual NGOs manage to cope adequately with the challenges that the partnership trend poses to their organisations, we argue that the partnering trend also creates challenges for the NGO field as a whole. (shrink)

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

_Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for (...) capital punishment and presumes the appropriateness of execution in limited cases. At the same time, the book contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. The heart of _Against Capital Punishment_ is a philosophical defense of the well-known irrevocability argument, which analyzes the argument’s premises, establishes their validity, and vindicates them against objections. The central claim is that execution violates the principle of remedy, which requires legal institutions to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The death penalty is repellent to the principle of remedy by dint of its irrevocability. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the obligatory remedial measures, execution is impermissible. _Against Capital Punishment_ also reveals itself to be free from two serious defects plaguing other versions of proceduralism: the retributivist challenge and the problem of controversial consequences. (shrink)

This paper offers a diachronic reconstruction of MacCormick's theory of law and legal argumentation: In particular, two related points will be highlighted in which the difference between the perspective upheld in Legal Reasoning and Legal Theory and the later writings is particularly marked. The first point concerns MacCormick's gradual break with legal positivism, and more specifically the thesis that the implicit pretension to justice of law proves legal positivism false in all its different versions. The (...) second point concerns MacCormick's acceptance of the one-right-answer thesis and the consequent thinning of the differences between MacCormick's theory of legal reasoning and that of Ronald Dworkin and of Robert Alexy. The intent, however, is not only to describe this change in MacCormick's thought, but also to attempt a defence of the original view that we find in Legal Reasoning and Legal Theory. (shrink)

Post-9/11, concern about bioterrorism has transformed public health from unappreciated to a central component of national security. Within the War on Terror, bioterrorism preparedness has taken a back seat only to direct military action in terms of funding. Domestically, homelessness, joblessness, crime, education, and race relations are just a few of a litany of pressing issues requiring government attention. Even within the biomedical sciences and healthcare, issues surrounding the fact that more than 40 million Americans lack health insurance, the rising (...) cost of prescription medications, and the use of government funds for research using embryonic stem cells remain unresolved. Should we prioritize a hypothetical threat (bioterrorism), or existing conditions that have implications for identifiable individuals? Even more fundamentally, should we prioritize research aimed at defense from bioterrorism (or even terrorism in general) when there are so many pressing social problems that affect the U.S. population? (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)

Whether refusal is an act of civil disobedience meant to challenge the state politically as a form of protest, or an action which reflects a deep moral objection to the policies of the state, selective conscientious objection presents the state and its citizens with a number of difficult legal and moral challenges. Appeals to authority outside of the state, whether religious or secular, influence both citizenship and the behavior of the government itself. As Israel raises funds to defend IDF (...) officers from charges of human rights violations in the United Kingdom, it may find itself in need of a better defense against those citizens hesitant to be placed in harm's way, militarily and legally. At some point in the future it may find itself unable to field soldiers for whom service in the Occupied Territories is prohibited by inviolable secular or religious law. And for those who will continue to argue that they cannot abide service in an army of occupation, an expression sounded in 1968 by Yeshayahu Leibowitz, the moral crisis of an individual conscience rent between obligations to the state and obligations to self, will linger along with the pain of a conscience nurtured and then rejected by this democratic society. (shrink)

In this paper I bring together self-defense theory and animal rights theory. The extension of self-defense theory to animals poses a serious problem for proponents of animal rights. If, in line with orthodox self-defense theory, a person is a legitimate target for third-party self-defensive violence if they are responsible for a morally unjustified harm without an acceptable excuse; and if, in line with animal rights theory, people that consume animal products are responsible for (...) unjustified harm to animals, then many millions, if not billions, of otherwise law abiding and decent people will be legitimate targets for third-party self-defense violence on behalf of animals. I call this problem: the multiple inappropriate targets problem for animal rights. (shrink)

Whether refusal is an act of civil disobedience meant to challenge the state politically as a form of protest, or an action which reflects a deep moral objection to the policies of the state, selective conscientious objection presents the state and its citizens with a number of difficult legal and moral challenges. Appeals to authority outside of the state, whether religious or secular, influence both citizenship and the behavior of the government itself. As Israel raises funds to defend IDF (...) officers from charges of human rights violations in the United Kingdom, it may find itself in need of a better defense against those citizens hesitant to be placed in harm's way, militarily and legally. At some point in the future it may find itself unable to field soldiers for whom service in the Occupied Territories is prohibited by inviolable secular or religious law. And for those who will continue to argue that they cannot abide service in an army of occupation, an expression sounded in 1968 by Yeshayahu Leibowitz, the moral crisis of an individual conscience rent between obligations to the state and obligations to self, will linger along with the pain of a conscience nurtured and then rejected by this democratic society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface This issue of Feminist Studies explores the ways institutions—legal, governmental, medical, educational, and household—participate in the gendering of bodies and are themselves gendered. At any given historical moment, dominant and resistant meanings of “women,” “gender,” and “sexuality” are socially and politically constituted in institutions through cultural struggles. The authors in this issue discuss how birth control, assisted reproduction, transsexual transition, hegemonic masculinity, abortion, and domestic violence are (...) each articulated and contested in imperial law and economic discourses (Sreenivas), in medical procedures (Whitehead et al. and DasGupta), in university research regulations (Barnes and Munsch), and in the official practices of presidents (Mattingly ). Our authors elucidate how such institutions are gendered, not just in terms of staffing by males, females, and nongender conforming people, but also in the ways they constitute gender relations in their everyday operations. The articles point to the continuing need for institutional histories and ethnographies that are feminist in conception and design. They also provide openings into more progressive gender and sexuality politics by underscoring the contradictions within all institutions. Mytheli Sreenivas’s “Birth Control in the Shadow of Empire: The Trials of Annie Besant, 1877–1878” visits the contradictory history of institutions of reproduction control. She traces Besant’s contraception advocacy in the 1870s, reminding us of its intimate and unsavory entanglements with the politics of empire. Annie Besant is a complicated figure. South Asianists familiar with her later campaign against British colonialism in India might well be surprised by this earlier incarnation, but Sreenivas demonstrates how and why the early Besant held contradictory positions. As an individual, Besant questioned gender norms and challenged the inequality of women in marriage and divorce. She recognized sexual desire as “natural” (albeit only properly expressed via heterosexual marriage). Yet a signature feature of her political writing 504Preface was an embrace of neo-Malthusianism. Over the course of her activist life, Besant redirected her attention from poverty and women’s health in Britain to contraception as the solution to starvation and overpopulation in India. She did so in “a broader context in which a defense of empire and class-race hierarchy enjoyed far greater legitimacy than a critique of gender and sexual norms.” The repercussions of her actions were global: “Besant’s efforts rendered contraception into a sexual technology that claimed to address the economies of impoverishment in an emerging imperial world. Birth control thus emerged as both an imperial responsibility and as a demonstration of British humanitarianism in support of starving colonized populations.” Sreenivas explicates what the Besant trials reveal about the multiple histories of reproduction control and the conditions under which birth control continues to be both a technology for large-scale population control and “a vehicle for women’s reproductive freedom and gender justice.” Institutions are saturated with power, but they are also arenas where political struggles between different social groups are staged. This is especially evident in White House politics in the United States. In the late 1970s, President Jimmy Carter appointed a large number of women to bureaucratic offices. Many were feminists. Why did they fail to deliver gender justice? This is the puzzle Doreen J. Mattingly seeks to answer in “The Limited Power of Female Appointments: Abortion and Domestic Violence Policy in the Carter Administration.” The article is set in the broader context of a moment in history when the US feminist movement was moving from the streets to state bureaucracies, when women of color had broadened the movement’s mandate, and when the need for government programs to support poor women was a clearly articulated feminist goal. There was an excitement about transforming gender relations as feminists populated multiple organizations and came together to collaborate. However, two important legislative efforts—government funding for abortions for poor women and a national anti-domestic violence bill—failed. Mattingly traces the back and forth between Carter and his Assistant Secretary for Public Liaison, Margaret “Midge” Costanza, drawing on new archival sources. Mattingly’s article underscores how women in public office can be discursively valorized as symbols of change even while politically powerful men oppose meaningful policy that would provide women greater autonomy over their reproductive or violently transgressed bodies. Mattingly’s careful reconstruction... (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Historians of political thought have begun to discover how contemporaries attempted to argue about armed conflict within the body politic without giving licence to anyone to escape order and subjection. During the sixteenth and seventeenth centuries, the concept of 'self-defence' became of overriding importance. English and Scottish interest in German affairs grew after the battle at the White Mountain in 1620. English and Scottish pamphleteers and writers subsequently began to recognize some of the argument concerning 'self-defence' that had been elaborated (...) in the Empire until this point. As the English 'ancient constitution' began to crumble under the mounting pressure of conflict between King and Parliament from 1642 onwards, the exhaustive philosophical and legal reasoning on the nature and basis of the body politic found within political texts emanating from Germany thus appeared increasingly attractive. However, as German ideas on self-defence were used, they underwent a significant transformation within their new English context. Because the sovereignty of the King in Parliament did not allow the integration of German ideas on self-defence based on the peculiar nature of sovereignty in the Empire, English thought gradually transformed the state of necessity in German thought into ideas of a state of nature. (shrink)

The defence of necessity has had a long, though confused, legal career. Like self-defence, consent, duress, insanity and mistake of law, necessity is rooted in moral intuitions about when conduct which causes harm to another's person or property is not wrong, or should be tolerated, permitted or praised. If a man is literally starving to death and steals a loaf of bread, we are reluctant to say that his extreme circumstances should make no difference at all to the way (...) we treat him at trial. And if two men, adrift at sea, are clinging to a log which can only support the weight of one, we are once again reluctant to say that if one pushes the other off the log, it is just a case of murder. These intuitions are deepseated; but it is extremely difficult to articulate the defence they seem to support, or to isolate the circumstances which mark the difference between a situation where the defence ought to apply and where it ought not. (shrink)

Diplomatic theory and practice -- International funding for animal protection -- International conferences and delegation management -- The media as a tool for diplomacy -- Important associations and international organizations -- Epilogue.

Bringing together new essays by philosophers and activists, _In Defense of Animals: The Second Wave_ highlights the new challenges facing the animal rights movement. Exciting new collection edited by controversial philosopher Peter Singer, who made animal rights into an international concern when he first published _In Defence of Animals_ and _Animal Liberation_ over thirty years ago Essays explore new ways of measuring animal suffering, reassess the question of personhood, and draw highlight tales of effective advocacy Lays (...) out “Ten Tips for Activists”, taking the reader beyond ethical theory and into the day-to-day campaigns for animal rights. (shrink)

Does an affirmation of theistic evolution make the task of theodicy impossible? In this article, I will review a number of ancient and contemporary responses to the problem of evil as it concerns animal suffering and suggest a possible way forward which employs the ancient Jewish insight that evil—as resistance to God's will that results in suffering and alienation from God's purposes—precedes the arrival of human beings and already has a firm foothold in the nonhuman animal world long (...) before humans are ever tempted to go astray. This theological intuition is conferred renewed relevance in light of the empirical reality of evolutionary gradualism and continuity and in view of the recent findings of cognitive ethology. Consequently, I suggest that taking biological evolution seriously entails understanding “moral evil” as a prehuman phenomenon that emerges gradually through the actions and intentions of “free creatures” which—as evolutionary history unfolded—increasingly possessed greater levels of freedom and degrees of moral culpability. (shrink)

Many if not most sperm donors in the early years of IVF donated under conditions of anonymity. There is, however, a growing awareness of the ethical cost of withholding identifying parental information from donor children. Today, anonymous donation is illegal in many jurisdictions, and some jurisdictions have gone as far as retrospectively invalidating contracts whereby donors were guaranteed anonymity. This article provides a critical evaluation of the ethics and legality of anonymous donation. We defend Australian and British legislation that has (...) outlawed donor anonymity, and we argue for the establishment of a central registry that provides donor children with the ability to easily and reliably access identifying information about their donor parents. (shrink)

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the (...) domain of jurisprudence. (shrink)

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of (...) legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law. (shrink)

Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into public (...) justification that all cannot share, access, or accept, and so contrasts with standard approaches to public justification. The intelligible reasons requirement has two striking implications. First, it severs the connection between public justification and principles of deliberative restraint. Second, it pushes political liberals to appeal to other political processes to publicly justify law, specifically bargaining, adjudication, and social evolution. (shrink)

Because the goal of reducing violence is nearly universally accepted, the uniquely prescriptive character of peace and conflict studies is rarely scrutinized. However, prescriptive pacifism in social psychological peace research (SPPR) masks a diversity of opinion on whether nonintervention is more effective in promoting peace than intervention to punish aggression, restore stability, and/or prevent atrocity. SPPR’s skepticism is sharper in the post–9/11 era when states use public fear of terrorist threat to promote sometimes-unrelated domestic and geostrategic interests. The most frequently (...) proposed remedy for this kind of abuse is some form of international legal positivism that permits the use of force only in self-defense, per strict interpretation of the United Nations Charter, or not at all—a position the author calls ‘prescriptive pacifism." This project critically examines the metaethical premises of prescriptive pacifism, positivism, and realism, how these animate the moral and political skepticism of peace studies, psychology, and international relations, respectively, and meet in SPPR. After comparing the intellectual development of these fields and just war theory, I present influential psychologist Albert Bandura’s social cognitive theory (SCT) of moral judgment and aggression as a case study. I present evidence of the problematic nature of Bandura and others’ formulation of moral engagement and disengagement, tracing their contradictions to the named premises. In brief, I argue that SCT’s underlying skepticism of individual moral judgment implies elite or consensus-driven models of social and political change whose institutional gradualism contradicts these authors’ and SPPR’s stated progressive aims, and whose utilitarian ethos undermines the egalitarian individualism that underpins both the liberal conception of the rule of law and the international human rights regime. Finally, I present an alternative model of moral reasoning and engagement based on a Kantian constructivist understanding of international ethics, and the theory of the just war. I outline two instruments inspired by these related normative frameworks that in addition to being more internally coherent, operationalize moral engagement and disengagement in a manner more consonant with political liberalism, existing international humanitarian law, and the emergent norm known as Responsibility to Protect. Intended for use in the collection and coding of qualitative responses to survey research of public opinion on morally ambiguous issues in international politics such as intervention and territorial integrity, these instruments avoid the tendency of existing SPPR frameworks toward false positives of militarism and pacifism. Their presentation also makes mutually comprehensible the often-confusing professional idioms of international relations, political theory, moral philosophy, and social psychology, standing to make a contribution to each. (shrink)

The existence of evil is compatible with the existence of God, most theists would claim, because evil either results from the activities of free agents, or it contributes in some way toward their moral development. According to the ‘free-will defence’, evil and suffering are necessary consequences of free-will. Proponents of the ‘soul-making argument’—a theodicy with a different emphasis—argue that a universe which is imperfect will nurture a whole range of virtues in a way impossible either in a perfect world, or (...) in a totally evil one. The pain of animals is widely thought to constitute a major difficulty for both of these accounts, for if we ask whether the only evils present in the world result directly from the free actions of created agents, or contribute in some way to ‘soul-making’ of such agents, we are bound to admit that, on the face of it, much animal pain does not. (shrink)