The Animal Question : Why Nonhuman Animals Deserve Human Rights


Book Description

How much do animals matter--morally? Can we keep considering them as second class beings, to be used merely for our benefit? Or, should we offer them some form of moral egalitarianism? Inserting itself into the passionate debate over animal rights, this fascinating, provocative work by renowned scholar Paola Cavalieri advances a radical proposal: that we extend basic human rights to the nonhuman animals we currently treat as "things." Cavalieri first goes back in time, tracing the roots of the debate from the 1970s, then explores not only the ethical but also the scientific viewpoints, examining the debate's precedents in mainstream Western philosophy. She considers the main proposals of reform that recently have been advanced within the framework of today's prevailing ethical perspectives. Are these proposals satisfying? Cavalieri says no, claiming that it is necessary to go beyond the traditional opposition between utilitarianism and Kantianism and focus on the question of fundamental moral protection. In the case of human beings, such protection is granted within the widely shared moral doctrine of universal human rights' theory. Cavalieri argues that if we examine closely this theory, we will discover that its very logic extends to nonhuman animals as beings who are owed basic moral and legal rights and that, as a result, human rights are not human after all.




Rattling The Cage


Book Description

Rattling the Cage explains how the failure to recognize the basic legal rights of chimpanzees and bonobos in light of modern scientific findings creates a glaring contradiction in our law. In this witty, moving, persuasive, and impeccably researched argument, Wise demonstrates that the cognitive, emotional, and social capacities of these apes entitle them to freedom from imprisonment and abuse.




Chimpanzee Rights


Book Description

Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.




Experimental Animals


Book Description

Fiction. Stemming from a through-line of marital discord in the household of the great French vivisector, Claude Bernard, Thalia Field has discovered a number of voices, some famous, some forgotten, and allowed them all a moment in which to be heard again. This compelling tale is made up largely of excerpts and quotations, pieced together with great artistry. A beautiful and thought-provoking collage of a tale of rescued history and a sobering tribute to some of its victims. --Karen Joy Fowler Advancing what she started twenty years ago with her earliest explorations of essayistic fiction, Thalia Field has now composed what very well might be her life's work--a tragic, comical, and utterly fascinating tale of a marriage that vividly encapsulates not only the origins of experimental medicine, but an entire age that spirited experiments in literature, science, engineering, film, etc. It's nothing less than a history--gorgeously fictional, purposefully essayistic--of how we got where we are. --John D'Agata




The Case for Animal Rights


Book Description

THE argument for animal rights, a classic since its appearance in 1983, from the moral philosophical point of view. With a new preface.




The Human Rights of Non-citizens


Book Description

Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labour, forced labour, inhuman treatment, invasions of privacy, refoulement, slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labour rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights. There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face. In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since 11 September 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.




The Moral Rights of Animals


Book Description

Edited by Mylan Engel Jr. and Gary Lynn Comstock, this book employs different ethical lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, utilitarianism, and the capabilities approach, to explore the philosophical basis for the strong animal rights view, which holds that animals have moral rights equal in strength to the rights of humans, while also addressing what are undoubtedly the most serious challenges to the strong animal rights stance, including the challenges posed by rights nihilism, the “kind” argument against animal rights, the problem of predation, and the comparative value of lives. In addition, contributors explore the practical import of animal rights both from a social policy standpoint and from the standpoint of personal ethical decisions concerning what to eat and whether to hunt animals. Unlike other volumes on animal rights, which focus primarily on the legal rights of animals, and unlike other anthologies on animal ethics, which tend to cover a wide variety of topics but only devote a few articles to each topic, this volume focuses exclusively on the question of whether animals have moral rights and the practical import of such rights. The Moral Rights of Animals will be an indispensable resource for scholars, teachers, and students in the fields of animal ethics, applied ethics, ethical theory, and human-animal studies, as well as animal rights advocates and policy makers interested in improving the treatment of animals.




Human Rights Obligations of Non-State Armed Groups


Book Description

This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.




Not Enough


Book Description

“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books







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