Download Animal Rights: Current Debates and New Directions by Cass R. Sunstein, Martha C. Nussbaum PDF

By Cass R. Sunstein, Martha C. Nussbaum

Millions of individuals stay with cats, canine, and different pets, which they deal with as individuals in their households. yet via their day-by-day habit, those who love these pets, and tremendously care approximately their welfare, aid be sure brief and painful lives for hundreds of thousands, even billions of animals that cannoteasily be unique from canines and cats. at the present time, the overpowering percent of animals with whom Westerners engage are raised for meals. numerous animals suffer lives of relentless distress and die usually torturous deaths. using animals through humans, usually for vital human reasons, has compelled uncomfortable inquiries to middle degree: may still humans swap their habit? should still the legislation advertise animal welfare? may still animals have felony rights? may still animals remain counted as "property"? Whatreforms make sense?...

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Additional info for Animal Rights: Current Debates and New Directions

Sample text

Yet these complex autonomies are the sort to which primatologist Frans de Waal refers when he claims apes, smart and cultured as he knows they are, can never have legal rights. 97 Judges decisively reject Kant’s notion of autonomy. Events on Leap Day  in the United States show how wrong de Waal and Kant are. A sixyear-old Michigan first-grader smuggled a handgun into school and shot a classmate to death. The county prosecutor issued this statement: “There is a presumption in law that a child .

But human newborns, fetuses, even ovums, sometimes have legal rights even though they lack all autonomy. This might be explained as resulting from legal fictions or sheer arbitrariness. But it might also have something to do with autonomy. They may not have it now, but it’s believed they have the potential. And if they have the potential, we should treat them as if they have it now. 109 Philosopher Joel Feinberg thinks allocating rights based on potential is simply a logical error. Potential autonomy gives rise to potential rights.

But they operate at higher levels of generality. 81 “Substantive judges” reject the past as manacle. 83 Courts should keep law current with public values, prevailing understandings of justice, morality, and new scientific discoveries. Principles and policies live and die, and when they die, they should be buried. Substantive judges want to know why judges once decided a certain way and whether these reasons still make sense. They don’t want issues just settled, but decided correctly, and they will change the law to get it right.

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