scholarly journals Unravelling incoherence: utilizing property theory to challenge the classification of animals as chattels

2021 ◽  
Vol 46 (2) ◽  
pp. 81-119
Keyword(s):  
Animal Rights ◽  
Private Property ◽  
Legal Theory ◽  
Animal Protection ◽  
Rights Protection ◽  
Comprehensive Examination ◽  
Bundle Of Rights ◽  
The Right ◽  
Legal Mechanism

In law, domesticated animals are chattels, the object of property rights. This classification does not reflect the characteristics and capacities of nonhuman animals that make them unlike other objects of property. The categorization also fails to reflect widely held beliefs that animals deserve some moral consideration. In recognition of these difficulties, a literature has developed to advance the case for animal rights and alternative frameworks for animal protection. Yet the literature has neglected one logically antecedent issue: the normative suitability of property status itself. The property paradigm provides a straightforward legal mechanism for the exercise of control over others, as seen in its historical influence over the treatment of children and married women; yet in the animal context, its suitability has remained unscrutinized. This article does not rely on moral objections to the classification of animals as property. It focuses instead on reasons of legal theory that challenge this hegemony. Consideration of animal welfare legislation provides a preliminary indication that animals’ property status is unsuitable. Regardless of whether property is conceived as the right to exclude or a ‘bundle’ of rights, protection of the interests of objects is inconsistent with other frameworks that regulate proprietary relations. Moreover, a comprehensive examination of traditional justifications for the private property institution reveals that animal property does not serve the purposes for which the institution was established. These analyses expose the normative incoherence of the classification of animals as chattels.

scholarly journals Biopolitics: Animals, meat, food

2009 ◽  
Vol 20 (2) ◽  
pp. 41-58
Author(s):  
Nikola Janovic
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
General Idea ◽  
Food Politics ◽  
Animal Food ◽  
Animal Protection ◽  
The People ◽  
The Right ◽  
Opening Up

The general idea of this text is to reflect biopolitical constitution of the society and its implications related to the issues of animal welfare. Since animal in biopolitical formation is technically reduced to an object - commodity for contentment of the industry and of the people needs - critical public advisories are calling from moral, ethical and legal standpoint for attention to the fact that is necessary to protect animals from the unnecessary exploitation. It is obvious that animal protection is evoking animal rights question. But in the last instance protection of animal rights is related to the nutritional dilemma of animal food use. Question is arising: does animal rights in particular also envisage change in food politics (abandonment of meat food use), what is for instance the extreme veg(etari)an option taking for granted? This challenge sent to the culture of all-food eaters is opening up new questions and dilemmas. First of all, there is a question linked to the right of men to choose his own nutritional option, and of course dilemma which is related to scruples about meat-eaters and their (non)ability to love animals.

THE ADMISSIBILITY CRITERION UNDER ARTICLE 35(3)(b) ECHR: A ‘SIGNIFICANT DISADVANTAGE’ TO HUMAN RIGHTS PROTECTION?

2016 ◽  
Vol 65 (1) ◽  
pp. 185-211 ◽  
Author(s):  
Nikos Vogiatzis
Keyword(s):  
Human Rights ◽  
Direct Access ◽  
Access To Justice ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Subsidiarity Principle ◽  
The Right ◽  
And Function ◽  
Role And Function

AbstractThe purpose of this contribution is to provide a critical overview of issues of principle related to the ‘significant disadvantage’ admissibility criterion under 35(3)(b) ECHR, in light of the ongoing debate on the Court's reform. It argues that the admissibility criterion: undermines direct access to justice at the international level; affects the right of individual petition to the Strasbourg Court; constitutes a misunderstanding of the subsidiarity principle within the Convention machinery; urges the Court to consider the merits during the admissibility stage in a sensitive area of adjudication such as human rights; and entails the risk of an indirect classification of rights on the basis of the financial damage suffered by the applicant. The article links these points with the discussion on the Court's reform and considers alternative proposals to reduce its workload. It concludes by underlining that the ‘significant disadvantage’ criterion could be a suitable opportunity to address questions related to the Court's legitimacy, including the ECtHR's precise role and function within the Convention.

scholarly journals The role of social media in shaping the animal protection movement in indonesia

2019 ◽  
Vol 3 (3) ◽  
pp. 389
Author(s):  
Angga Prawadika Aji
Keyword(s):  
Social Media ◽  
New Media ◽  
Social Movement ◽  
Collective Identity ◽  
Animal Rights ◽  
New Members ◽  
Animal Protection ◽  
Rights Protection ◽  
The Social

In the past decade, the number of community-based animal protection movements has shown a significant increase in Indonesia. These groups are actively fighting for animal rights, protection, and conservation while continuing to expand the influence and attract new members through various channels, especially social media. This article seeks to see the contribution of the social media strategy used by animal rights groups to the three basic elements of a social movement: collective identity, actual mobilisation, and network organisation. How social media, especially Face book and Instagram, are used by animal rights groups to achieve their ultimate goal as a social movement. This analysis also seeks to map the character of the movement for animal protection in Indonesia in the realm of new media based on their ideology, strategies, and objectives they want to achieve.

scholarly journals Classification of family forms of management in the agrarian sector of the economy of Ukraine

2019 ◽  
pp. 76-83
Author(s):  
Maksym Kropyvko
Keyword(s):  
Agricultural Sector ◽  
Private Property ◽  
Family Members ◽  
Family Farms ◽  
Economic Relations ◽  
Human Needs ◽  
Comparison Results ◽  
The Family ◽  
The Right

Introduction. Family-owned businesses operating in the agricultural sector are an integral part of agricultural production at all stages of its formation and development in almost every country in the world. Ukraine is no exception. Thus, the family forms of management during the years of collectivization and functioning of the collective farm system were presented by personal subsidiary households. The development of these forms of management is devoted to the study of many leading domestic agricultural scientists. However, there are still issues that are not well understood, many of which are debatable. In particular, further studies of the essential characteristics of family forms of business in terms of the development of small forms of commodity production, the correlation of business and entrepreneurship, the identification of concepts and the definition of criteria for typing of subjects of agricultural economic structure, the assessment of economic potential for ownership and size, formation of land and property-economic relations, etc. deserve attention in the theoretical and methodological aspects. Methods. The methodological and theoretical basis of the article is the legislation of foreign countries, the work of domestic and foreign scientists, as well as the results of their own research. The article uses the dialectical method of cognition and systematic approach, as well as the techniques of abstract and logical method, namely: analysis and synthesis, induction and deduction, analogy and comparison. Results. On the basis of the systematization of the provisions of the theory of social psychology and management, using a sectoral approach to isolate certain components from a holistic system, the relationship of the activities of family forms of economy with human needs is considered, the cause and effect nature of meeting human needs and the role of family forms of economy in meeting the needs of households. Discussion. Classification of peasant forms of management should be made depending on the levels of marketability, land use purpose and ownership. According to these approaches, family forms of business are divided into commodity, small commodity and non-commodity farms, and depending on the purpose and ownership, land plots of family farms should be classified as: estates, which are jointly owned by all family members; for running a family farm or in the form of a private individual entrepreneur belonging to one family member; for the conduct of private peasant farms belonging to individual family members on private property; for gardening and individual cottages belonging to one of the family members for the right of use; for the cultivation of horticulture and mowing, which are temporarily allocated for the right of use from the lands of communal property; for grazing livestock used as a public pasture owned by a rural community; leased or transferred to the household for free use of other land for agricultural purposes. Keywords: economic forms, marketability, purpose, ownership, human needs, family farms, personal, peasant farms, subsistence farming.

scholarly journals Criteria of Extremist Speech Acts: Forensic Linguistic Diagnostic Complexes

2021 ◽  
Vol 30 (2) ◽  
pp. 3394-3408
Author(s):  
Nikishin Vladimir Dmitrievich
Keyword(s):  
Law Enforcement ◽  
Speech Acts ◽  
Practice Research ◽  
Law Enforcement Agencies ◽  
Component Structure ◽  
Rights Protection ◽  
Forensic Practice ◽  
The One ◽  
The Right

The article examines the challenges in detecting features of verbal extremism by analysing forensic practice, research papers on forensic linguistics and anti-extremist law, manuals developed by Russian law enforcement agencies and scientific and educational organizations. The article suggests a new approach to the methodological support of forensic linguistic examination of extremist discourse. This approach is based on the concept of a three-component structure of ‘extremist’ utterances. The author justifies the proposed classification of extremist speech acts and describes forensic diagnostic complexes corresponding to these speech acts. These complexes can serve as the reference samples for both linguistic experts (who conduct forensic examination) and the law enforcement officers (who conduct forensic diagnostics). The use of standardized forensic diagnostic complexes of extremist speech acts which serve as a tool for classification of illegal verbal behaviour allows to maintain the balance between the right to freedom of speech and pluralism of opinions, on the one hand, and protection against abuse of these rights (protection of media security), on the other hand.

Awareness and Decision Making in Professional Ethics

2000 ◽  
Vol 5 (1) ◽  
pp. 19-27 ◽  
Author(s):  
Ronny Swain
Keyword(s):  
Decision Making ◽  
Professional Ethics ◽  
Ethical Decision Making ◽  
Code Of Ethics ◽  
Professional Autonomy ◽  
Ethical Awareness ◽  
Ethical Decisions ◽  
The Right ◽  
Aid Decision

The paper describes the development of the 1998 revision of the Psychological Society of Ireland's Code of Professional Ethics. The Code incorporates the European Meta-Code of Ethics and an ethical decision-making procedure borrowed from the Canadian Psychological Association. An example using the procedure is presented. To aid decision making, a classification of different kinds of stakeholder (i.e., interested party) affected by ethical decisions is offered. The author contends (1) that psychologists should assert the right, which is an important aspect of professional autonomy, to make discretionary judgments, (2) that to be justified in doing so they need to educate themselves in sound and deliberative judgment, and (3) that the process is facilitated by a code such as the Irish one, which emphasizes ethical awareness and decision making. The need for awareness and judgment is underlined by the variability in the ethical codes of different organizations and different European states: in such a context, codes should be used as broad yardsticks, rather than precise templates.

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto
Keyword(s):  
Health Care ◽  
Patient Safety ◽  
Codes Of Conduct ◽  
Rights Protection ◽  
Patient’S Rights ◽  
Nurses Role ◽  
The Republic ◽  
The Right ◽  
Service Standards

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

De zaak van Rechter Grootaert en de strijd om het Nederlands in Belgisch-Congo. Een symbooldossier uit de jaren vijftig

2008 ◽  
Vol 67 (1) ◽  
pp. 7-46
Author(s):  
Bert Govaerts
Keyword(s):  
Private Property ◽  
Local Level ◽  
Free State ◽  
Court Cases ◽  
In De Praktijk ◽  
French Speaking ◽  
Congo Free State ◽  
The Right ◽  
Belgian Congo

In 1908 verwierf België de souvereiniteit over de voormalige Congo Vrijstaat, die particulier bezit van koning Leopold II was geweest. De nieuwe kolonie kreeg een soort grondwet, het Koloniale Charter. Artikel 3 daarvan bepaalde dat er in Belgisch-Congo taalvrijheid heerste, maar ook dat de Belgen er dezelfde taalrechten en -bescherming zouden genieten als in het moederland. Uiterlijk tegen 1913 moesten speciale decreten de taalregeling in rechtszaken en in de administratie vastleggen. Die afspraak werd niet gehonoreerd. De decreten kwamen er niet en de kolonie werd in de praktijk exclusief Franstalig. Een klein aantal Vlaamse koloniale ambtenaren verzette zich daar tegen en boekte ook beperkte successen, op plaatselijk niveau. Een doorbraak kwam er pas in de nadagen van de kolonie, toen een Vlaams magistraat, Jozef Grootaert, het recht opeiste om in het Nederlands te vonnissen. Pas na een lang en bitter gevecht, uitgevochten tot op regeringsniveau en mee gekleurd door allerlei persoonlijke motieven, werd uiteindelijk in 1956, meer dan veertig jaar later dan afgesproken, een decreet over het gebruik van de talen bij het koloniale gerecht goedgekeurd. Over een decreet i.v.m. bestuurzaken raakte men het niet meer eens voor de onafhankelijkheid van de kolonie in 1960. In het onafhankelijke Congo was er voor het Nederlands geen (officiële) plaats.________The Case of Judge Grootaert and the struggle for Dutch in the Belgian CongoIn 1908 Belgium acquired the sovereignty over the former Congo Free State, which had been the private property of king Leopold II. The new colony was granted a kind of constitution, the Colonial Charter. Article 3 of this charter provided not only that there would be freedom of language in the Belgian Congo, but also that the Belgians in that country would enjoy the same rights and protection of their language as they had in their motherland. The language regulation for court cases and the administration was to be laid down in special decrees by 1913 at the latest. That agreement was not honoured. The decrees failed to be drawn up and in practice the colony became exclusively French speaking. A small number of Flemish colonial officials resisted against this situation and in fact obtained some limited successes on a local level. A breakthrough finally occurred in the latter years of the colony, when a Flemish magistrate, Jozef Grootaert claimed the right to pronounce judgement in Dutch. Only after a long and bitter struggle that was fought out until the bitter end on a governmental level and that was also characterized by all kinds of personal motives, a decree about the use of languages at the colonial court was finally approved in 1956, more than forty years after it had been agreed. It proved to be no longer possible to reach agreement about a decree concerning administrative matters before the independence of the colony in 1960. In the independent Congo Republic no (official) role was reserved for Dutch.

Property Rights: A Re-Examination

2020 ◽  
Author(s):  
J. E Penner
Keyword(s):  
Property Rights ◽  
Property Theory ◽  
Natural Right ◽  
Kantian Theory ◽  
Bundle Of Rights ◽  
Vexed Question ◽  
The Right ◽  
Jural Relations

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title, the right to immediate, exclusive, possession, and the power to licence what would otherwise be a trespass, and to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld’s concept of ‘multital’ jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner’s liberty to use her property and her ‘right to exclude’, with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

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