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Full-Text Articles in Philosophy
Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet
Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet
Dissertations, Theses, and Capstone Projects
All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
The International Journal of Ethical Leadership
transcript
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
Undergraduate Theses
This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Cary Federman
The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …
Collective Responsibility By Agreement, David Atenasio
Collective Responsibility By Agreement, David Atenasio
Dissertations
It is often challenging to fairly distribute responsibility for harms that result from collective wrongdoing. Few object to blaming an agent for making a contribution to wrongdoing, but it is far more controversial to attribute fault to one agent for the contributions made by other participants in collective wrongdoing. I argue that we ought to distribute co-responsibility for collective wrongdoing only to those who authorize the offending actions, whether expressly or tacitly. By authorizing another to carry out wrongdoing on one's behalf, one becomes to blame for the unjustified harm caused by one's agent or agents. In this dissertation, I …
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …