David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Inquiry 22 (1-4):3 – 22 (1979)
The debate over whether human animals are linked by bonds of justice to nonhu-man animals is ancient and has been several times settled. The Roman jurists defined the j us naturae in terms of what nature had taught 'all animals', but Grotius and other natural-law theorists rejected this view and redefined the jus naturae as that which accorded with human nature, thereby founding the 'modern' view which has excluded nonhuman animals from the sphere of justice. This paper examines Grotius's argument as part of a larger seventeenth-century 'counter-revolution' in thought and argues that its incoherence becomes intelligible only when viewed as an attempt to deal with the embarrassing phenomenon of inhumane warfare. Warned by the example of Grotius, we may wish to inquire to what extent any discussion of animal justice, whatever side it takes, may be an exercise in the perpetration of injustice
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Thomas Hobbes (2012/2006). Leviathan. Clarendon.
H. J. McCloskey (1965). Rights. Philosophical Quarterly 15 (59):115-127.
Tom Regan (1976). McCloskey on Why Animals Cannot Have Rights. Philosophical Quarterly 26 (104):251-257.
John Rodman (1977). I. The Liberation of Nature? Inquiry 20 (1-4):83 – 131.
Citations of this work BETA
No citations found.
Similar books and articles
Stig Jørgensen (1978). Values in Law: Ideas, Principles and Rules. Juristforbundet.
Robert Garner (2012). Rawls, Animals and Justice: New Literature, Same Response. [REVIEW] Res Publica 18 (2):159-172.
Jac Swart & Jozef Keulartz (2011). Wild Animals in Our Backyard. A Contextual Approach to the Intrinsic Value of Animals. Acta Biotheoretica 59 (2):185-200.
Benjamin Straumann (2006). Ancient Caesarian Lawyers" in a State of Nature: Roman Tradition and Natural Rights in Hugo Grotius's "De Iure Praedae. Political Theory 34 (3):328 - 350.
Stephen Buckle (1991). Natural Law and the Theory of Property: Grotius to Hume. Oxford University Press.
Julia Tanner (2011). Rowlands, Rawlsian Justice and Animal Experimentation. Ethical Theory and Moral Practice 14 (5):569-587.
Hans Kelsen (1957/2000). What is Justice?: Justice, Law, and Politics in the Mirror of Science: Collected Essays. Lawbook Exchange.
Garrett Barden (2010). Law and Justice in Community. Oxford University Press.
Added to index2009-03-05
Total downloads20 ( #81,893 of 1,096,862 )
Recent downloads (6 months)2 ( #164,383 of 1,096,862 )
How can I increase my downloads?