Not gods but animals : human dignity and vulnerable subjecthood

Drawing on earlier work on the conceptual structure of dignity, this paper will suggest a particular type of connectedness between vulnerability and human dignity; namely, that the ‘‘organizing idea’’ of human dignity is the idea of a particular sort of ethical response to universal human vulnerability. It is common ground among many, if not all, approaches to ethics that vulnerability requires us to respond ethically. Here, I argue that human dignity is distinctive among ethical values in that it values us because of, rather than in spite of, or regardless of, our universal vulnerability. The term ‘‘dignity’’ is used synonymously with ‘‘human dignity’’ here, since an investigation of the dignity of non-human entities forms no part of the present examination

Bionic bodies, posthuman violence and the disembodied criminal subject

This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, the criminal law risks marginalising, or altogether eliding, experiences of violence that do not align with its paradigmatic vision of what bodies can and must do when suffering its effects. Here I consider how the bionic body disrupts the criminal law’s understanding of human violence by being a body that is both organic and inorganic, and capable of experiencing and performing violence in unexpected ways. I propose that a criminal law that is more receptive to the changing, technologically mediated conditions of human existence would be one that takes the corporeal dimensions of violence more seriously and, as an extension of this, adopts an embodied, embedded, and relational understanding of human vulnerability to violence

Reflecting on 25 Years of Teaching Animal Law: Is it Time for an International Crime of Animal Ecocide?

2019 marked the 25th anniversary of the introduction of Animal Law to the law degree at Liverpool John Moores University. This article examines changes in the legal protection of animals during this time and the impact this will have on research and scholarship in the law relating to animals. We examine whether the overall international treatment of animals has improved and how far the approach to the Animal Law curriculum should be influenced by the growth in concerns around climate change. In this context, we examine the development of the law of ecocide and the extent to which it addresses concerns around animal welfare across the globe. We suggest that those involved in the development of Animal Law, ethics and policy might usefully engage in a new vision of ecocide, which incorporates a clearer notion of 'animal ecocide'. This new approach would enhance the international and national focus on animals in their own right, would recognise increasing knowledge of animal sentience and would move our responsibilities to them beyond anthropocentric approaches to environmental protection. We argue that the inclusion of a more specific reference to animal ecocide would contribute to the development of Animal Law and would lead to an enhanced relationship between Animal Law and attempts to protect the environment

Moral uncertainties of rape and murder: Problems at the core of criminal law theory

Ngaire Naffinehttp://trove.nla.gov.au/work/3531308

In defence of the responsible subject

Commentary on Scott Veitch's book Law and responsibility on the legitimation of human suffering - role of law and legal institutions - legitimise irresponsibility and countenance human suffering - sanctions regimes - civilian casualties - legal responsibility - criminal law - individual responsibility - citizens - responsible behaviour - theories of justice.Ngaire Naffin

Ngaire Naffine, Law's meaning of life: Philosophy, religion, Darwin and the legal person (2009). Author's introduction: The law of persons

Ngaire Naffin

Review essay: liberating the legal person

Ngaire Naffinehttp://muse.jhu.edu.proxy.library.adelaide.edu.au/journals/canadian_journal_of_law_and_society/v026/26.1.naffine.htm

Person

http://trove.nla.gov.au/work/2620134