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  • Technics and Polemics in the Project of Non-human Rights

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    MussawirPUB4256.pdf (223.5Kb)
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    Accepted Manuscript (AM)
    Author(s)
    Mussawir, Edward
    Griffith University Author(s)
    Mussawir, Edward
    Year published
    2017
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    Abstract
    This article examines the use of technics and polemics within contemporary animal rights discourse. It focuses on the Nonhuman Rights Project, a group which is currently engaged in litigation in the United States aimed at having a non-human animal recognized by the courts as a person and subject of rights. Turning to the work of the late legal historian Yan Thomas, this article explores the degree to which the categories of person and thing have tended to become sacralized in the modern discourse of animal rights in order to refashion them at a polemical and metaphysical level. This is then contrasted with the work of Roman ...
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    This article examines the use of technics and polemics within contemporary animal rights discourse. It focuses on the Nonhuman Rights Project, a group which is currently engaged in litigation in the United States aimed at having a non-human animal recognized by the courts as a person and subject of rights. Turning to the work of the late legal historian Yan Thomas, this article explores the degree to which the categories of person and thing have tended to become sacralized in the modern discourse of animal rights in order to refashion them at a polemical and metaphysical level. This is then contrasted with the work of Roman jurisprudence which, in Thomas’s account, was capable on the contrary of filing its metaphysical categories back within the narrow technical world of the civil law. The history of legal categories reveals in this sense some of the tensions which today beset the discourse of rights in relation to the non-human.
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    Journal Title
    Law, Culture and the Humanities
    DOI
    https://doi.org/10.1177/1743872117699895
    Copyright Statement
    © 2017 Association for the Study of Law, Culture and the Humanities. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. The final, definitive version of this paper has been published in Law, Culture and the Humanities, Mar 2017 by SAGE Publications Ltd, All rights reserved.
    Note
    This publication has been entered into Griffith Research Online as an Advanced Online Version.
    Subject
    Animal law
    Legal theory, jurisprudence and legal interpretation
    Publication URI
    http://hdl.handle.net/10072/340124
    Collection
    • Journal articles

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