{"title":"动物战争法与动物和平法的需要:比较重建","authors":"Saskia Stucki","doi":"10.1093/ajcl/avad018","DOIUrl":null,"url":null,"abstract":"\n This Article puts forward a novel analogy between animal welfare law and international humanitarian law—two seemingly unrelated bodies of law that are both marked by the aporia of humanizing the inhumane. Through the comparative lens of the international laws of war and peace, this Article argues that existing animal welfare law is best understood as a kind of warfare law that regulates violent activities within an ongoing “war on animals.” It further submits that this animal warfare law needs to be complemented and counterbalanced by an animal law of peace, consisting of a jus animalis contra bellum and peacetime animal rights.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Animal Warfare Law and the Need for an Animal Law of Peace: A Comparative Reconstruction\",\"authors\":\"Saskia Stucki\",\"doi\":\"10.1093/ajcl/avad018\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This Article puts forward a novel analogy between animal welfare law and international humanitarian law—two seemingly unrelated bodies of law that are both marked by the aporia of humanizing the inhumane. Through the comparative lens of the international laws of war and peace, this Article argues that existing animal welfare law is best understood as a kind of warfare law that regulates violent activities within an ongoing “war on animals.” It further submits that this animal warfare law needs to be complemented and counterbalanced by an animal law of peace, consisting of a jus animalis contra bellum and peacetime animal rights.\",\"PeriodicalId\":51579,\"journal\":{\"name\":\"American Journal of Comparative Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2023-06-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"American Journal of Comparative Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/ajcl/avad018\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Journal of Comparative Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/ajcl/avad018","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Animal Warfare Law and the Need for an Animal Law of Peace: A Comparative Reconstruction
This Article puts forward a novel analogy between animal welfare law and international humanitarian law—two seemingly unrelated bodies of law that are both marked by the aporia of humanizing the inhumane. Through the comparative lens of the international laws of war and peace, this Article argues that existing animal welfare law is best understood as a kind of warfare law that regulates violent activities within an ongoing “war on animals.” It further submits that this animal warfare law needs to be complemented and counterbalanced by an animal law of peace, consisting of a jus animalis contra bellum and peacetime animal rights.
期刊介绍:
The American Journal of Comparative Law is a scholarly quarterly journal devoted to comparative law, comparing the laws of one or more nations with those of another or discussing one jurisdiction"s law in order for the reader to understand how it might differ from that of the United States or another country. It publishes features articles contributed by major scholars and comments by law student writers. The American Society of Comparative Law, Inc. (ASCL), formerly the American Association for the Comparative Study of Law, Inc., is an organization of institutional and individual members devoted to study, research, and write on foreign and comparative law as well as private international law.