W. Lubbe, R. Alberts, Jacquelyn P. Robinson, I. Rushworth, SA Jeanetta Selier, Li Tanneback, Sam M. Ferreira
{"title":"在南非法律中,扑杀大象会被视为不人道和非法吗?:一个回应和进一步的思考","authors":"W. Lubbe, R. Alberts, Jacquelyn P. Robinson, I. Rushworth, SA Jeanetta Selier, Li Tanneback, Sam M. Ferreira","doi":"10.1080/13880292.2023.2217616","DOIUrl":null,"url":null,"abstract":"Abstract Culling of certain species remains a sensitive topic. This is especially true when considering the culling of so-called sentient animals like elephants. This article builds on a previous paper published in this Journal and aims to both agree and disagree with some of the arguments raised. Primarily this article raises concerns about what was termed the potential illegality of elephant culling in South African law. In doing so, a summary of the arguments not contested and also those contested is presented; a discussion of the ‘legality’ of culling is presented; the exclusion of conservation imperatives from the original paper is examined; a legal synopsis of welfare and rights within the South African Constitution is presented; and finally concluding remarks is made together with thoughts on future research.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"‘Could Culling of Elephants be Considered Inhumane and Illegal in South African Law?’: A Response and Further Thoughts\",\"authors\":\"W. Lubbe, R. Alberts, Jacquelyn P. Robinson, I. Rushworth, SA Jeanetta Selier, Li Tanneback, Sam M. Ferreira\",\"doi\":\"10.1080/13880292.2023.2217616\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Culling of certain species remains a sensitive topic. This is especially true when considering the culling of so-called sentient animals like elephants. This article builds on a previous paper published in this Journal and aims to both agree and disagree with some of the arguments raised. Primarily this article raises concerns about what was termed the potential illegality of elephant culling in South African law. In doing so, a summary of the arguments not contested and also those contested is presented; a discussion of the ‘legality’ of culling is presented; the exclusion of conservation imperatives from the original paper is examined; a legal synopsis of welfare and rights within the South African Constitution is presented; and finally concluding remarks is made together with thoughts on future research.\",\"PeriodicalId\":52446,\"journal\":{\"name\":\"Journal of International Wildlife Law and Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Wildlife Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/13880292.2023.2217616\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Wildlife Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/13880292.2023.2217616","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
‘Could Culling of Elephants be Considered Inhumane and Illegal in South African Law?’: A Response and Further Thoughts
Abstract Culling of certain species remains a sensitive topic. This is especially true when considering the culling of so-called sentient animals like elephants. This article builds on a previous paper published in this Journal and aims to both agree and disagree with some of the arguments raised. Primarily this article raises concerns about what was termed the potential illegality of elephant culling in South African law. In doing so, a summary of the arguments not contested and also those contested is presented; a discussion of the ‘legality’ of culling is presented; the exclusion of conservation imperatives from the original paper is examined; a legal synopsis of welfare and rights within the South African Constitution is presented; and finally concluding remarks is made together with thoughts on future research.
期刊介绍:
Drawing upon the findings from island biogeography studies, Norman Myers estimates that we are losing between 50-200 species per day, a rate 120,000 times greater than the background rate during prehistoric times. Worse still, the rate is accelerating rapidly. By the year 2000, we may have lost over one million species, counting back from three centuries ago when this trend began. By the middle of the next century, as many as one half of all species may face extinction. Moreover, our rapid destruction of critical ecosystems, such as tropical coral reefs, wetlands, estuaries, and rainforests may seriously impair species" regeneration, a process that has taken several million years after mass extinctions in the past.