动物法的未来

Q2 Social Sciences
Hilâl Nur Şarbak
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引用次数: 0

摘要

在过去的五十年里,动物法经历了一个显著的演变,从一个无定形的动物监管框架到一个全面的动物学科。大卫·法夫尔是对动物法的发展作出决定性贡献的主要学者之一。他是动物法领域大量学术著作的作者,这些著作几乎可以在该学科的每一个关键时刻找到《动物法的未来》是法夫尔对动物法学术的最新贡献。在这本书中,法夫尔以超越学术研究的跨学科方法再次体现了他对动物法的全面理解。他对动物法领域出现的学术研究表示担忧,认为目前的动物法学术研究缺乏未来的视角和对未来方向的建议(第vii页)。乍一看,这似乎很奇怪,因为动物法领域的任何工作都必须具有内在的“前瞻性”,因为此类工作经常挑战现有的法律制度。然而,仔细看这本书就会发现,法夫尔所说的前瞻性方法并不仅仅意味着进步的观点。他敦促动物法学者关注某些事实,包括政治进程不是由理性驱动的,而是由权力驱动的,因此我们不能同时改变所有动物的现状(第5-6页)。换句话说,法夫尔认为期待动物解放的法律革命是不现实的。因此,他的前瞻性做法是考虑在目前的政治领域内可以做些什么,而不打算完全改变它。在这方面,《动物法的未来》是关于法夫尔认为在我们当前的政治关头,未来“现实地”可能发生的事情(第4页)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Future of Animal Law
Over the past five decades, animal law has undergone a remarkable evolution from an amorphous regulatory framework about animals to a comprehensive discipline for animals. David Favre is one of the leading scholars to have made a decisive contribution to the development of animal law as such. He is the author of an extensive body of scholarly work in the field of animal law, which can be found at almost every critical juncture in this discipline.1 The Future of Animal Law is Favre’s latest contribution to animal law scholarship. In this book, Favre manifests once again his comprehensive understanding of animal law with a transdisciplinary approach that goes beyond academic scholarship. He expresses concern about the scholarly work that has emerged in animal law, arguing that current animal law scholarship lacks a future perspective and suggestions for future directions (p. vii). At first glance, this seems peculiar, given that any work in the field of animal law must be inherently “forward-looking,” as such work frequently challenges existing legal institutions. However, a closer look at the book reveals that by a forward-looking approach, Favre does not just mean a progressive view. He urges animal law scholars to pay regard to certain facts, including that the political process is not driven by reason but by power, and that we therefore cannot change the status quo for all animals at the same time (pp. 5–6). In other words, Favre considers it unrealistic to expect a legal revolution of animal liberation. A forward-looking approach for him is therefore to consider what can be done within the current political sphere without aiming to change it altogether. In this respect, The Future of Animal Law is about what Favre believes is “realistically” possible in the future, at our current political juncture (p. 4).
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
14
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.
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