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The Elephant in the Courtroom: The Universality of Rights vs the Uniqueness of Human Animals in the Law

Murray, Charmaine LU (2017) JAMM07 20171
Department of Law
Faculty of Law
Abstract
The elephant in the courtroom is a metaphor for the overt problem facing the human rights discourse concerning the reluctance to recognize rights beyond the human animal. The growing global development of animal rights law in both the legislature and the judiciary of many jurisdictions, exposes the ethical dilemma of human rights that has been the defining characteristic of codified rights since their conception. The dual nature of rights; protecting and excluding from protection, demands a constant rethinking to ensure that rights are true to their foundations. Nonhuman animals are at the forefront of the pursuit of humanity as the protection of inherent dignity is the foundation of international rights law and the protection of all... (More)
The elephant in the courtroom is a metaphor for the overt problem facing the human rights discourse concerning the reluctance to recognize rights beyond the human animal. The growing global development of animal rights law in both the legislature and the judiciary of many jurisdictions, exposes the ethical dilemma of human rights that has been the defining characteristic of codified rights since their conception. The dual nature of rights; protecting and excluding from protection, demands a constant rethinking to ensure that rights are true to their foundations. Nonhuman animals are at the forefront of the pursuit of humanity as the protection of inherent dignity is the foundation of international rights law and the protection of all inherent dignity is therefore crucial to the legitimacy of the law and the continued development of legal rights. (Less)
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author
Murray, Charmaine LU
supervisor
organization
course
JAMM07 20171
year
type
H2 - Master's Degree (Two Years)
subject
keywords
RIGHTS ANIMAL HUMAN SPECIESISM LAW LEGAL EXCLUSION INTERCONNECTIVITY UNIVERSALITY
language
English
id
8921430
date added to LUP
2017-07-18 15:55:49
date last changed
2017-07-18 15:55:49
@misc{8921430,
  abstract     = {The elephant in the courtroom is a metaphor for the overt problem facing the human rights discourse concerning the reluctance to recognize rights beyond the human animal. The growing global development of animal rights law in both the legislature and the judiciary of many jurisdictions, exposes the ethical dilemma of human rights that has been the defining characteristic of codified rights since their conception. The dual nature of rights; protecting and excluding from protection, demands a constant rethinking to ensure that rights are true to their foundations. Nonhuman animals are at the forefront of the pursuit of humanity as the protection of inherent dignity is the foundation of international rights law and the protection of all inherent dignity is therefore crucial to the legitimacy of the law and the continued development of legal rights.},
  author       = {Murray, Charmaine},
  keyword      = {RIGHTS ANIMAL HUMAN SPECIESISM LAW LEGAL EXCLUSION INTERCONNECTIVITY UNIVERSALITY},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Elephant in the Courtroom: The Universality of Rights vs the Uniqueness of Human Animals in the Law},
  year         = {2017},
}