Beyond the property debate: animal welfare as a public good

Abstract

Animal protection is socially constructed through laws specifying which animals should be protected and how. Most jurisdictions codify animal abuse by specifying the legal protections granted to animals. While these vary between jurisdictions, western legal systems generally provide for better levels of animal protection by incorporating animal welfare and wildlife crime laws into criminal justice systems. UK legislation has long held that animal welfare is a public good, thus animals should be protected in the public interest. However, despite the protective provisions of animal protection laws they generally fall short of giving animals actual rights, protection exists only to the extent that animal and human interests coincide. Animals’ legal status as property dictates that much anti-animal abuse and wildlife crime legislation is about allowing animal exploitation commensurate with human interests. However, UK legislation in the form of the Animal Welfare Act 2006 subtly shifts this position in respect of domestic animals by imposing a duty of care towards companion animals. This paper argues that by requiring owners and responsible persons to give active consideration to the needs of individual companion animals, the Animal Welfare Act provides animals with a level of protection that amounts to a form of legal rights.     

Predicting discharge in forensic psychiatry: the legal and psychosocial factors associated with long and short stays in forensic psychiatric hospitals

In Germany, both the number of patients treated in forensic psychiatric hospitals and the average inpatient treatment period have been increasing for over thirty years. Biographical and clinical factors, e.g., the number of prior offences, type of offence, and psychiatric diagnosis, count among the factors that influence the treatment duration and the likelihood of discharge. The aims of the current study were threefold: (1) to provide an estimate of the German forensic psychiatric patient population with a low likelihood of discharge, (2) to replicate a set of personal variables that predict a relatively high, as opposed to a low, likelihood of discharge from forensic psychiatric hospitals, and (3) to describe a group of other factors that are likely to add to the existing body of knowledge. Based on a sample of 899 patients, we applied a battery of primarily biographical and other personal variables to two subgroups of patients. The first subgroup of patients had been treated in a forensic psychiatric hospital according to section 63 of the German legal code for at least ten years (long-stay patients, n=137), whereas the second subgroup had been released after a maximum treatment period of four years (short-stay patients, n=67). The resulting logistic regression model had a high goodness of fit, with more than 85% of the patients correctly classified into the groups. In accordance with earlier studies, we found a series of personal variables, including age at first admission and type of offence, to be predictive of a short or long-stay. Other findings, such as the high number of immigrants among the short-stay patients and the significance of a patient's work time before admission to a forensic psychiatric hospital, are more clearly represented than has been observed in previous research.     

Elmer's case: A legal positivist replies to Dworkin

Conclusion I have argued that Legal Positivism can accommodate the existence oftheoretical disagreements in law and that Ronald Dworkin is wrongto claim otherwise. As far as Legal Positivists are concerned, evenjudges who differ over both the truth of propositions of law and thegrounds or sources of law can have a legal duty to resolve their dis-agreements on the basis of legal arguments. The duty exists whenconventional legal practice creates it. Moreover, all Anglo-Americanlegal systems impose the duty on judges because all such systemscontain legal practices of the right sort: practices creating expectationsthat cases will be decided on the law even when they raise doubtsabout the content or proper formulation of a rule of recognition.Thus, Elmer's Case poses no threat to Legal Positivism. To the con-trary, it reveals the richness of that theory as few other cases can.Only if Elmer's Case is detached from the context of Anglo-American adjudication can it be said to undermine Legal Positivism.But then no theory of positive law could withstand its challenge.A draft of this essay was presented at a political theory workshop at the University of Chicago. I am grateful for comments received from Russell Hardin, Leo Katz, Steven Fletcher and Thomas Christiano on that occasion. I also thank Steven Walt and Jules Coleman, two of the better dressed philosophers I know.     

The new ASC safe harbor: the triumph of public policy over legal consistency

This Article traces the history of the OIG's use of safe harbors to allow certain activities that arguably violate a literal reading of the Anti-Kickback Statute. The author focuses particular attention upon the development of the ASC Safe Harbor from its genesis through its final issuance on November 19, 1999. The analysis finds legal inconsistency in the regulation in this area, which it attributes to the development of the ASC Safe Harbor being driven primarily by nonlegal, public policy concerns. The Article concludes by suggesting that OIG publicly embrace those policy goals and adopt broader investment-related safe harbors that focus on limiting returns to those attainable in a "fair market."     

法律体系的新成员——案例指导制度

案例指导制度是我们国家司法制度新近确立的一个组成部分。作为新生事物,它与我们现存的法律体系、法律制度是否兼容,这是值得探讨的。在大陆法系国家,案例制度一开始也受到了排斥,但後来还是逐步引进并确立了案例制度。我认为,对于中国而言,正在讨论建立的案例指导制度,与立法、司法、执法,包括法律职业、法律教育也应该是兼容的,而不是排斥的。     

法律行为内容的限制与违反善良风俗的适用--对一起遗嘱继承案的法理剖析

法律行为成立 ,并非一定产生预期的效果 ,一系列的限制是必要的。不得违反善良风俗是其限制之一 ,但违反善良风俗的适用却是异常复杂的。违反善良风俗要评判的并不是当事人的行为 ,而是他从事的法律行为 ,通过实用标准的确定 ,将善良风俗概念法律化 ,至关重要。以这样的法理来剖析被继承人立其情人为继承人的遗嘱继承案 ,则该遗嘱行为是有效的。     

The significance of the legal term "corpse" in forensic medicine

The definition of the term "corpse" is relevant for medicine in general and most particularly so for forensic medicine, as it has direct consequences on practical work: legally, postmortems and autopsies may only be performed on corpses. With this in mind, the legal term "corpse" was examined on the basis of German State Law regulations and provisions. Approximately half the burial acts include a definition of "corpse", but even here there are certain variations. The definitions for "corpse" can be divided into four categories: 1) according to the lack of vital signs or sure signs of death 2) according to the degree of decomposition and/or cohesion of body parts 3) on the basis of severed body parts, and 4) terminological differentiation of stillbirths and neonatal fatalities from miscarriages. Laws vary greatly in their definition of the term "corpse". Therefore, the decision whether or not human remains or parts thereof qualify as a "corpse" should be left to medical discretion.     

Striving for a good life: The good lives model applied to released child molesters

Abstract

The good lives model (GLM) is a strengths-based approach to offender rehabilitation in which treatment aims to equip offenders with the skills and resources necessary to satisfy primary goods, or basic human values, in personally meaningful and socially acceptable ways. The aim of the present research was to explore the practical utility of the GLM with a sample of released child molesters, and investigate the relationship between primary goods attainment and overall re-entry conditions (in terms of accommodation, social support and employment). Semi-structured interviews were conducted with 16 child molesters at one, three and six months following their release from prison. As expected, participants endorsed the majority of GLM primary goods with high importance, and positive re-entry experiences were associated with increased goods attainment. Implications for clinicians, policy makers and society as a whole are discussed.