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UNIVERSALITY OF HUMAN RIGHTS: A REFLECTION ON HUMAN AND NON-HUMAN ANIMAL SIMILARITIES

100%

Florian O. T.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2023

tom 106

nr spec.

21 - 40

While natural rights are typically understood as applying only to humans, there are in fact no suitable criteria which justify such an assumption. Indeed, arguments from marginal cases show that characteristics which are considered innately human are not in fact shared by all humans and can even be identified in some non-human animals. However, if we try to dismiss the issue by implying that the fact of being human is itself a sufficient criterion, the problem of evolutionary theory then arises, with the gradual evolution of the human species suggesting that several different human species coexisted at some point in the past. In order to ensure the universality of human rights, we must draw the line not only in the present but also in the past, and in this context it would seem logical to extend natural rights to non-human animals. However, regardless of the criteria which we apply to this issue, it remains problematic to justify why the ones we have chosen are relevant to the existence of natural rights.

K NEGATÍVNEMU NAZERANIU M. ROTHBARDA NA MYŠLIENKU PRÁV ZVIERAT

75%

Turčan M.

Filozofia (Philosophy)

2020

tom 75

nr 7

539 – 554

The article deals with the approach of the right-wing libertarian, anarchy-capitalist, Murray Rothbard to the issue of animal rights. The author offers a critical analysis of his dismissal statements in the work Ethics of Liberty. He deals with Rothbard's arguments and confronts them with the arguments of Peter Singer and Gary Francione. The author pays special attention to Rothbardʼs argument from the nature of animal warfare, which is one of the reasons for Rothbardʼs view on animal rights. Based on a hypothetical example of beings from another world, which Rothbard himself mentions, the author refutes his argument and points to the problem of inconsistency in Rothbardʼs thinking. Given that this argument is not (and cannot be) a central argument for Rothbard, the author then focuses on Rothbardʼs central argument from the very notion of the concept of a right. The difference between Rothbard and Francione is, in this respect, conceptual (each of them works with a different understanding of the concept of a right). The difference between Rothbard and Singer is basically paradigmatic. In this context, the author points out that both anarchy-capitalism and utilitarianism are reductionist theories. He considers the need to find a non-reductionist solution. However, in the controversy, he leans to the side of Singer, due to the moral inadmissibility of Rothbardʼs assumption of the priority of individual freedom over relevance of any moral good or evil (under the respect of persons but not of other sentient beings), which cannot be understood other than Rothbardʼs ethical thesis.

CAN A YAK-EATER BECOME A VEGETARIAN? A GLOBAL ANIMAL RIGHTS DISCOURSE AS THE 'INVENTED TRADITION' IN THE TIBETAN DIASPORA (Czy jakozerca moze zostac wegetarianinem? Globalny dyskurs praw zwierzat jako 'tradycja wynaleziona' w diasporze tybetanskiej)

75%

Bloch N.

Lud

2010

tom 94

121-142

The article discusses the incorporation of globally spread socio-political categories by groups from outside the Western cultural circles. The author aims to explain the reasoning behind these ideas and how they are translated into the practice of everyday life. As an illustration of the problem she has chosen the discourse on animal rights and vegetarianism as the 'new Tibetan tradition', since during several years of field research in the camps of Tibetan refugees in India she had the opportunity to follow the birth of the idea and its development. Refugees are an interesting group to analyze such phenomena, because they are part of what is called the 'international refugee regime' and are forced to engage in a dialogue with the dominant discourses. The article shows that although the participants of the dialogue do not have equal rights, it can be the source of the group subjectivity, and the group uses it to accomplish their own objectives. Eric Hobsbawm's concept of 'invention of tradition' has been used to analyze the process.