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2 J. Animal L. & Ethics 189 (2007)
Animal Justice, Cultural Justice: A Posthumanist Response to Cultural Rights in Animals

handle is hein.journals/janilet2 and id is 191 raw text is: ANIMAL JUSTICE, CULTURAL JUSTICE: A POSTHUMANIST RESPONSE TO CULTURAL RIGHTS IN ANIMALS MANEESHA DECKHA* INTRODUCTION Law and culture are two concepts that are increasingly placed in relation to each other. This pairing may be explained in part by the turn to culture by various cultural communities as a paradigm through which one can articulate claims for human rights and justice, including the protection of biodiversity and intellectual property. Where justice was once operationalized through classic first and second generation rights and liberties, culture has become an emerging terrain on which the law tests theories of exploitation and suffering.2 In the midst of this development, the concept of the cultural defense has received heightened attention. This defense arises from the critical multiculturalist idea that requires that marginalized cultural groups should not be subject to the laws of the larger polity since such laws are culturally biased against them.3 Assistant Professor, Faculty of Law, University of Victoria, Canada. Rosemary Coombe, Legal Claims to Culture in and Against the Market. Neoliberalism and the Global Proliferation of Meaningful Difference, 1 LAW, CULTURE & HUMAN. 35, 35- 52 (2005). 2 Madhavi Sunder, Property in Personhood, in RETHINKING COMMODIFICATION: CASES AND READINGS IN LAW AND CULTURE 164, 165 (Martha M. Ertman & Joan C. Williams eds., 2005). 3 See ALISON DUNDES-RENTELN, THE CULTURAL DEFENSE 18-19 (2004); Pascale Fournier, The Ghettoisation of Difference in Canada: 'Rape by Culture' and the Danger of a 'Cultural Defence' in Criminal Trials, I MAN. L.J. 81, 91-94 (2002); Nancy S. Kim, The Cultural Defense and the Problem of Cultural Preemption: A Framework for Analysis, 27 N.M. L. REV. 101, 109-10 (1997); Anne Phillips, When Culture Means Gender: Issues of Cultural Defence in the English Courts, 4 MOD. L. REV. 510, 510-31 (2003); William I. Torry, Multicultural Jurisprudence and the Culture Defense, 44 J. LEGAL PLURALISM & UNOFFICIAL L. 127, 128-31 (1999); Leti Volpp, (Mis)Identifying Culture: Asian Women and the 'Cultural Defense', 17 HARV. WOMEN'S L.J. 57, 57 (1994). (189)

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