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14 Animal L. [i] (2007-2008)

handle is hein.journals/anim14 and id is 1 raw text is: ANIMAL LAW
VOLUME 14                                                        2007
CONTENTS
INTRODUCTION
FINDING OUR VOICE: CHALLENGES AND
OPPORTUNITIES FOR THE ANIMAL LAW
COM   M U N ITY  ..............................................      1
Pamela D. Frasch
ARTICLES
A CONTRACTARIAN VIEW OF ANIMAL RIGHTS:
INSURING AGAINST THE POSSIBILITY OF BEING A
NON-HUMAN ANIMAL ...................................                 5
Julie Hilden
Contemporary research results regarding non-human ani-
mals' intelligence, emotional life, and capacity for reciproc-
ity strongly suggest the need for a sweeping re-evaluation
of their legal status as mere property. In this essay, the au-
thor will contend that the contractarian theory of philoso-
pher John Rawls provides an ideal basis for this re-
evaluation. Rawls' theory holds that the just rules for a
given real-world society are those that would rationally be
chosen behind an imaginary veil of ignorance, where the
deciding parties are placed in an original position in
which they have no idea of their personal qualities or the
positions they will ultimately occupy in a real-world society.
In the original position, Rawls contends, parties will met-
aphorically insure against contingencies such as being
poor or disabled, by arranging society to offer a social
safety-net for persons in those situations. However, what
about the contingency of being a non-human animal? The
author will argue that though Rawls intentionally left this
contingency out, it should be included - and comments on
the profound changes to current law that would result if
rules devised behind Rawls' veil of ignorance took into ac-
count the contingency that, in real-life society, parties
would be not humans, but non-human animals.
ANIMAL EXPERIMENTATION: LESSONS FROM
HUMAN EXPERIMENTATION ............................                  29
Arthur Birmingham LaFrance
Conventional wisdom tells us that animal experimentation
is a relevant precursor to human experimentation. The fail-
ings of human experimentation to be more reliable, how-
ever, casts substantial doubt on the necessity and
appropriateness of experimentation on animals. The federal
government and medical community, since World War II,
has used the Nuremberg Code and the common rule to de-
termine how to ethically conduct human experimentation.

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