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).

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