Animal Trials: A Multidisciplinary Approach

Dinzelbacher, Peter

doi:10.1162/002219502753364191

Cited by 36 publications

(13 citation statements)

References 3 publications

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“…Indeed, in times past, the law of deodand required that any person or chattel, animate or inanimate, that was the immediate cause of the death of 'any reasonable creature' be forfeited to the crown (Freiberg and Fox 2000: 33). Horses, goring oxen, carts, boats and steam engines could be the subject of deodand 13 and in some places at some times, animals could be put on trial for the deaths of humans (Dinzelbacher 2002). These laws provide not only an example of the imposition of objective liability for unintended injury or harm (Finkelstein 1973: 181) but also of an expression of emotions such as anger, fear or disgust that attach to death, whether intentional or not and whether the product of human agency or not.…”

Section: Crime and Punishmentmentioning

confidence: 99%

'Jalal's Law': Driving Reform in the Wrong Direction

Freiberg¹

2020

Int J for Crime, Justice & Social Democracy

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This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

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Section: Crime and Punishmentmentioning

confidence: 99%

'Jalal's Law': Driving Reform in the Wrong Direction

Freiberg¹

2020

Int J for Crime, Justice & Social Democracy

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“…33, 61). 15 Further, Catholics didn't monopolize witch trials. After the Reformation, Protestants, who also considered witchcraft heretical, got in on the act too.…”

Section: Given This Tradeo¤ How Did Ecclesiastics Use Vermin Trials mentioning

confidence: 99%

“…My samples of both kinds of trials are small-surely much smaller than the actual number of trials in each case. And my witch-trial data consider only trials whose location within country is known 15. Further, although ecclesiastics in France, Italy, and Switzerland commonly associated Vaudois with witches and viewed witches as heretics, it doesn't follow that most, or even a signi…cant portion of, persons tried for witchcraft were actual Vaudois.…”

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confidence: 96%

Vermin Trials

Leeson

2013

The Journal of Law and Economics

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For 250 years French, Italian, and Swiss ecclesiastic courts tried insects and rodents for property crimes as legal persons under the same laws and according to the same procedures they used to try actual persons. I argue that the Catholic Church used vermin trials to increase tithe revenues where tithe evasion threatened to erode them. Vermin trials achieved this by bolstering citizens'belief in the validity of Church punishments for tithe evasion: estrangement from God through sin, excommunication, and anathema. Vermin trials permitted ecclesiastics to evidence their supernatural sanctions'legitimacy by producing outcomes that supported those sanctions'validity. These outcomes strengthened citizens'belief that the Church's imprecations were real, allowing ecclesiastics to reclaim jeopardized tithe revenue.

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“…. having been captured in flagranti since these pigs have committed and done themselves murder” of a five‐year‐old girl (from Sorel 1876, as quoted in Dinzelbacher 2002, 407). While the sow was sentenced to be hanged, the piglets “in default of any positive proof that they had assisted in mangling the deceased, although covered with blood, [they] were restored to their owner on the condition that he should give bail .…”

Section: Animal Executions: Establishing Man's Property and What Imentioning

confidence: 99%

See Topsy “Ride the Lightning”: The Scopic Machinery of Death

Oliver

2012

The Southern J of Philosophy

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This essay explores the connections between speculation, spectacle, and the death penalty, particularly insofar as they bear on what is “proper to man” and on the man–animal distinction. Returning to a scene of death from Derrida's seminar The Beast and the Sovereign, specifically the scene of an elephant's autopsy, we see how what he calls “the globalization of the autopsic model” of sovereignty requires the death of the animal (Derrida 2009, 296). Following Derrida, we see how man's dominion over other animals is built on a model of sovereignty as necropsy that erects itself through the autopsic model of power, which ultimately is built on the scaffolding of death and the death penalty. Following the history of the death penalty, however, we see that it becomes the property of man through its exercise on animals, particularly through the capital punishment of animals, which inaugurated the codification of law in Europe, and Thomas Edison's electrocution of animals, which inaugurated the electric chair as a form of execution in the United States. Moreover, the case of Edison (who invented both the electric chair and the first moving pictures, many of which were images of execution) makes manifest the connection between spectacle, animals, and the death penalty.

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Animal Trials: A Multidisciplinary Approach

Cited by 36 publications

References 3 publications

'Jalal's Law': Driving Reform in the Wrong Direction

'Jalal's Law': Driving Reform in the Wrong Direction

Vermin Trials

See Topsy “Ride the Lightning”: The Scopic Machinery of Death

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