The Entitlements of Unallied Hunters After a Sequential Capture (original) (raw)
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Journal of Law, Economics, and Organization, 2012
This paper uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18 th and 19 th century developed rules of conduct that minimized the sum of the transaction and production costs of capturing their prey, the primary implication being that different ecological conditions lead to different rules of capture. Holding everything else constant, we find that simply imposing two different types of prey is insufficient to observe two different rules of capture. Another factor is essential, namely that the members of the community are civil-minded.
HUNTING TRADITION: Treaties, Law, and Subsistence Killing
Animal Liberation Philosophy and Policy Journal, 2004
This paper explores “subsistence traditions” that entail killing nonhuman animals among “indigenous” peoples in North America. In light of historic “tradition,” contemporary practice, and the treaties through which these privileges are guaranteed, I challenge the appropriateness of laws permitting the continuance of “subsistence” practices. I begin with a brief overview of the spiritual ethics behind “subsistence traditions,” then offer a concrete example from Washington State, including treaties, legal issues, and court rulings. I next elucidate the meaning of “tradition,” and compare contemporary lifestyles and practices with traditional ways. Finally, I consider whether or not current hunting, fishing, gathering, and trapping ought to be protected under the canopy of “traditional” activities. “Hunting Tradition: Treaties, Law, and Subsistence Killing.” Animal Liberation Philosophy and Policy Journal 2.2 (Oct. 2004)
Trophy Hunting, the Race to the Bottom, and the Law of Jurisdiction
Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, 2020
Cross-border trade, industry outsourcing, and animal migration are increasingly challenging states that want to take their commitment to protecting animals seriously. When multinationals threaten to outsource, even the most powerful states succumb to economic pressure and give corporations what they so avidly desire: laissez-faire. Some argue this is an inevitable consequence of globalization; others say it prompts us to question whether animal law is not better off being regulated by international law. This chapter takes a third path. Instead of proposing that nations seek agreement on low and mostly ineffective animal welfare standards, it posits extraterritorial jurisdiction as a promising avenue for animal law, and takes trophy hunting as its example to illustrate the many jurisdictional options for states to overcome regulatory gaps in animal law and make animal issues more visible on the international plane.
Roman Legal Tradition and the Mismanagement of Hunting Resources
Working Papers Department of Economics, 2009
Hunting and game-preservation are interrelated: hunting must respect the intentions of game-preservation, and game-preservation must rely on hunting as one method to achieve its intentions. HASENKAMP (1995) applied the Economic Theory of Common Resources to the problem to provide conclusions about the management and conservation of hunting resources. These conclusions are reflected in the existing relevant legal hunting setting in Germany. German Law contains legal principles that confronts the hunter with the objectives of hunting preservation and held him the responsibility for pursuing these goals. In our paper, we derive a model of hunting management, adapting the GORDON/SCHAEFER fisheries model. The conclusions of the model, similar with those of Hasenkamp, are confronted with Portuguese hunting regulation. We conclude that Portugal has a Roman legal tradition with respect to hunting propertyrights. To the Roman conception, the wild animals constitute res nullius (things without owner) that all men can appropriate by ocupatio. The classification of free land implicates the idea that the hunter has the freedom of access to hunt in other's land, although respecting imposed norms. This tradition of open access is the root-cause of hunting depletion. But, at the same time, the legislator sees it as a form of giving the hunters without land, the possibility of enjoying this activity. This is compatible with the Portuguese tradition, which almost attributes a personality right to the right of hunting. .
Hunting for Justice: An Indigenous Critique of the North American Model of Wildlife Conservation
Environment and Society, 2018
Within the mainstream environmental movement, regulated hunting is commonly defended as a tool for preserving and managing populations of wild animals for future generations. We argue that this justifi cation, encapsulated in the seven principles of the North American Model of Wildlife Conservation, perpetuates settler colonialism—an institutional and theoretical apparatus that systemically eliminates Indigenous peoples, expropriates Indigenous lands, and disqualifi es Indigenous world-views—insofar as it manifests an anthropocentric ideology that objectifi es hunted animals as " natural resources " to be extracted. Because this ideology is antithetical to Indigenous views, its imposition through hunting regulation interrupts Indigenous lifeways, contributing to the destruction of Indigenous identity.
Clash of Concepts – Hunting rights and ethics in Greenlandic caribou hunting
Based on archaeological fieldwork in an inland area in West Greenland, this paper will discuss questions about Greenland hunting rights and hunting ethics which arose during our work and which seem to constitute dilemmas. Settlement patterns and bone analyses from Thule culture sites, but also ethno-archaeological observations and interviews with modern hunters, form the basis of this discussion.