PHIL 296 Lecture Notes - Lecture 18: Shechita, Fox Hunting, Liberal Democracy
17 Mar 2016
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Cultural defences in criminal law: violence against women (phillips 2007, chapter. Cultural practice/religious practice: horse tripping, dog fighting, fox hunting vs. ritual slaughter (shechita, dhabh). In many states cruel practices involving animals enjoy special state protection because they are part of religious or cultural traditions. The avoidance strategy has its benefits: (1) nutritional necessity, (2) impact, (3) treaty rights, (4) self-determination rights, (5) respect for cultural integrity, (6) complicity with cultural imperialism or racial discrimination. Problems with the avoidance strategy: the different rationales for the avoidance strategy generate different accounts of the appropriate scope of an aboriginal exemption (donaldson and kymlicka 2015, 2: should all historic victims of cultural imperialism be exempted from ar reforms, aboriginal exemption for traditional subsistence practices potentially opens the door. Strategy of engagement: getting at good faith disagreement: ar theorists take it as axiomatic that hunting is a violent, coercive process, and that, no wild animal consents, to being hunted.
