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인간의 법을 통해 바라본 동물의 죽음에 관한 소고 : The Animal Death Contemplated Through Human Law
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- Authors
- Issue Date
- 2009
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.50 No.1, pp. 191-224
- Keywords
- 동물의 죽음 ; 동물의 법적 지위 ; 동물생명윤리 ; 동물법제 ; animal death ; Korean animal Law ; environmental ethic ; animal bioethics ; animal Legal ; 환경윤리
- Abstract
- Animals are used for humans lives in various ways. Mostly, it is for our benefits
on the condition that they are to die. Therefore, animal usages that leads to their
death are conducted based on legal justification. Yet the animal life is also
controlled by natural bio-system as human life does. So, for justifying unnatural
curtailment of animal life, ethically justifying with universally acceptable reasons
would be required other than simple reasons based on human interests, customs,
and amusements.
Therefore, this article tries to answer following questions in logical perspectives:
First, which rationalization for reality is underlying under the positive legal
justification for animal use? Second, what critical arguments against those
justification are. To carry out such topics, this research takes following steps: First,
this article will discuss the relation between animal death and human life in Korean
society. Second, this study will review the animal legal status in Korea and current
Korean laws covering animal death. Lastly, it will analyze arguments of
rationalization and critiques of its reality. Especially, when it comes to the
arguments concerning the diverse critiques, this study will focus on Singers
utilitarianism, Regans animal right theory, and environmental ethics. Through the
above arguments, this article seeks to find the more catholic ethics on how human
should deal with animals.
- ISSN
- 1598-222X
- Language
- Korean
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