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Bene giuridico e "questione sentimento" nella tutela penale della relazione uomo-animale. Ridisegnare i confini, ripensare le sanzioni

Translated title of the contribution: [Autom. eng. transl.] Legal good and "sentiment question" in the criminal protection of the human-animal relationship. Redrawing boundaries, rethinking sanctions

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The comment on the provisions of Title IX-bis of the Criminal Code, containing the Crimes against sentiment for animals, is dealt with starting from two problematic issues of particular thickness for criminal law: the legal asset and the protection strategies. The two penal issues are dealt with in the framework of the broader juridical-philosophical debate on animal subjectivity and animal rights, of which the possible corollaries from the side of criminal law are investigated. The essay distances itself from the criminal protection of (mere) "sentiment", in terms of guarantees, a concept that is too elusive and wavering to become a legal asset in itself, and identifies the actual object of the penal protection offered in the man-animal relationship by the articles 544-bis and following cp The cases that prohibit the killing, mistreatment, etc. of animals are critically placed in relation to the vast series of laws of lawfulness (breeding, slaughtering, slaughtering, experimentation, etc.), emphasizing the inconsistencies and contradictions of a legal system in which, with reference to animals, the penal system almost ends to take on the contours of the "promotional right", while the other branches of the legal system make it possible to carry out extensive conduct against animals. With the new cases for the protection of the man-animal relationship, the prison sentence comes into play. However, the debate on the "animal question" - though certainly not motivated by retributive logics and intentions - was concerned to work for the affirmation of the deserving protection of animals, invoking the intervention of criminal law because of its expressive and cultural force and neglecting, instead, with negligent inattention, its dramatic punitive implications. The impression is that the resulting criminal law has lost to men that meekness that it would like to recommend to them on animals. Thus the question about the coherence (or not) of the sanctioning treatment with the cultural, ethical and political-criminal premises that have given rise to the recognition of a juridical space of penal protection of the man-animal relationship arises, unavoidable.
Translated title of the contribution[Autom. eng. transl.] Legal good and "sentiment question" in the criminal protection of the human-animal relationship. Redrawing boundaries, rethinking sanctions
Original languageItalian
Title of host publicationLa questione animale, Trattato di biodiritto diretto da Stefano Rodotà e Paolo Zatti
EditorsSilvana Castignone, Luigi Lombardi Vallauri
Pages687-723
Number of pages37
Publication statusPublished - 2012

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Animal rights and criminal law
  • Bene giuridico
  • Crimes and violence against animals
  • Delitti contro il sentimento per gli animali
  • Italy's criminal law and animal protection
  • Tutela penale dei sentimenti
  • diritti degli animali

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