RT Article
T1 Critiquing the Conception of "Crimes Against Nature": The Necessity for a New "Natural" Law
JF International journal of offender therapy and comparative criminology
VO 66
IS 4
SP 345
OP 368
A1 Gacek, James
A1 Jochelson, Richard
A1 Dueck-Read, Alicia
A2 Jochelson, Richard
A2 Dueck-Read, Alicia
LA English
YR 2022
UL https://krimdok.uni-tuebingen.de/Record/1855013754
AB Drawing upon historical developments and legal interpretations of ?crimes against nature? as it relates to bestiality, this paper endeavors to promote further discussions surrounding the conception of ?natural? and/or extant law, by which an understanding of historical and modern objections to crimes against nature opens them up to the critique of thin-universalism?that is, that despite disparate socio-moral fundaments, laws of prohibition coalesce around evangelical totalities. We contend that a paradigm shift in respect of naturalness is necessitated?naturalness should be packaged and represented, in part, by the empirical. Thus, conceptions of vulnerability and sentience rooted in social scientific understandings and in hospitable forms of rights protections ought to provide a new understanding of governance of the natural. In turn, this naturalness ought to be reflected in law so long as the boundaries we propose are not unduly transgressed. If unnatural acts like bestiality have their prohibitions in the legal tethering points of Judeo-Christian and, later Victorian roots, the new natural law ought to be apprised of rights-based constitutionalism and informed by green criminological and animal rights logics. Law, apprised of these ethics, would evolve to expand protections for animals, human and non-human alike. Laws based on the new naturalness could protect species and environments as evidence demands.
K1 bestiality
K1 crimes against nature
K1 Green Criminology
K1 Law
K1 Natural Law
DO 10.1177/0306624X20967945