Academic literature on the topic 'Children – Legal status, laws, etc. – Scotland'

Our study focuses on an important and interesting aspect of legal ethnology – the habit of the earth, that legal code of great complexity, including unwritten rules, meant to order the social, economic, spiritual, family life, etc., as established and they perpetuated in the archaic area of Cosău Valley from Maramureș County. At the beginning we focused, using the opinions of researchers, on the unwritten ancestral legal code, reflecting how the peasant conceives the idea of concept of justice, how it is resolved according to the rules of this ancestral code, then how its rules materialize in all sectors of village life. We also referred to the durability and resistance of the custom of the land over time, the way in which unwritten laws coexisted in feudal society along with written ones. A developed chapter was reserved for unwritten norms related to the complex of relations between the villagers, in which we emphasized the role played by the implications of the kinship system, then the relations between the villagers and the „village lights”. We have assigned a separate chapter for unwritten agrarian laws, many related to property, to the protection of wealth. We paid attention to the ways of associating the owners in order to be able to break through the work of the agricultural lands, which required a lot of increased labour force. We have assigned another chapter for the unwritten pastoral laws, the sheepfold having a complex status, with numerous rigorously observed norms. We referred to the role of the sheepfold chief in the observance of the unwritten norms from the statute of the sheepfold. Another chapter is about the unwritten norms of the complex of family life, with many normative provisions, some related to the protection of children, others to the complex of marriage, others focused on the relations between children and parents, etc. In our study we also included unwritten normative provisions related to the practice of certain trades or related to the obligations of the community to the calls of the village leadership. In this chapter, we paid attention to the normative provisions related to the transactions between the villagers. A developed chapter of our study is intended to judge the abuses committed by the guilty, due to the violation of the unwritten norms, in which we focused on those invested to apply them: the elderly, the lads’ group or by people with juridical and administrative roles in the rural community. We also did not omit the information related to the categories of punishments: fees. The study concludes with brief references related to the legal customs performed or punishments or the submission to the laughter and mockery of the village, the compensations in kind, etc. in the investigated space: Shouting over the village and „Herdetișurile”. Keywords: Cosau Valley, juridical rules, unwritten norms

The article examines the current state of state policy in the field of social protection of homeless and neglected children in wartime conditions. The special relevance of this topic is due to the increase in the number of homeless and neglected children due to the full-scale invasion of the russian federation. Attention is focused on the fact that orphan hood is a social phenomenon that is caused by the existence in society of children whose parents have died, or children who have been left without parental care due to the deprivation of parental rights, being recognized as disabled, missing, etc. Because of the war in Ukraine, thousands of children remain orphans, lose contact with their relatives and find themselves in difficult life circumstances. The main normative legal acts regulating the protection of children's rights are analyzed - the Universal Declaration of Geneva, the Universal Declaration of Human Rights, the Convention on the Protection of Human Rights and Fundamental Freedoms, the Declaration on the Rights of the Child, the Declaration on the Protection of Women and Children in Extraordinary Circumstances and During Armed Conflicts, Convention on the Rights of the Child, Optional Protocol on the Participation of Children in Armed Conflicts. Among the main national normative legal acts that regulate the issue of social protection of children are the laws of Ukraine "On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine", "On amending some laws of Ukraine aimed at strengthening the social protection of children and support families with children", "On the protection of childhood", resolutions of the Cabinet of Ministers of Ukraine "On approval of the Procedure for granting the status of a child who suffered as a result of hostilities and armed conflicts", "On amendments to some resolutions of the Cabinet of Ministers of Ukraine on the protection of children's rights during the period of emergency or war state". The number of injured children in Ukraine as a result of the armed aggression of the Russian Federation was analyzed, attention was paid to the issue of ensuring the child's right to safety, legislative regulation of ensuring the child's right to education, as well as problematic aspects that arise during the realization of this right. Peculiarities of placement of children who were left without parental care as a result of the invasion of the Russian Federation on the territory of Ukraine in family-type orphanages and foster families were studied.

The article is devoted to the sociological analysis of the situation with bullying (prevalence, dynamics, connection with socio-demographic indicators) and counteraction to it (formal legal framework and real practices) in the modern educational space of Ukraine. According to 2018, the number of systematic bullers is 12.2%, the number of systematic victims — 15.7%. Thus, in reality, it is not about 67% (two thirds) of children and adolescents, as noted in the justification of many anti-bullying initiatives, but about a much smaller number of people who, however, are systematically bully or bullied by others. The connection between bullying and gender, financial status, health status, emotional state, and the presence of violence from adult family members was analyzed. The legal framework for combating bullying is considered. It is shown that significant obstacles to the implementation of anti-bullying laws are formalism, lack of qualified psychological staff and the practice of concealing the facts of bullying by the management of educational institutions. The article provides a list of real steps to combat bullying, which should lead to positive changes (online training, information campaigns, hotlines, etc.). International data on the evaluation of prevention programs are given. To be more effective, these programs must combine systematic monitoring and targeting of children and adolescents at high risk. Anti-bullying programs should not so much completely eliminate the phenomenon of bullying as bring it out of the norm, which is important on the way to the humanization of education. The necessity of further sociological researches in the field of cyberbullying is substantiated, as well as the necessity of assessing the real position of teachers.

Marriage in Islam is more contractual ('aqd') in nature than ceremonial or sacramental. This esteemed tie-up of spouses conveys legal rights and obligations to each spouse. The fabric of society is made up of family institutions. Islam places high value on establishing a balanced, well-behaved relationship between spouses for a happy home. Islamic jurisprudence considered its primary purpose to be to make intercourse lawful and to legitimate the resulting offspring in a matrimonial contract. For its formation, specific competency is required, including physical and intellectual. Islamic law defined the jurisprudential basis for marriage capacity and pended its determination on interpretation. It concerns gender, age, mental capacity, religion, relationship with each other, marital status, etc. The ultramodern way of life and the advancement of technological and scientific achievements have introduced alarming changes in family relationships also. Lack of a jurisprudential approach to marriage leads to imbalanced marriage contracts and results in disturbed marital life as well as for the children, the future generations. A jurisprudential approach to marriage contracts will resolve present contemporary issues such as child marriage, forced marriage, and polygamy. The current study looks at marriage competency through the lens of Islamic injunctions. It emphasizes the fundamental regulations governing the legality of marriage contract. This paper examines the legal capacity for marriage and outline the requirements for a marriage contract to achieve its true objectives. It also leads to increased success factors in marriage and fewer breakdowns in Pakistan. Furthermore, this study also analyzes the contemporary juridical approach to the marriage contract. It, finally, brings recommendations to review the marriage laws of Pakistan. This paper follows qualitative and descriptive research methodology along with an analytical research method.

<b>Aim:</b> The article presents the development of a plan of action aimed at increasing public awareness of strategies to counteract domestic violence within the family in Kazakhstan. Project objective was to draw public attention to a problem of the cruel and harmful treatment of children and to create in the society of a viewpoint in which cases of violence towards, and the ill-treatment of children becomes unacceptable and the life and wellbeing of each person, irrespective of age, level of development and social status, are highly significant and valuable and a priority in all respects, always and everywhere. <b>Methods:</b> The methodology of comparative-historical research; the methodology and technology of social research; social forecasting and design; a systemic and structurally functional approach in combination with a comparative-historical method and the analysis of statistical data, and also the study of the official documents characterizing policies of the international community and the state of Kazakhstan: legal regulation etc.; interdisciplinary methodology, mathematical and statistical methods and software for the handling of social information; content analysis and the high-quality analysis of documents; methods of comparative researches. Violence within the family – a universal phenomenon which is found throughout the world in different peoples and in different cultures. Violence in one form or another is observed in one in every four families. These figures prove that in Kazakhstan the problem of violence towards women is particularly acute. Today in 89 states including Kazakhstan, there are laws which are directly directed to combatting violence within a family unit. Despite this, an increase in the quantity of acts of violence against children is observed. The problem of child abuse is spread worldwide and concerns children from birth to 18 years of age. The available data on violence against minors is not complete, just as many cases of child abuse remain unreported. <b>Results:</b> – educational and methodical materials according to international standards are developed; – the studying of a condition of a problem in Kazakhstan at the legislative level and in practice continues; – the public are informed about violence within the family unit; – stereotypes concerning violence in a family change; – targeted groups of people who have undergone violence with the family, or those who are in a social dysfunctional family are trained. <b>Conclusion:</b> The practical importance of research consists in a possibility of the use of its results in the field of pedagogics, psychology, sociology, cultures and stories. Materials can be useful to social employees, journalists, political scientists, social engineers, teachers, students and undergraduates of universities. Recommendations: The results of research can be integrated into education and educational processes. The experience of Kazakhstan in the counteraction of violence within the family can be provided as an aid to the studying of the matter on the Euroasian space where people of different faiths and nationalities live and there are specifics and features of both eastern and western education.

Contemporary society is concerned about successful functioning of its members and their effective participation in social interrelations therefore the adaptation of children living in foster homes is perceived as a relevant social issue. In the context of developing democratic ideas increasing attention is being paid towards the problem of adaptive behavior and its development in children without parental care. It is influenced by important social, political, value and legal changes having occurred in the last several decades in Lithuania in a context of which the attitude towards children without parental care, their social status, foster care and development is also changing. While adopting more laws and resolutions on the issues of child’s foster care, development and healthcare there appear more possibilities to solve a lot of relevant questions in child foster care and training institutions. In the context of democracy increasing attention is paid towards social integration of children living in foster institutions, their involvement and participation into social life. The goals and objectives of Lithuanian educational system reflect the intention to prepare a person for life, who is able to analyze reality individually or with other people, also adequately deal with the problems, plan the future and successfully adapt to the constantly changing, dynamic society. These objectives allow to discover a variety of aspects of the organization of educational activities in foster homes. The problematic issue arises while preparing foster home pupils for independent living: Are the educational system and conditions at foster homes sufficient and adequate in process of preparation for independent life? The article actualizes the educational significance of preparing teenagers for independent life. Interviews with foster home staff evaluate the current situation of foster homes, disclose the education system, work achievements (strengths), discuss the developmental problems and identify deficiencies of preparation for independent living in foster homes. The aim – to assess the preparation of foster home pupils for independent living within the context of foster homes, revealing the positive and improvable aspects of the foster home educator’s point of view. Analyzing the features of foster home preparation for independent living in care institutions, the study involved 17 foster home staff, based on their opinion about their personal work experiences and points of view. In order to understand home educational activities, to review the pupils’ preparation for independent living opportunities, educational reality, to find out and identify problems, provide opportunities for improving the situation, the interview method was used. Instant analysis revealed that home care workers initiated a variety of activities: encourage children to solve problems, analyze situations and make decisions. It is also practiced by demonstration of adult example, analyzing the situation and promoting the search for solutions. Workshops are organized, situations and educational environment is created in which the pupils are encouraged to act independently, provide practical training skills that enable learners to try themselves in different activities (household work, cooking, etc.). However, according to the assessment of the current situation in foster homes, it is clear that there are not optimal functions performed by the formation of practical skills and preparing for independent living of children without parental care. Interviews revealed that foster homes lack „real practices“ when most children are able to buy food, count the money, pay for services, cook, and independence is developed mostly by the potential circumstances. Comments on the survey suggest that the lack of practical activities, funding and real-world examples in foster homes prevent realization of the set goals, implement ideas for youngsters to prepare for independent living, to acquire domestic skills and do not create conditions for independent personal development (learning). Discussing the opportunities for improvement of foster home preparation for independent living, almost unanimously expressed material financial base and the improvement of household demand. Foster home staff believes that the conditions under which pupils can cook themselves face with the real everyday life, keep their own budgets, learn, acquire new knowledge or skills may be one of the most successful assumptions for training (learning) to live independently when they came out foster homes.

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

As the single most successful social-networking Website to date, Facebook has caused a shift in both practice and perception of online socialisation, and its relationship to the offline world. While not the first online social networking service, Facebook’s user base dwarfs its nearest competitors. Mark Zuckerberg’s creation boasts more than 750 million users (Facebook). The currently ailing MySpace claimed a ceiling of 100 million users in 2006 (Cashmore). Further, the accuracy of this number has been contested due to a high proportion of fake or inactive accounts. Facebook by contrast, claims 50% of its user base logs in at least once a day (Facebook). The popular and mainstream uptake of Facebook has shifted social use of the Internet from various and fragmented niche groups towards a common hub or portal around which much everyday Internet use is centred. The implications are many, but this paper will focus on the progress what Mimi Marinucci terms the “Facebook effect” (70) and the evolution of lists as a filtering mechanism representing one’s social zones within Facebook. This is in part inspired by the launch of Google’s new social networking service Google+ which includes “circles” as a fundamental design feature for sorting contacts. Circles are an acknowledgement of the shortcomings of a single, unified friends list that defines the Facebook experience. These lists and circles are both manifestations of the same essential concept: our social lives are, in fact, divided into various zones not defined by an online/offline dichotomy, by fantasy role-play, deviant sexual practices, or other marginal or minority interests. What the lists and circles demonstrate is that even very common, mainstream people occupy different roles in everyday life, and that to be effective social tools, social networking sites must grant users control over their various identities and over who knows what about them. Even so, the very nature of computer-based social tools lead to problematic definitions of identities and relationships using discreet terms, in contrast to more fluid, performative constructions of an individual and their relations to others. Building the Monolith In 1995, Sherry Turkle wrote that “the Internet has become a significant social laboratory for experimenting with the constructions and reconstructions of self that characterize postmodern life” (180). Turkle describes the various deliberate acts of personnae creation possible online in contrast to earlier constraints placed upon the “cycling through different identities” (179). In the past, Turkle argues, “lifelong involvement with families and communities kept such cycling through under fairly stringent control” (180). In effect, Turkle was documenting the proliferation of identity games early adopters of Internet technologies played through various means. Much of what Turkle focused on were MUDs (Multi-User Dungeons) and MOOs (MUD Object Oriented), explicit play-spaces that encouraged identity-play of various kinds. Her contemporary Howard Rheingold focused on what may be described as the more “true to life” communities of the WELL (Whole Earth ‘Lectronic Link) (1–38). In particular, Rheingold explored a community established around the shared experience of parenting, especially of young children. While that community was not explicitly built on the notion of role-play, the parental identity was an important quality of community members. Unlike contemporary social media networks, these early communities were built on discreet platforms. MUDs, MOOs, Bulletin Board Systems, UseNet Groups and other early Internet communication platforms were generally hosted independently of one another, and even had to be dialled into via modem separately in some cases (such as the WELL). The Internet was a truly disparate entity in 1995. The discreetness of each community supported the cordoning off of individual roles or identities between them. Thus, an individual could quite easily be “Pete” a member of the parental WELL group and “Gorak the Destroyer,” a role-player on a fantasy MUD without the two roles ever being associated with each other. As Turkle points out, even within each MUD ample opportunity existed to play multiple characters (183–192). With only a screen name and associated description to identify an individual within the MUD environment, nothing technical existed to connect one player’s multiple identities, even within the same community. As the Internet has matured, however, the tendency has been shifting towards monolithic hubs, a notion of collecting all of “the Internet” together. From a purely technical and operational perspective, this has led to the emergence of the ISP (Internet service provider). Users can make a connection to one point, and then be connected to everything “on the Net” instead of individually dialling into servers and services one at a time as was the case in the early 1980s with companies such as Prodigy, the Source, CompuServe, and America On-Line (AOL). The early information service providers were largely walled gardens. A CompuServe user could only access information on the CompuServe network. Eventually the Internet became the network of choice and services migrated to it. Standards such as HTTP for Web page delivery and SMTP for email became established and dominate the Internet today. Technically, this has made the Internet much easier to use. The services that have developed on this more rationalised and unified platform have also tended toward monolithic, centralised architectures, despite the Internet’s apparent fundamental lack of a hierarchy. As the Internet replaced the closed networks, the wider Web of HTTP pages, forums, mailing lists and other forms of Internet communication and community thrived. Perhaps they required slightly more technological savvy than the carefully designed experience of walled-garden ISPs such as AOL, but these fora and IRC (Internet Relay Chat) rooms still provided the discreet environments within which to role-play. An individual could hold dozens of login names to as many different communities. These various niches could be simply hobby sites and forums where a user would deploy their identity as model train enthusiast, musician, or pet owner. They could also be explicitly about role-play, continuing the tradition of MUDs and MOOs into the new millennium. Pseudo- and polynymity were still very much part of the Internet experience. Even into the early parts of the so-called Web 2.0 explosion of more interactive Websites which allowed for easier dialog between site owner and viewer, a given identity would be very much tied to a single site, blog or even individual comments. There was no “single sign on” to link my thread from a music forum to the comments I made on a videogame blog to my aquarium photos at an image gallery site. Today, Facebook and Google, among others, seek to change all that. The Facebook Effect Working from a psychological background Turkle explored the multiplicity of online identities as a valuable learning, even therapeutic, experience. She assessed the experiences of individuals who were coming to terms with aspects of their own personalities, from simple shyness to exploring their sexuality. In “You Can’t Front on Facebook,” Mimi Marinucci summarizes an analysis of online behaviour by another psychologist, John Suler (67–70). Suler observed an “online disinhibition effect” characterised by users’ tendency to express themselves more openly online than offline (321). Awareness of this effect was drawn (no pun intended) into popular culture by cartoonist Mike Krahulik’s protagonist John Gabriel. Although Krahulik’s summation is straight to the point, Suler offers a more considered explanation. There are six general reasons for the online disinhibition effect: being anonymous, being invisible, the communications being out of sync, the strange sensation that a virtual interlocutor is all in the mind of the user, the general sense that the online world simply is not real and the minimisation of status and authority (321–325). Of the six, the notion of anonymity is most problematic, as briefly explored above in the case of AOL. The role of pseudonymity has been explored in more detail in Ruch, and will be considered with regard to Facebook and Google+ below. The Facebook effect, Marinucci argues, mitigates all six of these issues. Though Marinucci explains the mitigation of each factor individually, her final conclusion is the most compelling reason: “Facebook often facilitates what is best described as an integration of identities, and this integration of identities in turn functions as something of an inhibiting factor” (73). Ruch identifies this phenomenon as the “aggregation of identities” (219). Similarly, Brady Robards observes that “social network sites such as MySpace and Facebook collapse the entire array of social relationships into just one category, that of ‘Friend’” (20). Unlike earlier community sites, Ruch notes “Facebook rejects both the mythical anonymity of the Internet, but also the actual pseudo- or polynonymous potential of the technologies” (219). Essentially, Facebook works to bring the offline social world online, along with all the conventional baggage that accompanies the individual’s real-world social life. Facebook, and now Google+, present a hard, dichotomous approach to online identity: anonymous and authentic. Their socially networked individual is the “real” one, using a person’s given name, and bringing all (or as many as the sites can capture) their contacts from the offline world into the online one, regardless of context. The Facebook experience is one of “friending” everyone one has any social contact with into one homogeneous group. Not only is Facebook avoiding the multiple online identities that interested Turkle, but it is disregarding any multiplicity of identity anywhere, including any online/offline split. David Kirkpatrick reports Mark Zuckerberg’s rejection of this construction of identity is explained by his belief that “You have one identity … having two identities for yourself is an example of a lack of integrity” (199). Arguably, Zuckerberg’s calls for accountability through identity continue a perennial concern for anonymity online fuelled by “on the Internet no one knows you’re a dog” style moral panics. Over two decades ago Lindsy Van Gelder recounted the now infamous case of “Joan and Alex” (533) and Julian Dibbell recounted “a rape in cyberspace” (11). More recent anxieties concern the hacking escapades of Anonymous and LulzSec. Zuckerberg’s approach has been criticised by Christopher Poole, the founder of 4Chan—a bastion of Internet anonymity. During his keynote presentation at South by SouthWest 2011 Poole argued that Zuckerberg “equates anonymity with a lack of authenticity, almost a cowardice.” Yet in spite of these objections, Facebook has mainstream appeal. From a social constructivist perspective, this approach to identity would be satisfying the (perceived?) need for a mainstream, context-free, general social space online to cater for the hundreds of millions of people who now use the Internet. There is no specific, pre-defined reason to join Facebook in the way there is a particular reason to join a heavy metal music message board. Facebook is catering to the need to bring “real” social life online generally, with “real” in this case meaning “offline and pre-existing.” Very real risks of missing “real life” social events (engagements, new babies, party invitations etc) that were shared primarily via Facebook became salient to large groups of individuals not consciously concerned with some particular facet of identity performance. The commercial imperatives towards monolithic Internet and identity are obvious. Given that both Facebook and Google+ are in the business of facilitating the sale of advertising, their core business value is the demographic information they can sell to various companies for target advertising. Knowing a user’s individual identity and tastes is extremely important to those in the business of selling consumers what they currently want as well as predicting their future desires. The problem with this is the dawning realisation that even for the average person, role-playing is part of everyday life. We simply aren’t the same person in all contexts. None of the roles we play need to be particularly scandalous for this to be true, but we have different comfort zones with people that are fuelled by context. Suler proposes and Marinucci confirms that inhibition may be just as much part of our authentic self as the uninhibited expression experienced in more anonymous circumstances. Further, different contexts will inform what we inhibit and what we express. It is not as though there is a simple binary between two different groups and two different personal characteristics to oscillate between. The inhibited personnae one occupies at one’s grandmother’s home is a different inhibited self one plays at a job interview or in a heated discussion with faculty members at a university. One is politeness, the second professionalism, the third scholarly—yet they all restrain the individual in different ways. The Importance of Control over Circles Google+ is Google’s latest foray into the social networking arena. Its previous ventures Orkut and Google Buzz did not fare well, both were variously marred by legal issues concerning privacy, security, SPAM and hate groups. Buzz in particular fell afoul of associating Google accounts with users” real life identities, and (as noted earlier), all the baggage that comes with it. “One user blogged about how Buzz automatically added her abusive ex-boyfriend as a follower and exposed her communications with a current partner to him. Other bloggers commented that repressive governments in countries such as China or Iran could use Buzz to expose dissidents” (Novak). Google+ takes a different approach to its predecessors and its main rival, Facebook. Facebook allows for the organisation of “friends” into lists. Individuals can span more than one list. This is an exercise analogous to what Erving Goffman refers to as “audience segregation” (139). According to the site’s own statistics the average Facebook user has 130 friends, we anticipate it would be time-consuming to organise one’s friends according to real life social contexts. Yet without such organisation, Facebook overlooks the social structures and concomitant behaviours inherent in everyday life. Even broad groups offer little assistance. For example, an academic’s “Work People” list may include the Head of Department as well as numerous other lecturers with whom a workspace is shared. There are things one might share with immediate colleagues that should not be shared with the Head of Department. As Goffman states, “when audience segregation fails and an outsider happens upon a performance that was not meant for him, difficult problems in impression management arise” (139). By homogenising “friends” and social contexts users are either inhibited or run the risk of some future awkward encounters. Google+ utilises “circles” as its method for organising contacts. The graphical user interface is intuitive, facilitated by an easy drag and drop function. Use of “circles” already exists in the vocabulary used to describe our social structures. “List” by contrast reduces the subject matter to simple data. The utility of Facebook’s friends lists is hindered by usability issues—an unintuitive and convoluted process that was added to Facebook well after its launch, perhaps a reaction to privacy concerns rather than a genuine attempt to emulate social organisation. For a cogent breakdown of these technical and design problems see Augusto Sellhorn. Organising friends into lists is a function offered by Facebook, but Google+ takes a different approach: organising friends in circles is a central feature; the whole experience is centred around attempting to mirror the social relations of real life. Google’s promotional video explains the centrality of emulating “real life relationships” (Google). Effectively, Facebook and Google+ have adopted two different systemic approaches to dealing with the same issue. Facebook places the burden of organising a homogeneous mass of “friends” into lists on the user as an afterthought of connecting with another user. In contrast, Google+ builds organisation into the act of connecting. Whilst Google+’s approach is more intuitive and designed to facilitate social networking that more accurately reflects how real life social relationships are structured, it suffers from forcing direct correlation between an account and the account holder. That is, use of Google+ mandates bringing online the offline. Google+ operates a real names policy and on the weekend of 23 July 2011 suspended a number of accounts for violation of Google’s Community Standards. A suspension notice posted by Violet Blue reads: “After reviewing your profile, we determined the name you provided violates our Community Standards.” Open Source technologist Kirrily Robert polled 119 Google+ users about their experiences with the real names policy. The results posted to her on blog reveal that users desire pseudonymity, many for reasons of privacy and/or safety rather than the lack of integrity thought by Zuckerberg. boyd argues that Google’s real names policy is an abuse of power and poses danger to those users employing “nicks” for reasons including being a government employment or the victim of stalking, rape or domestic abuse. A comprehensive list of those at risk has been posted to the Geek Feminism Wiki (ironically, the Wiki utilises “Connect”, Facebook’s attempt at a single sign on solution for the Web that connects users’ movements with their Facebook profile). Facebook has a culture of real names stemming from its early adopters drawn from trusted communities, and this culture became a norm for that service (boyd). But as boyd also points out, “[r]eal names are by no means universal on Facebook.” Google+ demands real names, a demand justified by rhetoric of designing a social networking system that is more like real life. “Real”, in this case, is represented by one’s given name—irrespective of the authenticity of one’s pseudonym or the complications and dangers of using one’s given name. Conclusion There is a multiplicity of issues concerning social networks and identities, privacy and safety. This paper has outlined the challenges involved in moving real life to the online environment and the contests in trying to designate zones of social context. Where some earlier research into the social Internet has had a positive (even utopian) feel, the contemporary Internet is increasingly influenced by powerful and competing corporations. As a result, the experience of the Internet is not necessarily as flexible as Turkle or Rheingold might have envisioned. Rather than conducting identity experimentation or exercising multiple personnae, we are increasingly obligated to perform identity as it is defined by the monolithic service providers such as Facebook and Google+. This is not purely an indictment of Facebook or Google’s corporate drive, though they are obviously implicated, but has as much to do with the new social practice of “being online.” So, while there are myriad benefits to participating in this new social context, as Poole noted, the “cost of failure is really high when you’re contributing as yourself.” Areas for further exploration include the implications of Facebook positioning itself as a general-purpose user authentication tool whereby users can log into a wide array of Websites using their Facebook credentials. If Google were to take a similar action the implications would be even more convoluted, given the range of other services Google offers, from GMail to the Google Checkout payment service. While the monolithic centralisation of these services will have obvious benefits, there will be many more subtle problems which must be addressed. References Blue, Violet. “Google Plus Deleting Accounts en Masse: No Clear Answers.” zdnet.com (2011). 10 Aug. 2011 ‹http://www.zdnet.com/blog/violetblue/google-plus-deleting-accounts-en-masse-no-clear-answers/56›. boyd, danah. “Real Names Policies Are an Abuse of Power.” zephoria.org (2011). 10 Aug. 2011 ‹http://www.zephoria.org/thoughts/archives/2011/08/04/real-names.html›. Cashmore, Pete. “MySpace Hits 100 Million Accounts.” mashable.com (2006). 10 Aug. 2011 ‹http://mashable.com/2006/08/09/myspace-hits-100-million-accounts›. Dibble, Julian. My Tiny Life: Crime and Passion in a Virtual World. New York: Henry Holt & Company, 1998. Facebook. “Fact Sheet.” Facebook (2011). 10 Aug. 2011 ‹http://www.facebook.com/press/info.php?statistic›. Geek Feminism Wiki. “Who Is Harmed by a Real Names Policy?” 2011. 10 Aug. 2011 ‹http://geekfeminism.wikia.com/wiki/Who_is_harmed_by_a_%22Real_Names%22_policy› Goffman, Erving. The Presentation of Self in Everyday Life. London: Penguin, 1959. Google. “The Google+ Project: Explore Circles.” Youtube.com (2011). 10 Aug. 2011 ‹http://www.youtube.com/watch?v=ocPeAdpe_A8›. Kirkpatrick, David. The Facebook Effect. New York: Simon & Schuster, 2010. Marinucci, Mimi. “You Can’t Front on Facebook.” Facebook and Philosophy. Ed. Dylan Wittkower. Chicago & La Salle, Illinois: Open Court, 2010. 65–74. Novak, Peter. “Privacy Commissioner Reviewing Google Buzz.” CBC News: Technology and Science (2010). 10 Aug. 2011 ‹http://www.cbc.ca/news/technology/story/2010/02/16/google-buzz-privacy.html›. Poole, Christopher. Keynote presentation. South by SouthWest. Texas, Austin, 2011. Robards, Brady. “Negotiating Identity and Integrity on Social Network Sites for Educators.” International Journal for Educational Integrity 6.2 (2010): 19–23. Robert, Kirrily. “Preliminary Results of My Survey of Suspended Google Accounts.” 2011. 10 Aug. 2011 ‹http://infotrope.net/2011/07/25/preliminary-results-of-my-survey-of-suspended-google-accounts/›. Rheingold, Howard. The Virtual Community: Homesteading on the Electronic Frontier. New York: Harper Perennial, 1993. Ruch, Adam. “The Decline of Pseudonymity.” Posthumanity. Eds. Adam Ruch and Ewan Kirkland. Oxford: Inter-Disciplinary.net Press, 2010: 211–220. Sellhorn, Augusto. “Facebook Friend Lists Suck When Compared to Google+ Circles.” sellmic.com (2011). 10 Aug. 2011 ‹http://sellmic.com/blog/2011/07/01/facebook-friend-lists-suck-when-compared-to-googleplus-circles›. Suler, John. “The Online Disinhibition Effect.” CyberPsychology and Behavior 7 (2004): 321–326. Turkle, Sherry. Life on the Screen: Identity in the Age of the Internet. New York: Simon & Schuster, 1995. Van Gelder, Lindsy. “The Strange Case of the Electronic Lover.” Computerization and Controversy: Value Conflicts and Social Choices Ed. Rob Kling. New York: Academic Press, 1996: 533–46.

This paper argues that illegitimacy is a concept that relates to almost all of the fundamental ways in which Western society has traditionally organised itself. Sex, family and marriage, and the power of the church and state, are all implicated in the various ways in which society reproduces itself from generation to generation. All employ the concepts of legitimacy and illegitimacy to define what is and what is not permissible. Further, the creation of the illegitimate can occur in more or less legitimate ways; for example, through acts of consent, on the one hand; and force, on the other. This paper uses the study of an English Renaissance text, Shakespeare’s Henry V, to argue that these concepts remain potent ones, regularly invoked as a means of identifying and denouncing perceived threats to the good ordering of the social fabric. In western societies, many of which may be constructed as post-marriage, illegitimate is often applied as a descriptor to unlicensed migrants, refugees and asylum seekers. In countries subject to war and conflict, rape as a war crime is increasingly used by armies to create fractures within the subject community and to undermine the paternity of a cohort of children. In societies where extramarital sex is prohibited, or where rape has been used as a weapon of war, the bastard acts as physical evidence that an unsanctioned act has been committed and the laws of society broken, a “failure in social control” (Laslett, Oosterveen and Smith, 5). This paper explores these themes, using past conceptions of the illegitimate and bastardy as an explanatory concept for problematic aspects of legitimacy in contemporary culture.Bastardy was a particularly important issue in sixteenth and seventeenth century Europe when an individual’s genealogy was a major determining factor of social status, property and identity (MacFarlane). Further, illegitimacy was not necessarily an aspect of a person’s birth. It could become a status into which they were thrust through the use of divorce, for example, as when Henry VIII illegitimised his daughter Mary after annulling his marriage to Mary’s mother, Catherine of Aragon. Alison Findlay’s study of illegitimacy in Renaissance literature lists over 70 portrayals of illegitimacy, or characters threatened with illegitimacy, between 1588 and 1652 (253–257). In addition to illegitimacy at an individual level however, discussions around what constitutes the “illegitimate” figure in terms of its relationship with the family and the wider community, are also applicable to broader concerns over national identity. In work such as Stages of History, Phyllis Rackin dissected images of masculine community present in Shakespeare’s history plays to expose underlying tensions over gender, power and identity. As the study of Henry V indicates in the following discussion, illegitimacy was also a metaphor brought to bear on issues of national as well as personal identity in the early modern era. The image of the nation as a “family” to denote unity and security, both then and now, is rendered complex and problematic by introducing the “illegitimate” into that nation-family image. The rhetoric used in the recent debate over the Scottish independence referendum, and in Australia’s ongoing controversy over “illegitimate” migration, both indicate that the concept of a “national bastard”, an amorphous figure that resists precise definition, remains a potent rhetorical force. Before turning to the detail of Henry V, it is useful to review the use of “illegitimate” in the early modern context. Lacking an established position within a family, a bastard was in danger of being marginalised and deprived of any but the most basic social identity. If acknowledged by a family, the bastard might become a drain on that family’s economic resources, drawing money away from legitimate children and resented accordingly. Such resentment may be reciprocated. In his essay “On Envy” the scientist, author, lawyer and eventually Lord Chancellor of England Francis Bacon explained the destructive impulse of bastardy as follows: “Deformed persons, and eunuchs, and old men, and bastards, are envious. For he that cannot possibly mend his own case will do what he can to impair another’s.” Thus, bastardy becomes a plot device which can be used to explain and to rationalise evil. In early modern English literature, as today, bastardy as a defect of birth is only one meaning for the word. What does “in everything illegitimate” (quoting Shakespeare’s character Thersites in Troilus and Cressida [V.viii.8]) mean for our understanding of both our own society and that of the late sixteenth century? Bastardy is an important ideologeme, in that it is a “unit of meaning through which the ‘social space’ constructs the ideological values of its signs” (Schleiner, 195). In other words, bastardy has an ideological significance that stretches far beyond a question of parental marital status, extending to become a metaphor for national as well as personal loss of identity. Anti-Catholic polemicists of the early sixteenth century accused priests of begetting a generation of bastards that would overthrow English society (Fish, 7). The historian Polydore Vergil was accused of suborning and bastardising English history by plagiarism and book destruction: “making himself father to other men’s works” (Hay, 159). Why is illegitimacy so important and so universal a metaphor? The term “bastard” in its sense of mixture or mongrel has been applied to language, to weaponry, to almost anything that is a distorted but recognisable version of something else. As such, the concept of bastardy lends itself readily to the rhetorical figure of metaphor which, as the sixteenth century writer George Puttenham puts it, is “a kind of wresting of a single word from his owne right signification, to another not so natural, but yet of some affinitie or coueniencie with it” (Puttenham, 178). Later on in The Art of English Poesie, Puttenham uses the word “bastard” to describe something that can best be recognised as being an imperfect version of something else: “This figure [oval] taketh his name of an egge […] and is as it were a bastard or imperfect rounde declining toward a longitude.” (101). “Bastard” as a descriptive term in this context has meaning because it connects the subject of discussion with its original. Michael Neill takes an anthropological approach to the question of why the bastard in early modern drama is almost invariably depicted as monstrous or evil. In “In everything illegitimate: Imagining the Bastard in Renaissance Drama,” Neill argues that bastards are “filthy”, using the term as it is construed by Mary Douglas in her work Purity and Danger. Douglas argues that dirt is defined by being where it should not be, it is “matter in the wrong place, belonging to ‘a residual category, rejected from our normal scheme of classifications,’ a source of fundamental pollution” (134). In this argument the figure of the bastard aligns strongly with the concept of the Other (Said). Arguably, however, the anthropologist Edmund Leach provides a more useful model to understand the associations of hybridity, monstrosity and bastardy. In “Animal Categories and Verbal Abuse”, Leach asserts that our perceptions of the world around us are largely based on binary distinctions; that an object is one thing, and is not another. If an object combines attributes of itself with those of another, the interlapping area will be suppressed so that there may be no hesitation in discerning between them. This repressed area, the area which is neither one thing nor another but “liminal” (40), becomes the object of fear and of fascination: – taboo. It is this liminality that creates anxiety surrounding bastards, as they occupy the repressed, “taboo” area between family and outsiders. In that it is born out of wedlock, the bastard child has no place within the family structure; yet as the child of a family member it cannot be completely relegated to the external world. Michael Neill rightly points out the extent to which the topos of illegitimacy is associated with the disintegration of boundaries and a consequent loss of coherence and identity, arguing that the bastard is “a by-product of the attempt to define and preserve a certain kind of social order” (147). The concept of the liminal figure, however, recognises that while a by-product can be identified and eliminated, a bastard can neither be contained nor excluded. Consequently, the bastard challenges the established order; to be illegitimate, it must retain its connection with the legitimate figure from which it diverges. Thus the illegitimate stands as a permanent threat to the legitimate, a reminder of what the legitimate can become. Bastardy is used by Shakespeare to indicate the fear of loss of national as well as personal identity. Although noted for its triumphalist construction of a hero-king, Henry V is also shot through with uncertainties and fears, fears which are frequently expressed using illegitimacy as a metaphor. Notwithstanding its battle scenes and militarism, it is the lawyers, genealogists and historians who initiate and drive forward the narrative in Henry V (McAlindon, 435). The reward of the battle for Henry is not so much the crown of France as the assurance of his own legitimacy as monarch. The lengthy and legalistic recital of genealogies with which the Archbishop of Canterbury proves to general English satisfaction that their English king Henry holds a better lineal right to the French throne than its current occupant may not be quite as “clear as is the summer sun” (Henry V 1.2.83), but Henry’s question about whether he may “with right and conscience” make his claim to the French throne elicits a succinct response. The churchmen tell Henry that, in order to demonstrate that he is truly the descendant of his royal forefathers, Henry will need to validate that claim. In other words, the legitimacy of Henry’s identity, based on his connection with the past, is predicated on his current behaviour:Gracious lord,Stand for your own; unwind your bloody flag;Look back into your mighty ancestors:Go, my dread lord, to your great-grandsire’s tomb,From whom you claim; invoke his warlike spirit…Awake remembrance of these valiant dead,And with your puissant arm renew their feats:You are their heir, you sit upon their throne,The blood and courage that renowned themRuns in your veins….Your brother kings and monarchs of the earthDo all expect that you should rouse yourselfAs did the former lions of your blood. (Henry V 1.2.122 – 124)These exhortations to Henry are one instance of the importance of genealogy and its immediate connection to personal and national identity. The subject recurs throughout the play as French and English characters both invoke a discourse of legitimacy and illegitimacy to articulate fears of invasion, defeat, and loss of personal and national identity. One particular example of this is the brief scene in which the French royalty allow themselves to contemplate the prospect of defeat at the hands of the English:Fr. King. ‘Tis certain, he hath pass’d the river Somme.Constable. And if he be not fought withal, my lord,Let us not live in France; let us quit all,And give our vineyards to a barbarous people.Dauphin. O Dieu vivant! shall a few sprays of us,The emptying of our fathers’ luxury,Our scions, put in wild and savage stock,Spirt up so suddenly into the clouds,And overlook their grafters?Bourbon. Normans, but bastard Normans, Norman bastards!...Dauphin. By faith and honour,Our madams mock at us, and plainly sayOur mettle is bred out; and they will giveTheir bodies to the lust of English youthTo new-store France with bastard warriors. (Henry V 3.5.1 – 31).Rape and sexual violence pervade the language of Henry V. France itself is constructed as a sexually vulnerable female with “womby vaultages” and a “mistress-court” (2.4.131, 140). In one of his most famous speeches Henry graphically describes the rape and slaughter that accompanies military defeat (3.3). Reading Henry V solely in terms of its association of military conquest with sexual violence, however, runs the risk of overlooking the image of bastards themselves as both the threat and the outcome of national defeat. The lines quoted above exemplify the extent to which illegitimacy was a vital metaphor within early modern discourses of national as well as personal identity. Although the lines are divided between various speakers – the French King, Constable (representing the law), Dauphin (the Crown Prince) and Bourbon (representing the aristocracy) – the images develop smoothly and consistently to express English dominance and French subordination, articulated through images of illegitimacy.The dialogue begins with the most immediate consequence of invasion and of illegitimacy: the loss of property. Legitimacy, illegitimacy and property were so closely associated that a case of bastardy brought to the ecclesiastical court that did not include a civil law suit about land was referred to as a case of “bastardy speciall”, and the association between illegitimacy and property is present in this speech (Cowell, 14). The use of the word “vine” is simultaneously a metonym for France and a metaphor for the family, as in the “family tree”, conflating the themes of family identity and national identity that are both threatened by the virile English forces.As the dialogue develops, the rhetoric becomes more elaborate. The vines which for the Constable (from a legal perspective) represented both France and French families become instead an attempt to depict the English as being of a subordinate breed. The Dauphin’s brief narrative of the English origins refers to the illegitimate William the Conqueror, bastard son of the Duke of Normandy and by designating the English as being descendants of a bastard Frenchman the Dauphin attempts to depict the English nation as originating from a superabundance of French virility; wild offshoots from a true stock. Yet “grafting” one plant to another can create a stronger plant, which is what has happened here. The Dauphin’s metaphors, designed to construct the English as an unruly and illegitimate offshoot of French society, a product of the overflowing French virility, evolve instead into an emblem of a younger, stronger branch which has overtaken its enfeebled origins.In creating this scene, Shakespeare constructs the Frenchmen as being unable to contain the English figuratively, still less literally. The attempts to reduce the English threat by imagining them as “a few sprays”, a product of casual sexual excess, collapses into Bourbon’s incoherent ejaculation: “Normans, but bastard Normans, Norman bastards!” and the Norman bastard dominates the conclusion of the scene. Instead of containing and marginalising the bastard, the metaphoric language creates and acknowledges a threat which cannot be marginalised. The “emptying of luxury” has engendered an uncontrollable illegitimate who will destroy the French nation beyond any hope of recovery, overrunning France with bastards.The scene is fascinating for its use of illegitimacy as a means of articulating fears not only for the past and present but also for the future. The Dauphin’s vision is one of irreversible national and familial disintegration, irreversible because, unlike rape, the French women’s imagined rejection of their French families and embrace of the English conquerors implies a total abandonment of family origins and the willing creation of a new, illegitimate dynasty. Immediately prior to this scene the audience has seen the Dauphin’s fear in action: the French princess Katherine is shown learning to speak English as part of her preparation for giving her body to a “bastard Norman”, a prospect which she anticipates with a frisson of pleasure and humour, as well as fear. This scene, between Katherine and her women, evokes a range of powerful anxieties which appear repeatedly in the drama and texts of the sixteenth and early seventeenth centuries: anxieties over personal and national identity, over female chastity and masculine authority, and over continuity between generations. Peter Laslett in The World We Have Lost – Further Explored points out that “the engendering of children on a scale which might threaten the social structure was never, or almost never, a present possibility” (154) at this stage of European history. This being granted, the Dauphin’s depiction of such a “wave” of illegitimates, while it might have no roots in reality, functioned as a powerful image of disorder. Illegitimacy as a threat and as a strategy is not limited to the renaissance, although a study of renaissance texts offers a useful guidebook to the use of illegitimacy as a means of polarising and excluding. Although as previously discussed, for many Western countries, the marital status of one’s parents is probably the least meaningful definition associated with the word “illegitimate”, the concept of the nation as a family remains current in modern political discourse, and illegitimate continues to be a powerful metaphor. During the recent independence referendum in Scotland, David Cameron besought the Scottish people not to “break up the national family”; at the same time, the Scottish Nationalists have been constructed as “ungrateful bastards” for wishing to turn their backs on the national family. As Klocker and Dunne, and later O’Brien and Rowe, have demonstrated, the emotive use of words such as “illegitimate” and “illegal” in Australian political rhetoric concerning migration is of long standing. Given current tensions, it might be timely to call for a further and more detailed study of the way in which the term “illegitimate” continues to be used by politicians and the media to define, demonise and exclude certain types of would-be Australian immigrants from the collective Australian “national family”. Suggestions that persons suspected of engaging with terrorist organisations overseas should be stripped of their Australian passports imply the creation of national bastards in an attempt to distance the Australian community from such threats. But the strategy can never be completely successful. Constructing figures as bastard or the illegitimate remains a method by which the legitimate seeks to define itself, but it also means that the bastard or illegitimate can never be wholly separated or cast out. In one form or another, the bastard is here to stay.ReferencesBeardon, Elizabeth. “Sidney's ‘Mongrell Tragicomedy’ and Anglo-Spanish Exchange in the New Arcadia.” Journal for Early Modern Cultural Studies 10 (2010): 29 - 51.Davis, Kingsley. “Illegitimacy and the Social Structure.” American Journal of Sociology 45 (1939).John Cowell. The Interpreter. Cambridge: John Legate, 1607.Greenblatt, Stephen. Renaissance Self-Fashioning: From More to Shakespeare. 1980. Chicago: University of Chicago Press, 2005.Findlay, Alison. Illegitimate Power: Bastards in Renaissance Drama. Manchester: Manchester University Press, 2009.Hay, Denys. Polydore Vergil: Renaissance Historian and Man of Letters. Oxford: Clarendon Press, 1952.Laslett, Peter. The World We Have Lost - Further Explored. London: Methuen, 1983.Laslett, P., K. Oosterveen, and R. M. Smith, eds. Bastardy and Its Comparative History. London: Edward Arnold, 1980.Leach, Edmund. “Anthropological Aspects of Language: Animal Categories and Verbal Abuse.” E. H. Lennenberg, ed. New Directives in the Study of Language. MIT Press, 1964. 23-63. MacFarlane, Alan. The Origins of English Individualism: The Family Property and Social Transition Oxford: Basil Blackwell, 1978.Mclaren, Ann. “Monogamy, Polygamy and the True State: James I’s Rhetoric of Empire.” History of Political Thought 24 (2004): 446 – 480.McAlindon, T. “Testing the New Historicism: “Invisible Bullets” Reconsidered.” Studies in Philology 92 (1995):411 – 438.Neill, Michael. Putting History to the Question: Power, Politics and Society in English Renaissance Drama. New York: Columbia University Press, 2000.Pocock, J.G.A. Virtue, Commerce and History: Essays on English Political Thought and History, Chiefly in the Eighteenth Century. Cambridge: Cambridge University Press, 1985. Puttenham, George. The Arte of English Poesie. Ed. Gladys Doidge Willcock and Alice Walker. Cambridge: Cambridge University Press, 1936.Reekie, Gail. Measuring Immorality: Social Inquiry and the Problem of Illegitimacy. Cambridge: Cambridge University Press, 1998. Rowe, Elizabeth, and Erin O’Brien. “Constructions of Asylum Seekers and Refugees in Australian Political Discourse”. In Kelly Richards and Juan Marcellus Tauri, eds., Crime Justice and Social Democracy: Proceedings of the 2nd International Conference. Brisbane: Queensland University of Technology, 2013.Schleiner, Louise. Tudor and Stuart Women Writers. Bloomington: Indiana University Press, 1994.Shakespeare, William. Henry V in The Norton Shakespeare. Ed. S. Greenblatt, W. Cohen, J.E. Howard, and Katharine Eisaman Maus. New York and London: Norton, 2008.

Photo by Jo-Anne McArthur on Unsplash ABSTRACT The UK-based campaign group Scrap Factory Farming has launched a legal challenge against industrial animal agriculture; the challenge is in the process of judicial review. While a fringe movement, Scrap Factory Farming has already accrued some serious backers, including the legal team of Michael Mansfield QC. The premise is that factory farming is a danger not just to animals or the environment but also to human health. According to its stated goals, governments should be given until 2025 to phase out industrialized “concentrated animal feeding organizations” (CAFOs) in favor of more sustainable and safer agriculture. This paper will discuss the bioethical issues involved in Scrap Factory Farming’s legal challenge and argue that an overhaul of factory farming is long overdue. INTRODUCTION A CAFO is a subset of animal feeding operations that has a highly concentrated animal population. CAFOs house at least 1000 beef cows, 2500 pigs, or 125,000 chickens for at least 45 days a year. The animals are often confined in pens or cages to use minimal energy, allowing them to put on as much weight as possible in as short a time. The animals are killed early relative to their total lifespans because the return on investment (the amount of meat produced compared to animal feed) is a curve of diminishing returns. CAFOs’ primary goal is efficiency: fifty billion animals are “processed” in CAFOs every year. The bioethical questions raised by CAFOs include whether it is acceptable to kill the animals, and if so, under what circumstances, whether the animals have rights, and what animal welfare standards should apply. While there are laws and standards in place, they tend to reflect the farm lobby and fail to consider broader animal ethics. Another critical issue applicable to industrial animal agriculture is the problem of the just distribution of scarce resources. There is a finite amount of food that the world can produce, which is, for the moment, approximately enough to go around.[1] The issue is how it goes around. Despite there being enough calories and nutrients on the planet to give all a comfortable life, these calories and nutrients are distributed such that there is excess and waste in much of the global North and rampant starvation and malnutrition in the global South. The problem of distribution can be solved in two ways: either by efficient and just distribution or by increasing net production (either increase productivity or decrease waste) so that even an inefficient and unjust distribution system will probably meet the minimum nutritional standards for all humans. This essay explores four bioethical fields (animal ethics, climate ethics, workers’ rights, and just distribution) as they relate to current industrial agriculture and CAFOs. l. Animal Ethics Two central paradigms characterize animal ethics: welfarism and animal rights. These roughly correspond to the classical frameworks of utilitarianism and deontology. Welfarists[2] hold the common-sense position that animals must be treated well and respected as individuals but do not have inalienable rights in the same ways as humans. A typical welfare position might be, “I believe that animals should be given the best life possible, but there is no inherent evil in using animals for food, so long as they are handled and killed humanely.” Animal rights theorists and activists, on the other hand, would say, “I believe non-human animals should be given the best lives possible, but we should also respect certain rights of theirs analogous to human rights: they should never be killed for food, experimented upon, etc.” Jeremy Bentham famously gave an early exposition of the animal rights case: “The question is not Can they reason?, nor Can they talk?, but Can they suffer? Why should the law refuse its protection to any sensitive being?” Those who take an animal welfare stance have grounds to oppose the treatment of animals in CAFOs as opposed to more traditional grass-fed animal agriculture. CAFOs cannot respect the natural behaviors or needs of animals who evolved socially for millions of years in open plains. If more space was allowed per animal or more time for socialization and other positive experiences in the animal’s life, the yield of the farm would drop. This is not commercially viable in a competitive industry like animal agriculture; thus, there is very little incentive for CAFOs to treat animals well. Rampant abuse is documented.[3] Acts of cruelty are routine: pigs often have teeth pulled and tails docked because they often go mad in their conditions and attempt to cannibalize each other; chickens have their beaks clipped to avoid them pecking at each other, causing immense pain; cows and bulls have their horns burned off to avoid them damaging others (as this damages the final meat product, too); male chicks that hatch in the egg industry are ground up in a macerator, un-anaesthetized, in the first 24 hours of their life as they will not go on to lay eggs. These practices vary widely among factory farms and among jurisdictions. Yet, arguably, the welfare of animals cannot be properly respected because all CAFOs fundamentally see animals as mere products-in-the-making instead of the complex, sentient, and emotional individuals science has repeatedly shown them to be.[4] ll. Climate Ethics The climate impact of farming animals is increasingly evident. Around 15-20 percent of human-made emissions come from animal agriculture.[5] and deforestation to create space for livestock grazing or growing crops to feed farm animals. An average quarter-pound hamburger uses up to six kilograms of feed, causes 66 square feet of deforestation, and uses up to 65 liters of water, with around 4kg of carbon emissions to boot – a majority of which come from the cattle themselves (as opposed to food processing or food miles).[6] According to environmentalist George Monbiot, “Even if you shipped bananas six times around the planet, their impact would be lower than local beef and lamb.”[7] The disparity between the impact of animal and plant-based produce is stark. Not all animal products are created equally. Broadly, there are two ways to farm animals: extensive or intensive farming. Extensive animal farming might be considered a “traditional” way of farming: keeping animals in large fields, as naturally as possible, often rotating them between different areas to not overgraze any one pasture. However, its efficiency is much lower than intensive farming – the style CAFOs use. Intensive animal farming is arguably more environmentally efficient. That is, CAFOs produce more output per unit of natural resource input than extensive systems do. However, environmental efficiency is relative rather than absolute, as the level of intensive animal agriculture leads to large-scale deforestation to produce crops for factory-farmed animals. CAFOs are also point-sources of pollution from the massive quantities of animal waste produced – around 1,000,000 tons per day in the US alone, triple the amount of all human waste produced per day – which has significant negative impacts on human health in the surrounding areas.[8] The environmental impacts of CAFOs must be given serious ethical consideration using new frameworks in climate ethics and bioethics. One example of a land ethic to guide thinking in this area is that “[it] is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.”[9] It remains to be seen whether CAFOs can operate in a way that respects and preserves “integrity, stability, and beauty” of their local ecosystem, given the facts above. The pollution CAFOs emit affects the surrounding areas. Hog CAFOs are built disproportionately around predominantly minority communities in North Carolina where poverty rates are high.[10] Animal waste carries heavy metals, infectious diseases, and antibiotic-resistant pathogens into nearby water sources and houses. lll. Workers’ Rights The poor treatment of slaughterhouse workers has been documented in the US during the COVID-19 pandemic, where, despite outbreaks of coronavirus among workers, the White House ordered that they remain open to maintain the supply of meat. The staff of slaughterhouses in the US is almost exclusively people with low socioeconomic status, ethnic minorities, and migrants.[11] Almost half of frontline slaughterhouse workers are Hispanic, and a quarter is Black. Additionally, half are immigrants, and a quarter comes from families with limited English proficiency. An eighth live in poverty, with around 45 percent below 200 percent of the poverty line. Only one-in-forty has a college degree or more, while one-in-six lacks health insurance. Employee turnover rates are around 200 percent per year.[12] Injuries are very common in the fast-moving conveyor belt environment with sharp knives, machinery, and a crowd of workers. OSHA found 17 cases of hospitalizations, two body part amputations per week, and loss of an eye every month in the American industrial meat industry. This is three times the workplace accident rate of the average American worker across all industries. Beef and pork workers are likely to suffer repetitive strain at seven times the rate of the rest of the population. One worker told the US Department of Agriculture (USDA) that “every co-worker I know has been injured at some point… I can attest that the line speeds are already too fast to keep up with. Please, I am asking you not to increase them anymore.”[13] Slaughterhouses pose a major risk to public health from zoonotic disease transmission. 20 percent of slaughterhouse workers interviewed in Kenya admit to slaughtering sick animals, which greatly increases the risk of transmitting disease either to a worker further down the production line or a consumer at the supermarket.[14] Moreover, due to poor hygienic conditions and high population density, animals in CAFOs are overfed with antibiotics. Over two-thirds of all antibiotics globally are given to animals in agriculture, predicted to increase by 66 percent by 2030.[15] The majority of these animals do not require antibiotics; their overuse creates a strong and consistent selection pressure on any present bacterial pathogens that leads to antibiotic resistance that could create devastating cross-species disease affecting even humans. The World Health Organization predicts that around 10 million humans per year could die of antibiotic-resistant diseases by 2050.[16] Many of these antibiotics are also necessary for human medical interventions, so antibiotics in animals have a tremendous opportunity cost. The final concern is that of zoonosis itself. A zoonotic disease is any disease that crosses the species boundary from animals to humans. According to the United Nations, 60 percent of all known infections and 75 percent of all emerging infections are zoonotic.[17] Many potential zoonoses are harbored in wild animals (particularly when wild animals are hunted and sold in wet markets) because of the natural biodiversity. However, around a third of zoonoses originate in domesticated animals, which is a huge proportion given the relative lack of diversity of the animals we choose to eat. Q fever, or “query fever,” is an example of a slaughterhouse-borne disease. Q fever has a high fatality rate when untreated that decreases to “just” 2 percent with appropriate treatment.[18] H1N1 (swine flu) and H5N1 (bird flu) are perhaps the most famous examples of zoonoses associated with factory farming. lV. Unjust Distribution The global distribution of food can cause suffering. According to research commissioned by the BBC, the average Ethiopian eats around seven kilograms of meat per year, and the average Rwandan eats eight.[19] This is a factor of ten smaller than the average European, while the average American clocks in at around 115 kilograms of meat per year. In terms of calories, Eritreans average around 1600kcal per day while most Europeans ingest double that. Despite enough calories on the planet to sustain its population, 25,000 people worldwide starve to death each day, 40 percent of whom are children. There are two ways to address the unjust distribution: efficient redistribution and greater net production, which are not mutually exclusive. Some argue that redistribution will lead to lower net productivity because it disincentivizes labor;[20] others argue that redistribution is necessary to respect human rights of survival and equality.[21] Instead of arguing this point, I will focus on people’s food choices and their effect on both the efficiency and total yield of global agriculture, as these are usually less discussed. Regardless of the metric used, animals always produce far fewer calories and nutrients (protein, iron, zinc, and all the others) than we feed them. This is true because of the conservation of mass. They cannot feasibly produce more, as they burn off and excrete much of what they ingest. The exact measurement of the loss varies based on the metric used. When compared to live weight, cows consume somewhere around ten times their weight. When it comes to actual edible weight, they consume up to 25 times more than we can get out of them. Cows are only around one percent efficient in terms of calorific production and four percent efficient in protein production. Poultry is more efficient, but we still lose half of all crops we put into them by weight and get out only a fifth of the protein and a tenth of the calories fed to them.[22] Most other animals lie somewhere in the middle of these two in terms of efficiency, but no animal is ever as efficient as eating plants before they are filtered through animals in terms of the nutritional value available to the world. Due to this inefficiency, it takes over 100 square meters to produce 1000 calories of beef or lamb compared to just 1.3 square meters to produce the same calories from tofu.[23] The food choices in the Western world, where we eat so much more meat than people eat elsewhere, are directly related to a reduction in the amount of food and nutrition in the rest of the world. The most influential theory of justice in recent times is John Rawls’ Original Position wherein stakeholders in an idealized future society meet behind a “veil of ignorance” to negotiate policy, not knowing the role they will play in that society. There is an equal chance of each policymaker ending up poverty-stricken or incredibly privileged; therefore, each should negotiate to maximize the outcome of all citizens, especially those worst-off in society, known as the “maximin” strategy. In this hypothetical scenario, resource distribution would be devised to be as just as possible and should therefore sway away from animal consumption. CONCLUSION Evidence is growing that animals of all sorts, including fish and certain invertebrates, feel pain in ways that people are increasingly inclined to respect, though still, climate science is more developed and often inspires more public passion than animal rights do. Workers’ rights and welfare in slaughterhouses have become mainstream topics of conversation because of the outbreaks of COVID-19 in such settings. Environmentalists note overconsumption in high-income countries, also shining a light on the starvation of much of the low-income population of the world. At the intersection of these bioethical issues lies the modern CAFO, significantly contributing to animal suffering, climate change, poor working conditions conducive to disease, and unjust distribution of finite global resources (physical space and crops). It is certainly time to move away from the CAFO model of agriculture to at least a healthy mixture of extensive agriculture and alternative (non-animal) proteins. - [1] Berners-Lee M, Kennelly C, Watson R, Hewitt CN; Current global food production is sufficient to meet human nutritional needs in 2050 provided there is radical societal adaptation. Elementa: Science of the Anthropocene. 6:52, 2018. DOI: https://doi.org/10.1525/elementa.310 [2] : Lund TB, Kondrup SV, Sandøe P. A multidimensional measure of animal ethics orientation – Developed and applied to a representative sample of the Danish public. PLoS ONE 14(2): e0211656. 2019. DOI: https://doi.org/10.1371/ journal.pone.0211656 [3] Fiber-Ostrow P & Lovell JS. Behind a veil of secrecy: animal abuse, factory farms, and Ag-Gag legislation, Contemporary Justice Review, 19:2, p230-249. 2016. DOI: 10.1080/10282580.2016.1168257 [4] Jones RC. Science, sentience, and animal welfare. Biol Philos 28, p1–30 2013. DOI: https://doi.org/10.1007/s10539-012-9351-1 [5] Twine R. Emissions from Animal Agriculture—16.5% Is the New Minimum Figure. Sustainability, 13, 6276. 2021. DOI: https://doi.org/ 10.3390/su13116276 [6] Capper JL. "Is the Grass Always Greener? Comparing the Environmental Impact of Conventional, Natural and Grass-Fed Beef Production Systems" Animals 2, no. 2: 127-143. 2012. DOI: https://doi.org/10.3390/ani2020127 [7] Monbiot, George. “In Trying to Reduce the Impact of Our Diets, … Their Impact Would Be Lower than Local Beef and Lamb.” Twitter, Twitter, 24 Jan. 2020, twitter.com/GeorgeMonbiot/status/1220691168012460032. [8] Copeland C. Resources, Science, and Industry Division. "Animal waste and water quality: EPA regulation of concentrated animal feeding operations (CAFOs)." Congressional Research Service, the Library of Congress, 2006. [9] Leopold A. A Sand County Almanac, and Sketches Here and There. 1949. [10] Nicole W. “CAFOs and environmental justice: the case of North Carolina.” Environmental health perspectives vol. 121:6. 2013: A182-9. DOI: 10.1289/ehp.121-a182 [11] Fremstad S, Brown H, Rho HJ. CEPR’s Analysis of American Community Survey, 2014-2018 5-Year Estimates. 2020. Accessed 08/06/21 at https://cepr.net/meatpacking-workers-are-a-diverse-group-who-need-better-protections [12] Broadway, MJ. "Planning for change in small towns or trying to avoid the slaughterhouse blues." Journal of Rural Studies 16:1. P37-46. 2000. [13] Wasley A. The Guardian. 2018. Accessed 08/06/2021 at https://www.theguardian.com/environment/2018/jul/05/amputations-serious-injuries-us-meat-industry-plant [14] Cook EA, de Glanville WA, Thomas LF, Kariuki S, Bronsvoort BM, Fèvre EM. Working conditions and public health risks in slaughterhouses in western Kenya. BMC Public Health. 17(1):14. 2017. DOI: 10.1186/s12889-016-3923-y. [15] Global trends in antimicrobial use in food animals. Van Boeckel TP, Brower C, Gilbert M, Grenfell BT, Levin SA, Robinson TP, Teillant A, Laxminarayan R. Proceedings of the National Academy of Sciences May 2015, 112 (18) 5649-5654; DOI: 10.1073/pnas.1503141112 [16] Resistance, IICGoA. "No Time to Wait: Securing the future from drug-resistant infections." Report to the Secretary-General of the United Nations: p1-36. 2019. [17] Espinosa R, Tago D, Treich N. Infectious Diseases and Meat Production. Environ Resource Econ 76, p1019–1044. 2020. https://doi.org/10.1007/s10640-020-00484-3 [18] “Q Fever Fact Sheet.” Pennsylvania Department of Health, 4 Jan. 2003. https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/Q%20Fever%20.pdf [19] Ritchie, Hannah. “Which Countries Eat the Most Meat?” BBC News, BBC, 4 Feb. 2019, www.bbc.co.uk/news/health-47057341. [20] Reynolds, Alan. “The Fundamental Fallacy of Redistribution.” Cato.org, 11 Feb. 2016, 1:22 pm, www.cato.org/blog/fundamental-fallacy-redistribution. [21] Patricia Justino Professor and Senior Research Fellow. “Welfare Works: Redistribution Is the Way to Create Less Violent, Less Unequal Societies.” The Conversation, 20 Aug. 2021, theconversation.com/welfare-works-redistribution-is-the-way-to-create-less-violent-less-unequal-societies-128807. [22] Cassidy E, et al, “Redefining Agricultural Yields: From Tonnes to People Nourished Per Hectare.” Environmental Research Letters, V. 8(3), p2-3. IOPScience. 2013, http://iopscience.iop.org/1748-9326/8/3/034015 [23] Poore J, Nemecek T. Reducing food’s environmental impacts through producers and consumers. Science, 360(6392), p987-992. 2018.

“No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.

In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers.
Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels.
First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity.
Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors.
We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.

Honourable Cassiem Saloojee, MP chaired the workshop. He noted that the workshop was intended to provide an opportunity to assess several recent research studies related to children and development in South Africa. People who had been invited included MPs, members of NGOs and CBOs and government officials. A list of participants is attached.

The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.

Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.

Street children in Central America are largely denied protection of their human rights. They live in difficult situations of poverty, inappropriate work and neglect, and thus are not able to enjoy most of their rights and basic needs.
The international framework for children's human rights law, composed primarily of the Convention on the Rights of the Child and the principles inherent to it, can be described as based on a doctrine of integral protection, a notion developed primarily by Central American legal scholars. At the same time, however, most Central American states ignore their obligations to conform their domestic legislation to these standards.
This thesis is meant to provide Central American countries with guidelines captured by a model referred to as UPPP2. Its main objective is for States to acknowledge that the plight of street children needs to be understood; prevented by adequate domestic legislation; and requires protection by effective implementation and provision of justice.