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CECIL'S DEATH Naira R. Matevosyan Naira R. Matevosyan
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Page 1: CECIL'S DEATH (by Naira Matevosyan)

CECIL'S DEATH

Naira R. MatevosyanNaira R. Matevosyan

Page 2: CECIL'S DEATH (by Naira Matevosyan)

Dostoyevksy's Dostoyevksy's prophecy turned prophecy turned to be wrong.to be wrong.

In fact,In fact, “beauty is “beauty is notnot saving the world.”saving the world.”

Page 3: CECIL'S DEATH (by Naira Matevosyan)

BEAUTY, THE KING

Lion is the King.

- It knows the lion, the lioness, and all members of the pride.

- It knows the entire Kilimanjaro.

It knew the “legal hunting club” in Zimbabwe, the business of which is basically based on spectating the agony toward the last heartbeat. Some name it a “sport.”

It knew the dentist, a “class-clown trophy-hunter” with a felony record in the U.S. for killing a black bear in Wisconsin back in 2006. [1]

(1) Cecil the lion: Zimbabwe hunter bailed over killing. http://www.bbc.com/news/world-us-canada-33699346

Page 4: CECIL'S DEATH (by Naira Matevosyan)

THE LAW OF THE GAMEGame laws are statutes that regulate the right to take or kill certain kinds of

fish and wild animal (game). Hunters, fishermen and lawmakers commonly agree that such laws aim to balance the needs for preservation, and to manage environment and populations of fish and game.

In Britain the game laws are developed from the forest laws, which where oppressive in times of the Norman kings and depended on the stance and standing. Under William the Conqueror, it was a crime to kill one of the king's deer as to kill one of his subjects. The British Black Act 1723, Night Poaching Act 1828 and Game Act 1831 still effect in modified form, enacting savage penalties for poaching.

In the United States each state has its own game law. The Lacey Act of 1900 is a national game law that gives the U.S Department of Agriculture certain powers regulating the importation of wild animals, birds or fishes. After the sharp increase of importation by 1910, Congress adopted the theory that the migratory birds are not local residents nor state property, but belong to the people at large. In 1913, Congress passed the Weeks–McLean Act that stopped shooting of wild fowl in the spring, which was especially prevalent in the Mississippi River Valley. Because of a constitutional weakness, this act was later replaced by the Migratory Bird Treaty Act of 1918.

Page 5: CECIL'S DEATH (by Naira Matevosyan)

HUNTING, THE SPORT

In the Unites States, the regulation of hunting is a statutory prejudice - part of the state's Police Power under the Tenth Amendment to the U.S. Constitution. [2]

Congress maintains statutes that regulate hunting on federal land. States may further regulate the federal lands located within their boundaries so long as their laws do not conflict with federal laws.

South Dakota (SD)and Georgia (GA) have hunting laws typically maintained by a state. In SD, for example, hunting is regulated by Title 41 of the South Dakota Codified Laws Annotated, Section 41-1-1 et seq. Under Title 41, hunters must obtain a license from the game, fish, and parks commission for the hunting privilege in SD. Other states maintain similar commissions for licensing policies/procedures.

(2) Totemoff v. Alaska, 905 P.2d 954 [Alaska 1995]

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Licensing parameters vary from state to state. In SD, no person under 12 years may obtain a license, but an 11-year old may obtain a license to hunt between September 1 and December 31 - if s/he will turn 12 years in that period. Person under 16 years may obtain a basic game and fish license without cost, but only if s/he has completed a firearms safety course. The parent must apply for a license, and the child may hunt only with a parent, guardian, or responsible adult. [3, 4]

In GA, any person over 12 may hunt on his/her own land. A person between the ages of 12 and 15 seeking to hunt, must complete a hunter education course, and then hunt only with a parent or guardian. A person between the ages of 16 and 25 must also complete a hunter education course before obtaining a hunting license.[5]

(3) SDC 1939, § 25.0306 (4) id; § 41-6-13 (5) Ga. Code Ann. § 27-2-4 [1996])

LICENSE

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EXCEPTIONS & EXTENSIONSStates make the exceptions. The statutes specify standards for firearm power.

AGE: In GA, persons over 65 years may receive a hunting license without paying a fee.

DISABILITY: In GA, persons who are permanently and totally disabled may obtain a hunting or fishing license for free. [5]

RESIDENCY: In SD, nonresidents may hunt only under a special nonresident license. A nonresident may only hunt small-game,big-game, wild turkey, and waterfowl. A nonresident must obtain a nonresident predator license to hunt predators: jackrabbits, prairie dogs, gophers, ground squirrels, coyotes, red foxes, gray foxes, skunks, owls, crows, and porcupines. A nonresident with a nonresident small-game, big-game license may hunt predators in the animal group authorized by that license without a separate predator license. [6] In SD, fur-bearing animals are completely off-limits to nonresidents. In order to hunt fur-bearing animals, the person must have lived in the state for 90 days prior to the application date. [7]

TARGET: To control animal populations, state licensing commissions allow hunting at certain times of the year. The earliest law of this kind was passed in Massachusetts in 1817, establishing closed seasons for certain animals and birds shot as game. [8] In GA, feral hogs may be hunted only during the deer season (unless the hunter and all accompanying persons are each wearing a total of at least 500 square inches of daylight florescent orange material as an outer garment above the waistline).

(5) Ga. Code Ann. § 27-2-4 [1996]) (6) S.D. Codified Laws Ann. § 41-6-30 (7) id; § 41-6-24

(8) Rines GE (1920). Birds, Protection. Encyclopedia Americana

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LION, THE GAMEThere are 27 countries with lions in the wild. Estimates in Africa range between

15,000 and 39,000, with 40 % in Tanzania and next to 60% in Zimbabwe. Zimbabwe has about 1,700 lions, the 80 % of which lives in protected areas.

Between 1999 and 2009, 800 lions were killed in hunts in Zimbabwe, with the average increase of 87 kills/year during the past five years. In 2011, the quota was 101 lions - with 47 trophies reported.

REVENUE: Zimbabwe makes an estimated US $20 million a year on trophy hunting, which represents the 3.2 % of its tourism revenue. The vast majority of trophy hunters are foreigners. Across Africa, 25-30 % of trophies go to Europe and 65 percent to the U.S.

LAWS: Hunting in Zimbabwe is allowed in safari and forestry areas, game ranches and communal lands. The number of lions allowed to be hunted per year is determined by reports of human-lion conflicts. Only males are allowed to the game. The killing of females is banned since 2011. There is no restriction on the age of the lions in the game. Hunting of lions in Zimbabwe can take place at any time of the year, but in state-run areas it is limited to 30 minutes before sunrise and 30 minutes after sunset. The lion must be shot at least 50 meters from a vehicle and must also be 400 meters from a water source. [9]

(9) Lindsey P (2013). The Trophy Hunting of African Lions. Zimbabwe Parks and Wildlife Management. International Union for Conservation of Nature and Natural Resources.

Page 9: CECIL'S DEATH (by Naira Matevosyan)

WHAT THESE LAWS ARE MISSING?It is my view, that the laws of the game, even so established,

are still missing two things:

I. KNOWLEDGE OF THE GAME

II. SCIENTER OF THE HUNTER

Knowledge of the Game:

The humans, elephants, killer whales, and pilot whales are the only mammals that live the menopausal or andropausal stage of life. Thus, killing of other mammals of any age (including lions) equals to endangering the entire species. Also, according to the rules of Kilimanjaro, the orphaned cubs are at risk to be killed by another lion or lioness.

Scienter of the Hunter:Some hunt to stuff the freezer, others hunt for a trophy. The intent-

based 4 hunting categories are listed in the next slide.

Page 10: CECIL'S DEATH (by Naira Matevosyan)

HUNTING CATEGORIES

1D-hunters are necrophiliacs collecting trophies. They dismember the corpse to decorate a wall with horns, claws, or a carapace.

2D-hunters kill to stuff the freezer (by dismembering and deskinning the corpse). They also may run a fur or leather business.

3D - hunters are neither, as they prepay the hunt with general terms, then dismember, deskin, and discard the corpse.

4D- hunters are the 3D-doctors. As Palmers or Seski, their hunting impulse is triggered by a fame-fever, to “impress” a rootless follower by sharing snapshots that suggest: “I am the guy who killed a lion...”

Intent matters. As in the Model Penal Code's hierarchy, intent is what classifies the wrong-deed, and separates the aggression, aversion, error, or negligence. Put in the hunting context, the state of the game (dead corpse) indicates the scienter. The corpse can be dismembered, deskinned, and discarded. The number of Ds scores the hunting intent.

Page 11: CECIL'S DEATH (by Naira Matevosyan)

“I am the guy who killed the King..”

Such a fame-fever has once triggered:

- John Wilkes Booth

- Vladimir Lenin

- James Earl Ray

- Sirhan Sirhan

- Mehmet Ali Ağca

- John Hinckley Jr.

Page 12: CECIL'S DEATH (by Naira Matevosyan)

Doctors - HuntersA 4D hunter, who wants to impress the patients or to jaundice

the competing colleagues, must consider studying the Dr. Bonham's case. [9]

Leaving the oath to another discussion, the medical “doctorship” is foremostly about two things: compassion, and money. The former (compassion) must dominate the latter (money-call), as the former is what brings the latter (patient-loads).

One who enjoys watching the agony of a wounded body, cannot treat wounds.

In either category or expression, hunting is an uneven fight. Therefore, it can't be moral.

(9) Thomas Bonham v. College of Physicians, 8 Co. Rep. 107 77 Eng. Rep. 638 (1610)

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COMPASSIONThe premise of this oped piece is that we are not compassionate

enough. That while Cecil's murder captivates our collective eye, there is far greater “scienter” crisis in the world that goes by unnoticed and fails to galvanize our moral outrage.

The angst expressed over Cecil's murder is honest and strongly held. It may have direct benefit for turning attention to the ethics of 1D - 4D hunting. But even at this instant, there are indirect consequences from Cecil's death that would never be occurring if he still ranged over the grassland. Our attention should be focused on the hunting tourism in both developed and developing world.

Cecil's death and the ensuing outrage should not be viewed as disingenuous, but as a hopeful sign. The mass-regard has shown that as The People and human beings, we haven't lost our capacity for compassion. To engender and establish a compassionate mind takes work and practice. It must be begun with first compassion for oneself and then move on to compassion for others. But, until then, compassion comes in baby steps.

Page 14: CECIL'S DEATH (by Naira Matevosyan)

THE CUBS

Officials are now concerned about Cecil’s six cubs, as they will likely be killed by another lion. [10]

(10) http://heavy.com/news/2015/07/cecil-the-lion-dead-killed-murdered-hunted-walter-palmer-hunter-minnesota-dentist-photos-video-cubs-zimbabwe-cecilthelion-obituary-fundraiser-laws-tribute/

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CECIL'S DEATH

Cecil's death was tragic; but in that death, we have learned lessons that deepen our

compassion.

Cecil is a King of Kilimanjaro in death, as he roamed the safari.

Page 16: CECIL'S DEATH (by Naira Matevosyan)

DON'TNature makes no mistakes.

Even the thunder is for a benefit: it sanitizes the air from viruses and bacteria.

Don't kill the deer - that adorns our mountains. Don't kill the bear - that disseminates fruit seeds. Don't kill the cat, as the rats will damage your expensive

piano. Don't kill the hedgehog, as the slugs will climb unto your

mailbox and eat your mail. Don't kill the lion - that is regal and that disciplines the

pride.

Don't, don't, don't.