"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation? Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings. Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.
Release on 2006 | by Marc D. Hauser,Fiery Cushman,Matthew Kamen
Author: Marc D. Hauser,Fiery Cushman,Matthew Kamen
Pubpsher: Purdue University Press
A child can't be owned, but parents are legally responsible for their child's care. A painting and a dog can be owned; both fall under the jurisdiction of the law and in particular, property rights. But why should a dog, man's best friend, an animal with a mind and emotions, fall under the same category as a painting? How could the law be so foolish? Requiring legal guardianship for animals would have radical consequences for how we live our lives.
In this objective, practical and authoritative introductory text the author reveals how the fundamental principles of the human-animal relationship drive the development of animal law. The book explains the criteria by which the lawful use of animals is determined, and how these criteria impact evolving standards of animal protection and define the responsibilities of people in their interactions with animals. The author identifies 29 key principles which constitute the core knowledge necessary for people involved in debating, assessing, and guiding the evolution of society’s national and international rulebook of animal welfare law. The book also considers animal welfare and law in the context of a global market through discussion of common issues such as climate change, biosecurity, food safety and food supply. Based on successful law courses run by the author and his own expertise as an animal law lecturer, prosecutor and specialist legal adviser, the book combines insights from science, ethics and law to provide an essential understanding of what informs society and the law with regards to animals and their welfare.
A Treatise on Property in Animals, Wild and Domestic, and the Rights and Responsibilities Arising Therefrom
Author: John Hall Ingham
Pubpsher: The Lawbook Exchange, Ltd.
Ingham, John H. The Law of Animals: A Treatise on Property in Animals Wild and Domestic and the Rights and Responsibilities Arising Therefrom. Philadelphia: T. & J.W. Johnson & Co., 1900. xiii, 800 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044352. ISBN 1-58477-324-3. Cloth. $125. * According to the author, this was the first treatise devoted to the subject of animal law. It discusses the rights and liabilities of animal owners, cruelty to animals, game laws and injuries inflicted by railroads. Other chapters consider animals in relation to the law of property and the law of bailments. The thorough index includes words and phrases utilized in animal law cases. Contents include: Property in Animals: Wild and Domestic Animals; Transfer of Property: Sale and Mortgage, Estrays; Rights of Owners of Animals: Injuring, Killing, Theft and Removal of Animals; Injuries to Animals on Highways; Liabilities of Owners: Animals Trespassing and Running at Large, Impounding, Diseased Animals, Nuisances, Racing, Vicious and Ferocious Animals; Bailment and Carriage; Cruelty-Game Laws; Injuries to Animals by Railway; and more.
Release on 2018-08-22 | by Andrew Linzey,Clair Linzey
Author: Andrew Linzey,Clair Linzey
This handbook provides an in-depth examination of the practical and theoretical issues within the emerging field of animal ethics. Leading experts from around the globe offer insights into cutting edge topics as diverse as killing for food, religious slaughter, animal companions, aquariums, genetic manipulation, hunting for sport and bullfighting. Including contributions from Lisa Johnson on the themes of human dominance, Thomas White on the ethics of captivity, Mark Bernstein on the ethics of killing and Kay Peggs on the causation of suffering, this handbook offers an authoritative reference work for contemporary applied animal ethics. Progressive in approach, the authors explore the challenges that animal ethics poses both conceptually and practically to traditional understandings of human–animal relations. Key Features: · Structured in four parts to examine the ethics of control, the ethics of captivity, the ethics of killing and the ethics of causing suffering · Interdisciplinary approach including philosophical, historical, scientific, legal, anthropological, religious, psychological and sociological perspectives · Focussed treatment of practical issues such as animals in farming, zoos and animal experimentation The Palgrave Handbook of Practical Animal Ethics is an essential resource for those with an interest in the ethics of modern-day treatment of animals as well as scholars, researchers and advanced students in zoology, philosophy, anthropology, religious studies and sociology.
Gary L. Francione explains our historical and contemporary attitudes about animals by distinguishing the issue of animal use from that of animal treatment. He then presents a theory of animal rights that focuses on the need to accord all sentient nonhumans the right not to be treated as property
This book explores a theory of habitat rights for wild animals, positioning animal property rights within the existing institution of property and discussing the practical implications of giving property rights to animals.
Can animals be regarded as part of the moral community? To what extent, if at all, do they have moral rights? Are we wrong to eat them, hunt them, or use them for scientific research? Can animal liberation be squared with the environmental movement? Taylor traces the background of these debates from Aristotle to Darwin and sets out the views of numerous contemporary philosophers—including Peter Singer, Tom Regan, Mary Anne Warren, J. Baird Callicott, and Martha Nussbaum—with ethical theories ranging from utilitarianism to eco-feminism. The new edition also includes provocative quotations from some of the major writers in the field. As the final chapter insists, animal ethics is more than just an “academic” question: it is intimately connected both to our understanding of what it means to be human and to pressing current issues such as food shortages, environmental degradation, and climate change.
Typically, the legal investigation of nonhuman life, and of animal life in particular, is conducted through the discourse of animal rights. Within this discourse, legal rights are extended to certain nonhuman animals through the same liberal framework that has afforded human rights before it. Animals, Biopolitics, Law envisions the possibility of lively legalities that move beyond the humanist perspective. Drawing on an array of expertise—from law, geography, and anthropology, through animal studies and posthumanism, to science and technology studies—this interdisciplinary collection asks what, in legal terms, it means to be human and nonhuman, what it means to govern and to be governed, and what are the ethical and political concerns that emerge in the project of governing not only human but also more-than-human life.