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The Case for the Legal Protection of Animals by Kimberly C. Moore Pdf
This book presents the case for legal protection for animals based on humanity’s shared interests and destinies with the animal kingdom. To underscore the urgent need for legal reform, the book documents how animals are in crisis, with separate discussions on animals in entertainment, research, fashion, the food industry, and animals in our homes, as well as issues that impact wildlife and aquatic animals. In each of the foregoing areas, there is a discussion of major developments for animals across the globe, the objective being to demonstrate how the U.S. is out of step with other major countries in its legal treatment of animals. The importance of media as a driver of change is also considered. This background culminates to the heart of the book, which discusses and analyzes the link between human rights and animal rights, with nine areas explored (e.g., loss of biodiversity; environmental destruction; zoonotic diseases; world hunger; violence). Challenges to legal reforms are also explored, including issues associated with weak laws, the failure to enforce existing laws, and governmental agencies that tend to overlook the actions of industries. Finally, the book explores the development of animal law and the trajectory of current laws, with analysis of developing ‘rights of nature’ laws and ‘legal personhood’ status for animals.
The Case for the Legal Protection of Animals by Kimberly C. Moore Pdf
This book presents the case for legal protection for animals based on humanity’s shared interests and destinies with the animal kingdom. To underscore the urgent need for legal reform, the book documents how animals are in crisis, with separate discussions on animals in entertainment, research, fashion, the food industry, and animals in our homes, as well as issues that impact wildlife and aquatic animals. In each of the foregoing areas, there is a discussion of major developments for animals across the globe, the objective being to demonstrate how the U.S. is out of step with other major countries in its legal treatment of animals. The importance of media as a driver of change is also considered. This background culminates to the heart of the book, which discusses and analyzes the link between human rights and animal rights, with nine areas explored (e.g., loss of biodiversity; environmental destruction; zoonotic diseases; world hunger; violence). Challenges to legal reforms are also explored, including issues associated with weak laws, the failure to enforce existing laws, and governmental agencies that tend to overlook the actions of industries. Finally, the book explores the development of animal law and the trajectory of current laws, with analysis of developing ‘rights of nature’ laws and ‘legal personhood’ status for animals.
Animal Law: Welfare Interests and Rights by David S. Favre Pdf
Animal Law: Welfare Interests & Rights, Third Edition, by David Favre, exposes the student to the wide scope of legal and ethical issues surrounding animal law in our society. It contains a mix of cases and essay materials for a number of animal issues in the context of state police power, constitutional law, and traditional common law. A primary focus is the property status of animals in the civil and criminal law, the expanding visibility of dogs in our legal system, and the most recent attempts to seek legal rights for animals. New to the Third Edition: The introduction provides more focused materials on the fundamental concepts, such as pain and suffering, that are needed for the entire course. The chapter on damages is rewritten with new organization and updated cases. The chapter on legal rights for animals is significantly enhanced with the most recent cases. In all chapters, references are updated. Professors and students will benefit from: Clear consideration of the history of anti-cruelty criminal laws and the difficulties of using the criminal law to help animals. The key phrase of “unnecessary pain and suffering” is considered in detail. A clear articulation of the enhanced status of companion animals, within the ever-changing state laws of our country. A review of the significant limitations of the federal Animal Welfare Act. An explanation of the power of the state to pass laws regulating companions, laws dealing with breed specific bans, and dangerous dog laws. An in-depth consideration of the status of companion animals both as property and as beings with legal rights in some circumstances. Significant editing of all cases.
This book looks at animal law in a wide context and considers policy issues, moral and ethical debates, political ideas and economic influences. It concentrates on public forms of control as these make up the bulk of legal protection in this area, but it also looks briefly at common law controls. The book also examines European law and International law and it takes a comparative look at Australian law which has taken a different stance to the UK in relation to the protection of animals
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.
Animal Law and Welfare - International Perspectives by Deborah Cao,Steven White Pdf
This book focuses on animal laws and animal welfare in major jurisdictions in the world, including the more developed legal regimes for animal protection of the US, UK, Australia, the EU and Israel, and the regulatory regimes still developing in China, South Africa, and Brazil. It offers in-depth analyses and discussions of topical and important issues in animal laws and animal welfare, and provides a comprehensive and comparative snapshot of some of the most important countries in the world in terms of animal population and worsening animal cruelty. Among the issues discussed are international law topics that relate to animals, including the latest WTO ruling on seal products and the EU ban, the Blackfish story and US law for cetaceans, the wildlife trafficking and crimes related to Africa and China, and historical and current animal protection laws in the UK and Australia. Bringing together the disciplines of animal law and animal welfare science as well as ethics and criminology with contributions from some of the most prominent animal welfare scientists and animal law scholars in the world, the book considers the strengths and failings of existing animal protection law in different parts of the world. In doing so it draws more attention to animal protection as a moral and legal imperative and to crimes against animals as a serious crime.
It is a prayer to God almighty to grant compassion not to inflict pain even on an ant at every point of time and plead to tender such a benevolent mind within human beings and to preserve faith in God. It posed that the absence of such a selfless mind keeps away the blessings of God, and in other words, trust in God will persist as long as the person respects the other beings. The norm of being human towards other beings was indoctrinated as part of spiritual belief, and that was recognized human's way of life.2 Meanwhile, humans established their locus in the whole universe and articulated all things under its control. Besides, they conjectured that "animals are merely a means to an end, and that end is the man."3 Hence man strongly believes that nature made all creatures for the sake of humans and has the right to sacrifice the interests of other species for satisfying even the most trivial interest of their own. They started to own animals for their service and development.
Model Animal Welfare Act by Janice Cox,Sabine Lennkh Pdf
This Model Animal Welfare Act has been designed to serve as a basic template and guidance document for those interested in enacting new legislation or improving existing animal protection legislation. It has been drafted using an extensive comparative law exercise, taking into account 'best practice' in the field. Thus it is aspirational in nature; seeking to provide the best possible structures, systems and provisions to protect the welfare of animals. This may mean that countries which are just starting to establish animal welfare requirements might decide to introduce its provisions progressively. In such cases, a strategic approach (step-wise and prioritised) is recommended. This could also be considered in cases where countries already have structures, systems and provisions that have been introduced gradually over time, but remain less than optimal. The important principle is that each country works progressively towards the best possible protection for the welfare of its animal population, and indeed - as elaborated in the Three Rs approach - the eventual reduction and replacement of any uses of animals which compromise their welfare.The purpose of this Model Animal Welfare Act is to function as an 'umbrella' or 'framework' law. It represents an international unification and harmonisation of animal protection and welfare legislation, which can be adapted or modified - if the circumstances require - in Common Law as well as Civil Law systems. Elements of both legal orders have been considered and incorporated to achieve (as far as possible for the present day) a comprehensive, far-reaching and progressive approach to animal welfare legislation which takes account of the desired expedience when it comes to prevention of animal cruelty and abuse, establishing responsibility and the principle of care towards the animal, promoting the education and sensitisation of the population, as well as offering effective solutions for efficient law enforcement. This Model Act was created in order to govern people's behaviour, while other civil or religious legal systems may take a very different form (for example, be limited to 'codes' or 'edicts'). Nonetheless, elements of this Act can also be used for inspiration in creating, amending or interpreting these.
Animal Rights Law by Raffael N Fasel,Sean C Butler Pdf
Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.
Offers a comprehensive overview of the legislation and legal issues surrounding animals. Written by Jordan Curnutt, Animals and the Law covers everything from the Silver Spring monkeys, subjects in the first U.S. lab raided by police where criminal charges were filed against a scientist conducting federally funded research, to sex with animals. Among the subjects reviewed are kosher and Halal food restrictions, mad cow disease and cattle cannibalism, animals in laboratories, and as entertainment—in circuses, zoos, rodeos, horse racing, cockfighting, and more. Also included are appendixes of animal organizations, cases, statutes and regulations, and an extensive bibliography.
"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.
Animal Welfare and International Trade Law by Katie Sykes Pdf
This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.
Author : Thomas G. Kelch Publisher : Kluwer Law International B.V. Page : 696 pages File Size : 55,6 Mb Release : 2017-05-01 Category : Law ISBN : 9789041158765
Globalization and Animal Law by Thomas G. Kelch Pdf
The rise of the globalized economy has rendered an even more profound change in the relationship between humans and other animals than the ancient progression from huntergatherer to agricultural society. In today’s global markets, multinational corporations exploit the economic value of animals throughout the world on an unprecedented scale. The philosophical and legal notions that animals are mere unfeeling machines or pieces of property, although more or less taken for granted for centuries, has been challenged, if not burst asunder, in recent decades (in law, moral philosophy, and cognitive and other sciences), and regulation of the treatment of animals in agriculture, experimentation, entertainment and other areas has begun to make substantial inroads in national and international law. This book provides a detailed analysis of international and comparative animal law focusing on the impact of today’s globalized economy on animal law. Describing a wide range of domestic and international laws relating to the treatment of animals, the author explicates the sorts of legal rules which affect the global animal marketplace. Representative norms in existing animal protection laws are analyzed and critiqued, illustrating the diverse approaches taken by different countries and by the international community in regulating uses of animals. Among the issues covered are the following: - contemporary philosophical thought on the relationship between humans and animals; - recent scientific research relating to cognitive and other abilities of animals; - legal issues relating to factory farming and animal slaughter; - legal protection of animals during transport; - regulatory schemes on animal experimentation; - laws on the use of animals in entertainment; - laws on protection of companion animals; - regulation of trade in endangered species; - international trade issues relating to animals, including consideration of the provisions of GATT and the seminal WTO/GATT decisions in the Tuna/Dolphin, Shrimp/Turtle, Tuna Labeling and EU/Seal Products cases; - constitutional protection for the interests of animals; - intellectual property law issues relating to animals; - efforts to have the legal “personhood” of certain animals judicially recognized; and - what the future may hold for animal law in the global economy. To ensure the consideration of a full range of legal approaches, the laws analyzed come from a wide variety of countries and jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, Ireland, New Zealand, Switzerland, the UK, and state and federal laws of the US. Numerous international treaties and conventions relevant to animal treatment and animal law are also covered, including the Berne Convention for the Protection of Literary and Artistic Works, the CITES Convention, the European Convention for the Protection of Animals Kept for Farming Purposes, the European Patent Convention, the GATT Treaty, the TRIPS Agreement and the Universal Copyright Convention. It is not difficult to grasp, given the continuing increases in production, consumption and use of animals and animal products worldwide, that legal initiatives in this often emotional and acrimonious area of law are frequently contentious and hard fought. But this is really just the dawn of animal law, which has only recently become recognized as an important cutting-edge topic, and this area of the law promises to develop rapidly in the future. This book is enormously valuable in contributing to the continuing development and understanding of this law, clearly laying out the contours and boundaries of existing animal laws in our global economy, and allowing legal educators, concerned lawyers and policymakers to teach, formulate proposals, argue cases and defenses, and secure a firm purchase on future trends and developments in animal law.