An Introduction to Animals and the Law by Joan E. Schaffner

By Joan E. Schaffner

This exploration of the newly rising, assorted, and arguable sector of animal lawpresents a uncomplicated survey of the legislation designed to guard animals, studying and critiquing them, and featuring a destiny the place the felony regime effectively acknowledges and protects the inherent worthy of all animals.

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Moving on from the basics This very brief introduction provides a bird’s-eye view of the remainder of this text. The following chapters, organized around the sources of law governing animals, will explore each in detail. Chapter 2 begins with an exploration of the anti-cruelty laws that provide the most fundamental and basic protection for animals within society. Next, Chapter 3 discusses the laws that regulate certain commercial uses of animals, the statutory and regulatory animal welfare laws.

18 The bill states: “These amendments correspondingly respond to an increase in the number of serious animal welfare incidents being investigated and will send a strong signal to the judiciary that the Government and general public wish to 28 An Introduction to Animals and the Law see heavier penalties for this type of offending. ”19 The Act states that the pain and suffering inflicted must be unreasonable or unjustified. This invokes a utilitarian balancing of interests – the benefit or gain to the human against the cost to the animal.

The mouse, whether on the farm or in the city, is the same animal with the same interests. The justification for accepting the killing of the mouse on the farm is because in that scenario a human deems the mouse a “pest,” while the killing of the city mouse is deemed unjustified solely because it inflicts harm on the human owner. Thus, the value a human places on an animal will determine whether that animal has a right to live. Clearly lacking is any discussion of the harm to the mouse as a sentient being with inherent interests.

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