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This book provides an important contribution to the debate on the legal status and treatment of animals in Canada. It adresses a range of doctrinal and conceptual questions, situating legal analysis in the broader context of ethical and philosophical debate about justice in human-animal relationships.
*Errata statement - Chapter 4Many Australians and New Zealanders still assume that current animal welfare laws provide animals with sufficient protection from human mistreatment, that cruelty is the exception and that, when exposed, perpetrators are prosecuted. They are wrong on all counts.Animal Law in Australasia, in its 1st edition, highlighted shortcomings in the existing framework and suggested ways in which the law could be improved. It was well-received, with critics calling it "a book to be applauded" (Laura Donellan, Journal of Animal Ethics), "a must for anyone ... interested in animal rights and animal welfare" (Susan Briggs, Release Magazine) and even "a book that changed my life" (The Honourable Michael Kirby).This 2nd entirely revised edition builds upon the significant developments in animal law that have occurred since 2009 and also addresses emerging areas of concern, with 11 brand new chapters.Contributions from Australian, New Zealand and international academics and practitioners cover topics ranging from the explanation of basic concepts of animal protection and theoretical underpinnings of animal law to specific matters of interest including:the regulation of companion animalsthe use of animals in researchdog control legislationanimals in entertainmentthe use of codes of welfarethe application of welfare standards to fishthe impact of WTO regulation on domestic efforts to control cruelty, andAustralia's new regulatory regime for live exports.
Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking.
Animals and the Law examines the unique role that animals play as living property in a legal system conceived by and for human beings. On the one hand, animals are things that we buy, eat, and use in experiments. On the other, they are beloved family companions. The book traces the history of laws dealing with animals, from the animal trials which began in the thirteenth century in Europe, through the development of anti-cruelty laws, to the present struggle to cope with the conflicting implications of biotechnology and other industrial uses for animals, and, indeed, artificially created living things.
Although scholars in the disciplines of law, psychology, philosophy, and sociology have published a considerable number of prescriptive, normative, and theoretical studies of animals in society, Pet Politics presents the first study of the development of companion animal or pet law and policy in Canada and the United States by political scientists. The authors examine how people and governments classify three species of pets or companion animals-cats, dogs, and horses-for various degrees of legal protection. They then detail how interest groups shape the agenda for companion animal legislation and regulation, and the legislative and administrative formulation of anticruelty, kennel licensing, horse slaughter, feral and roaming cat, and breed ban policies. Finally, they examine the enforcement of these laws and policies by agencies and the courts. Using an eclectic mix of original empirical data, original case studies, and interviews-and relying on general theories and research about the policy process and the sociopolitical function of legality-the authors illustrate that pet policy is a unique field of political struggle, a conflict that originates from differing perspectives about whether pets are property or autonomous beings, and clashing norms about the care of animals. The result of the political struggle, the authors argue, is difficulty in the enactment of policies and especially in the implementation and enforcement of laws that might improve the welfare of companion animals.
Ethical Issues: Perspectives for Canadians is a collection of readings designed to introduce students to a number of important topics, including our obligations toward the environment, the treatment of non-human animals, abortion, assisted reproduction, end of life decision-making, freedom of expression, war, multiculturalism, and more. Readings have been carefully selected to represent a broad array of perspectives and arguments. Relevant legislation, court cases, and other non-philosophical works complement the writings of professional philosophers to provide students with multiple approaches to the issues. Brief introductions and discussion questions are provided for each reading, and a general introduction to the basic ethical theories is included.
Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes.
Raising awareness of human indifference and cruelty toward animals, The Global Guide to Animal Protection includes more than 180 introductory articles that survey the extent of worldwide human exploitation of animals from a variety of perspectives. In addition to entries on often disturbing examples of human cruelty toward animals, the book provides inspiring accounts of attempts by courageous individuals--including Jane Goodall, Shirley McGreal, Birute Mary Galdikas, Richard D. Ryder, and Roger Fouts--to challenge and change exploitative practices. As concern for animals and their welfare grows, this volume will be an indispensable aid to general readers, activists, scholars, and students interested in developing a keener awareness of cruelty to animals and considering avenues for reform. Also included is a special foreword by Archbishop Desmond Tutu, urging readers to seek justice and protection for all creatures, humans and animals alike.
Gary L. Francione is a law professor and leading philosopher of animal rights theory. Robert Garner is a political theorist specializing in the philosophy and politics of animal protection. Francione maintains that we have no moral justification for using nonhumans and argues that because animals are property or economic commodities laws or industry practices requiring "humane" treatment will, as a general matter, fail to provide any meaningful level of protection. Garner favors a version of animal rights that focuses on eliminating animal suffering and adopts a protectionist approach, maintaining that although the traditional animal-welfare ethic is philosophically flawed, it can contribute strategically to the achievement of animal-rights ends. As they spar, Francione and Garner deconstruct the animal protection movement in the United States, the United Kingdom, Europe, and elsewhere, discussing the practices of such organizations as PETA, which joins with McDonald's and other animal users to "improve" the slaughter of animals. They also examine American and European laws and campaigns from both the rights and welfare perspectives, identifying weaknesses and strengths that give shape to future legislation and action.
Literature, Science, and Animal Advocacy in Canada: Practical Zoocriticism is the first book-length study of animals in Canadian literature. Using a historical approach, it offers a much-needed alternative to existing models of animals as symbols of Canadian victimhood. Spanning more than a century, the scope of this book includes classic writers, Ernest Thompson Seton and Charles G. D. Roberts, as well as popular contemporary authors, such as Barbara Gowdy, Yann Martel, Margaret Atwood, and many others. By recontextualizing these works with closer attention to contemporary scientific and animal advocacy debates, this book offers a fresh new perspective on a wide range of texts.