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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.
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized 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 Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.
This exploration of the newly emerging, diverse, and controversial area of animal lawpresents a basic survey of the laws designed to protect animals, analyzing and critiquing them, and proposing a future where the legal regime properly recognizes and protects the inherent worth of all animals.
This resource offers a survey of the animal rights movement.
Historically animal law has been a piecemeal legislative process of amendments and repeals. The slow progress of the legislation has finally resulted in the introduction of the two main criminal statutes affecting animals, the Animal Welfare Act 2006 and the Dangerous Dogs Act 1991. These two statutes account for almost all offences of animal abuse in every conceivable form relating to the duty of owners and their concurrent liability and responsibility. A Practical Approach to Animal Welfare Law is designed to be informative and interesting to a broad, lay audience. It covers all aspects of those two Acts as they affect animals in our care. This book analyses the law relating to the criminal responsibility of owners and their duty of care for the welfare of their animals including injuring and killing them. The prosecution of offenders is investigated through the enforcement powers of the inspectors and the consequent sentencing by the courts. In doing so it deals with all manner of animal abuse as well as dangerous dogs and dangerous people. The relevance of each Act to the various authorities is analysed, providing a practical guide for people involved in various everyday activities with animals and their behaviour. This book is an essential reference source for those whose work involves animal law – including academics, legal practitioners, local authorities and the police. Equally it will be a valuable source for those working in animal related areas such as breeding, exhibitions and the rights and welfare of animals by charitable organisations and sanctuaries. A Practical Approach to Animal Welfare Law concludes with an analysis of the role and status of animals in English Law. There is a unique discussion on reform and the future of animal welfare and animal rights. That analysis applies to many jurisdictions on a national and international level, particularly in relation to common law countries. This is no staid law book. The warmth and compassion of the author shines through the text, as he engages the reader in this difficult subject through case reports, stories, examples, analysis and discussion. Creating an exceedingly useful, insightful and interesting resource for a broad range of animal experts, workers and owners. 5m Books
Previous edition, 1st, published in 2008.
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.
THE argument for animal rights, a classic since its appearance in 1983, from the moral philosophical point of view. With a new preface.
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.
"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.