An introduction to animals and the law / Joan Schaffner.
2011
K3620 .S333 2011 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
An introduction to animals and the law / Joan Schaffner.
Published
Houndmills, Basingstoke, Hampshire ; New York : Palgrave Macmillan, 2011.
Call Number
K3620 .S333 2011
ISBN
9780230235632 (hardback)
0230235638 (hardback)
9780230235649 (pbk.)
0230235646 (pbk.)
0230235638 (hardback)
9780230235649 (pbk.)
0230235646 (pbk.)
Description
xx, 252 pages ; 23 cm.
System Control No.
(OCoLC)645672889
Summary
Throughout history, humans have raised and confined animals for food, clothing and research, trained animals for entertainment, fought animals for sport, bought and sold animals for profit, and lived with animals for companionship. The law under the umbrella of 'animal law' regulates these human uses and interactions with animals. Animal law is extremely diverse, cutting across every substantive area, jurisdictional boundary, and source of legal authority. Although most countries have enacted Animal Welfare Acts and Endangered Species Laws, the law is currently designed primarily to protect the interests of humans as owners of animals, or as users of environmental resources. The animals' inherent interests, if considered, are secondary. This text surveys the laws allegedly designed to protect animals, identifies the themes that link them, analyzes and critiques them in light of their consideration and protection of animals' interests, and explores characteristics of a future legal system that would adequately protect animals' inherent interests.
Bibliography, etc. Note
Includes bibliographical references (pages 193-232) and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Abbreviations
ix
Table of Authorities
x
Series Preface
xvii
Acknowledgments
xix
1.
Animals and the Law: The Basics
1
Introduction
1
What is animal law?
4
The "animals"
6
The "law"
11
Legal system
11
Sources of law
12
Legal rules and legal rights
18
Animals as things owned as property
19
Moving on from the basics
21
2.
Anti-Cruelty Laws
22
State statutes
23
The basic elements
23
The link
28
A progressive anti-cruelty law: Puerto Rico
32
Common law: interpreting and applying anti-cruelty statutes
33
Targeting animal fighting
35
When animal-cruelty statutes arguably infringe defendants constitutional rights
39
Infringing speech
39
Infringing religious practices
43
A case study: cruelty to animals used for food - comparing the New Jersey and Israeli approaches
49
The animals - who they are and our obligations to them
51
The court's role
52
"Accepted agricultural practices"
52
Humane versus cruel
53
Lessons learned
58
What about wildlife?
59
Introduction
59
Anti-cruelty versus game laws
60
Hunting and trapping
64
A brief comparison to Australasia
66
Enforcement: public and private
69
3.
Animal Welfare Laws
71
Introduction: animal welfare acts
71
Animals used for research
73
Goals and functions
73
Procedures for implementing
78
The three Rs
79
Enforcement
80
A case study: standing and the AWA
82
Comparison to the United Kingdom
88
Animals used for breeding and sold as pets
90
Animals used for entertainment
91
Defining "exhibitor"
91
Regulating exhibitors
93
The ethics of exhibiting animals
96
A case study: seeking to protect Asian elephants in the Ringling Brothers' Circus
99
Animals used for food
104
Introduction: factory farming
104
Regulating slaughter and transport
105
A case study: statutory and regulatory interpretation excluding birds from the HMSA
108
Some hopeful developments at the state level
110
Thinking outside the battery cage
111
Progressive approaches: the United Kingdom and the European Union
112
4.
Animal Control and Management Laws
118
Domestic animals
118
Controlling ownership
118
Challenging animal control laws
119
Legislating to save homeless companion animals
122
Dangerous dog laws
123
A hypothetical case study: feral cats
129
Wildlife
135
State game laws
135
Federal conservation laws
143
5.
Animals, the Constitution and Private Law
152
Animals and the constitution
152
State constitutions
155
Constitutions worldwide
156
A case study: animal protection in the German constitution
158
Animals and private law
161
Regulating interpersonal relationships
161
Protecting the owner's interests
162
A case study: valuing companion animals
163
6.
The Future: Animals as Subjects, an All-Inclusive Legal Regime
171
Welfare versus rights
171
Problems for animals under current law
173
Approaches for improving the law for animals
176
Four approaches along the continuum
176
A progressive model act
180
A brief summary of the five approaches
182
The future: an all-inclusive legal regime
183
Some basics to create an all-inclusive legal paradigm
183
Examples
187
Conclusion
192
Notes
193
Index
233