Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| THE ANIMAL RIGHTS DEBATE AND THE EXPANSION OF PUBLIC DISCOURSE: IS IT POSSIBLE FOR THE LAW PROTECTING ANIMALS TO SIMULTANEOUSLY FAIL AND SUCCEED? | Peter Sankoff | 18 Animal L. 281 (2012) |
This Article uses the theory of deliberative democracy, as developed by Jürgen Habermas and others, to suggest that public discourse is essential to encouraging democratic change in animal welfare law. The author examines the legal regimes of Canada and New Zealand to determine which country better facilitates a public dialogue about the treatment of animals. The Article concludes that, while Canada has a number of laws that ostensibly protect animals, New Zealand’s regime is much better at creating the public discourse required to meaningfully advance animal protection. The author does not suggest that New Zealand’s regime is perfect; rather, New Zealand’s model is preferable to Canada’s because it allows the public to meaningfully engage in laws affecting animals at regular intervals. In Canada, generating discussion in government about animal welfare is too often left to the whim of legislators. Due to New Zealand’s model of encouraging and requiring public discourse, its protection laws have begun to surpass those of Canada, and there is reason to believe this will continue. Encouraging public discourse about our assumptions about animals fosters hope for meaningful progress in their lives. |
| Animal Ethics and the Law | Bernard Rollin | 106 Mich. L. Rev. First Impressions 143 (2008). | Concerned with the lack of legal protection for farm animals in the United States, Bernard Rollin argues for the enfranchisment of farm animals. In this article, Rollin also identifies five factors that have called forth new ethics and new laws regarding animals. |
| Think or be Damned: The Problematic Case of Higher Cognition in Animals and Legislation for Animal Welfare | Lesley J. Rogers and Gisela Kaplan | 12 Animal L. 151 (2005) |
Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes to animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve the treatment of the selected few, be they birds or mammals, a vast majority of species, even closely related ones, will be left out. This may not be a particular problem if being left out is only a temporary state that can be changed as new information becomes available. But, in practice, those protected and not protected are separated by a barrier that can be more difficult to remove than it was to erect in the first place. We summarize the recent research on higher cognition from the position of active researchers in animal behavior and neuroscience. |
| LEGISLACIÓN INGLESA Y NORTEAMERICANA: DERECHO ANIMAL | BELEN LAO RODRÍGUEZ | Animal Legal & Historical Center |
El presente trabajo analiza la legislación de Estados Unidos en materia de derecho bienestar animal relacionándola con la de Reino Unido con el objetivo de delimitar hasta qué punto su regulación puede ser considerada modélica y / o si resultaría mejorable. Para ello, se analiza, si la Declaración Universal de Derechos del Animal, la observancia de la cual debería servir como punto de partida, en tanto Código de Conducta, es observada por tales legislaciones. A su vez, en el marco de tal regulación, se examina si existe una relación directa entre el grado de concienciación social y el grado de protección de su regulación respecto los animales. Finalmente, se apunta desde una perspectiva crítica cual es el mérito que suponen tales legislaciones para el derecho de bienestar animal, a la vez que pretende examinar sus posibles carencias. |
| SAVING APES WITH THE LAWS OF MEN: GREAT APE PROTECTION IN A PROPERTY-BASED ANIMAL LAW SYSTEM | Alexandra B. Rhodes | 20 Animal L. 191 (2013) | This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of great apes domestically and abroad, and suggests how advocates may most efficiently work toward great ape protection today. |
| The Day May Come: Legal Rights for Animals | Tom Regan | 10 Animal L. 11 (2004) |
This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans. |
| Proposal for the Introduction of the Protection of Animals in the Constitution of the Portuguese Republic | Portugal Center for Animal Law and Ethics | Center for Animal Law and Ethics, Portugal |
This article sets our the argument for adding to the Constitution of Portugal a provision for the Protection of Animals. |
| Conference Summary: "The Moral and Legal Status of Non-Human Animals" | Portugal Center for Animal Law and Ethics | Center for Animal Law and Ethics, Portugal |
The document is a summary of each speaker's presentation at a Conference held at Lisbon University Law School. |
| Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This the Question? | Zygmunt J.B. Plater | 3 Mich. J. Envtl & Admin. L. 273 (2014) |
(c) 2014 Zygmunt J.B. Plater. Originally published in Michigan Journal of Environmental & Administrative Law; reprinted with permission. |
| Forgotten Victims of War: Animals and the International Law of Armed Conflict | Saba Pipia | 28 Animal L. 175 (2022) | The present article analyses the protection of animals in times of armed conflict. The primary objective of this article is to explore the relationship between animal law and international humanitarian law and to find out to what extent rules of animal welfare law can be applied during armed conflict and how international humanitarian law can protect animals. For this purpose, the article firstly provides an overview of legal scholarship, as well as a summary of existing international humanitarian law norms protecting animals. The article also discusses if existing models of protection of non-human victims of war, such as natural environment and cultural heritage, analogously, can be applied to include animals under the protection of international humanitarian law. Furthermore, possible scenarios of animal victimhood during wars are outlined and finally, the article offers several practical suggestions on how animal welfare law can become part of the international law of armed conflict. |