Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Legal Protection Only For Those Who Are Most Like "Us"? | Camden J. McDaris | 2 Journal of Animal Law 159 (2006) |
This note analyzes the challenges that the animal rights movement faces in reforming society’s relationship to animals--particularly in regard to farmed animals--by tracking a similar evolution of the concepts of “dominion” and “civilization” within the early feminist movement. Specific focus is on nineteenth-century white middle-class women, who viewed themselves as models of civilized, liberated womanhood, while asserting maternalistic dominion over their “primitive” and underprivileged sisters. Acknowledging the way in which nineteenth-century America--which, for socio-political and legal purposes, was composed almost exclusively of Protestant white men--was willing to gradually “grant” one class of women a voice in society, based on well-established perceptions of “true womanhood,” is important in considering the way in which modern society seems poised to acknowledge some degree of rights for companion animals, while ignoring the legally-sanctioned misery to which billions of farmed animals are subjected annually. |
| Exporting Morality with Trade Restrictions: The Wrong Path to Animal Rights | Gary Miller | 34 Brook. J. Int'l L. 999 (2009) |
Part I of this Note will critique normative moral theory with respect to its fundamental role in animal welfare proselytizing, its applicability to legal theory, and its usefulness as a basis for legal decision making. Part II will discuss international trade disputes arising over morality-based domestic import restrictions in order to examine why the GATT has consistently been interpreted to err on the side of free trade and consumer choice. Finally, Part III will argue that the DCPA is not only an ineffective and unenforceable law but also potentially counterproductive to the goals of the Western animal welfare movement and overly costly to global trade infrastructure in light of more effective alternatives. |
| Two Competing Models of Activism, One Goal: A Case Study of Anti-Whaling Campaigns in the Southern Ocean | Anthony L.I. Moffa | 37 Yale J. Int'l L. 201 (2012) |
This Comment is divided into four parts. Part I will describe the problem presented by international whaling and provide a historical context of the industry, its relatively recent regulation, and specific actions concerning Japanese whaling in the Southern Ocean. Parts II and III will draw on this case study to illustrate the competing models of activism--protest and interventionist--and highlight the demonstrated advantages of and drawbacks to each. Part IV will lend insight into the implications of permitting each model. |
| Our Dumb Animals Vol 20 No.3 | MSPCA | Vol 20, No 3 |
This is a magazine published by the Massachusetts Society for the Prevention of Cruelty to Animals. It is a mixture of articles, humor, poems and information, not unlike the Reader's Digest format of today. It is reflective of a softer, gentler era. |
| ". . . und die tiere" Constitutional Protection for Germany's Animals | Kate M. Nattrass | 10 Animal L. 283 (2004) | In the summer of 2002, Germany welcomed animals into the folds of constitutional protection. With the addition of the words “and the animals,” Germany became the first country in the European Union (“E.U.”), and the second on the European continent, to guarantee the highest level of federal legal protection to its nonhuman animals. Though a welcomed development in the eyes of most Germans, this groundbreaking event received very little attention on the world stage. Common misconceptions about the ramifications of the constitutional amendment resulted in limited to no accurate representation in worldwide media. Likewise, international policymakers and animal protectionists have shown little awareness of this development and its potential implications. In addition to possible legal effects, the social implications of such an occurrence in a major western country are vast. International leaders will certainly take note as the effects of this change begin to take place in Germany’s laws and, increasingly, in its international policies. More importantly, the global animal protection community should take note of what is possible, and what can be learned from the achievements of Germany’s animal protection community. This study traces the legal and social developments leading to Germany’s constitutional amendment which provides protection to animals, showing how this legal highpoint was achieved. Multiple sources are used, including congressional, judicial, and party doc uments, press releases, international media reports, personal communication with leaders in four major German animal protection organizations, interviews with a key Ministry official, and published materials. This study will also critically assess the claims of the animal protection and opposition communities in order to predict where German animal law is going and what effects this change will have on the treatment of animals both within Germany and internationally. Concluding thoughts will address how the international animal protection community can understand this legal victory in a constructive context. |
| THE UNIVERSAL DECLARATION OF ANIMAL RIGHTS OR THE CREATION OF A NEW EQUILIBRIUM BETWEEN SPECIES | Jean-Marc Neumann | 19 Animal L. 63 (2012) | This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document will have any lasting impact. |
| ANIMAL CUSTODY DISPUTES: A GROWING CRACK IN THE “LEGAL THINGHOOD” OF NONHUMAN ANIMALS | Barbara Newell | 6 Animal L. 179 (2000) | Despite the traditional view of animals as mere chattels, courts are increasingly viewing animals as more than "things," recognizing the intrinsic value of animal companions. With the help of organizations such as the Animal Legal Defense Fund, case law, local ordinances, and popular attitudes are changing, reflecting the understanding that animals have the capacity to live full mental and emotional lives. This essay tracks these changes, arguing that the time has come to recognize a different legal status for companion animals. |
| Norway Animal Welfare Act of 2010 Short Summary | Norway | Norway Summary, Norwegian Government |
This document provides a short summary of the various provisions of the 2010 Norway Animal Welfare Act. |
| Animal Research: Policy, Public Perception, and the Problems of Transparency | Siobhan O'Sullivan | Australia Animal Law Paper (2005) |
This paper looks at the effects of the changes in the law dealing with decision making about animals in research. The author suggests that the transparency sought by some was not realized, but that such transparency may not be as important as originally thought. |
| Law and Public Policy: Future Directions for the Animal Protection Movement | Wayne Pacelle | 11 Animal L. 1 (2005) |
This article presents an overview by Wayne Pacelle of the future of the animal protection movement. |