An Introduction to Animals and the Law [electronic resource] /
Schaffner, Joan E.author.
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.
Description based upon print version of record.
Cover; Contents; Abbreviations; Table of Authorities; Series Preface; Acknowledgments; 1 Animals and the Law: The Basics; Introduction; What is animal law?; The ""animals""; The ""law""; Legal systems; Sources of law; Legal rules and legal rights; Animals as things owned as property; Moving on from the basics; 2 Anti-Cruelty Laws; State statutes; The basic elements; The link; A progressive anti-cruelty law: Puerto Rico; Common law: interpreting and applying anti-cruelty statutes; Targeting animal fighting; When animal-cruelty statutes arguably infringe defendants' constitutional rights
Infringing speechInfringing religious practices; A case study: cruelty to animals used for food - comparing the New Jersey and Israeli approaches; The animals - who they are and our obligations to them; The court's role; ""Accepted agricultural practices""; Humane versus cruel; Lessons learned; What about wildlife?; Introduction; Anti-cruelty versus game laws; Hunting and trapping; A brief comparison to Australasia; Enforcement: public and private; 3 Animal Welfare Laws; Introduction: animal welfare acts; Animals used for research; Goals and functions; Procedures for implementing
The three RsEnforcement; A case study: standing and the AWA; Comparison to the United Kingdom; Animals used for breeding and sold as pets; Animals used for entertainment; Defining ""exhibitor""; Regulating exhibitors; The ethics of exhibiting animals; A case study: seeking to protect Asian elephants in the Ringling Brothers' Circus; Animals used for food; Introduction: factory farming; Regulating slaughter and transport; A case study: statutory and regulatory interpretation excluding birds from the HMSA; Some hopeful developments at the state level; Thinking outside the battery cage
Progressive approaches: the United Kingdom and the European Union4 Animal Control and Management Laws; Domestic animals; Controlling ownership; Challenging animal control laws; Legislating to save homeless companion animals; Dangerous dog laws; A hypothetical case study: feral cats; Wildlife; State game laws; Federal conservation laws; 5 Animals, the Constitution and Private Law; Animals and the constitution; State constitutions; Constitutions worldwide; A case study: animal protection in the German constitution; Animals and private law; Regulating interpersonal relationships
Protecting the owner's interestsA case study: valuing companion animals; 6 The Future: Animals as Subjects, an All-Inclusive Legal Regime; Welfare versus rights; Problems for animals under current law; Approaches for improving the law for animals; Four approaches along the continuum; A progressive model act; A brief summary of the five approaches; The future: an all-inclusive legal regime; Some basics to create an all-inclusive legal paradigm; Examples; Conclusion; Notes; Index
Includes bibliographical references (p. 193-232) and index.
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.
Ethics.
Political science.
Sociology.
Bioethics.
Philosophy and science.
Ethics.
Moral Philosophy.
Philosophy of Law.
Sociology, general.
Bioethics.
Philosophy of Science.