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Open Access. Powered by Scholars. Published by Universities.®

Columbia Law School

2006

Criminal Law

Anticruelty state

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“The Inalienable Rights Of The Beasts”: Organized Animal Protection And The Language Of Rights In America, 1865-1900, Susan Pearson Jan 2006

“The Inalienable Rights Of The Beasts”: Organized Animal Protection And The Language Of Rights In America, 1865-1900, Susan Pearson

Studio for Law and Culture

Contemporary animal rights activists and legal scholars routinely charge that state animal protection statutes were enacted, not to serve the interests of animals, but rather to serve the interests of human beings in preventing immoral behavior. In this telling, laws preventing cruelty to animals are neither based on, nor do they establish, anything like rights for animals. Their raison d’etre, rather, is social control of human actions, and their function is to efficiently regulate the use of property in animals. The (critical) contemporary interpretation of the intent and function of animal cruelty laws is based on the accretion of …