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Full-Text Articles in Law
Animal Rights Without Controversy, Jeff Leslie, Cass R. Sunstein
Animal Rights Without Controversy, Jeff Leslie, Cass R. Sunstein
Law and Contemporary Problems
Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even though that treatment would trouble many consumers. Steps should be taken to promote disclosure so as to fortify market processes and to promote democratic discussion of the treatment of animals.
Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant
Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant
Law and Contemporary Problems
Justice may not require that animals be exactly the same as humans or that they have rights exactly coterminous with the rights of humans, but justice would require that animals receive protection in ways that match up with those similarities they share with humans that are characteristics considered essential to the understanding of what it means to be human. Stated generally, the argument is that if animals are similar to humans as to capacities and characteristics of humans that define humans, then animals should receive protections equivalent to the protections of humans because a just society treats like entities alike.
Bred Meat: The Cultural Foundation Of The Factory Farm, David N. Cassuto
Bred Meat: The Cultural Foundation Of The Factory Farm, David N. Cassuto
Law and Contemporary Problems
The care and upkeep of animals raised for human consumption has devolved into an industrial operation focused on maximizing economic return while paying little or no heed to the needs of the "stock." Discussions of the nature of factory farming inevitably include issues of ethical treatment of nonhuman animals and often segue into apologies for or against "animal rights." This article takes a different tack, asking instead how and why the factory-farm industry could grow ascendant in an era when the notion of the human-animal divide has become increasingly blurred.
Farm-Animal Welfare, Legislation, And Trade, Gaverick Matheny, Cheryl Leahy
Farm-Animal Welfare, Legislation, And Trade, Gaverick Matheny, Cheryl Leahy
Law and Contemporary Problems
The US has among the weakest farm-animal-welfare standards in the developed world. Although improvements in farm-animal welfare are economically feasible, nations and states enacting protective regulation are threatened by competition with cheaper, non-compliant imports. Although recognition in trade agreements and restrictions on sale could help to protect animal welfare, they may rarely be politically feasible. Campaigns directed at consumers and retailers are likely to be more cost-effective than production-related regulations in improving animal welfare and are also compatible with abolitionist objectives.
Reflections On Animals, Property, And The Law And Rain Without Thunder, Gary L. Francione
Reflections On Animals, Property, And The Law And Rain Without Thunder, Gary L. Francione
Law and Contemporary Problems
Animal interests will almost always be regarded as less important than human interests, even when the human interest at stake is relatively trivial and the animal interest at stake is significant. The result of any supposed balancing of human and nonhuman interests required by animal-welfare laws is predetermined from the outset by the property status of the nonhuman as a "food animal," "experimental animal," "game animal," et cetera.
A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim
A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim
Law and Contemporary Problems
Philosopher Rene Descartes claimed that animals were no different than inanimate objects: that they could not think or feel pain. Rejection of Descartes' views on animals is nearly universal, but today's factory farms are only possible by treating animals according to Cartesian principles. When faced with the realization that animal foods can be made affordable to most consumers only through factory farming, society is left with a dichotomous choice: either stop purchasing and consuming animal products, or animals will continue to suffer in factory farms.
What’S Good For The Goose…The Israeli Supreme Court, Foie Gras And The Future Of Farmed Animals In The United States, Mariann Sullivan, David J. Wolfson
What’S Good For The Goose…The Israeli Supreme Court, Foie Gras And The Future Of Farmed Animals In The United States, Mariann Sullivan, David J. Wolfson
Law and Contemporary Problems
Of particular interest in the issue of cruelty to farmed animals is the 2003 decision by the Supreme Court of Israel, sitting as the High Court of Justice, annulling, on animal cruelty grounds, regulations regarding the force-feeding of geese for the production of foie gras, and, ultimately, prohibiting the practice and thereby eradicating the industry.
Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.
Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.
Law and Contemporary Problems
This article considers the history, interpretation, and constitutionality of statutory exemptions that preclude prosecution either for misdemeanor or felony violation of North Carolina's criminal animal-cruelty statute, section 14-3601 of the General Statutes, in nine situations.
Humane Slaughter Laws, Jeff Welty
Humane Slaughter Laws, Jeff Welty
Law and Contemporary Problems
Much recent scholarship has focused on the conditions under which farm animals are raised. This article examines not how such animals are kept, but how they are killed and how such killing is regulated by law.