Animal Law Commons^™

Jurisprudence And Animal Protection, Carlos Montemayor

Animal Sentience

Jurisprudence is based on normative principles that go beyond instrumental reasoning and practical goals concerning what is convenient. It concerns justice and truth. The empirical evidence justifies the legal protection of various species on legal grounds. Given the risks we face regarding climate degradation, international legal agencies must expand the framework of human rights and environmental law in order to effectively protect animals and their environments.

Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White

PANDION: The Osprey Journal of Research and Ideas

Nonhuman animal trials are ridiculous to the modern sensibilities of the West. The concept of them is in opposition to the idea of nonhuman animals—entities without agency, incapable of guilt by nature of irrationality. This way of viewing nonhuman animals is relatively new to the Western mind. Putting nonhuman animals on trial has only become unacceptable in the past few centuries. Before this shift, nonhuman animal trials existed as methods of communities policing themselves. More than that, these trials were part of legal systems ensuring they provided justice for all. This shift happened because the relationship between Christian authorities and …

Animal Sentience Science And Policy, Andrew Crump

Animal Sentience

Animal sentience research cannot be divorced from its ethical and political implications. For example, discovering which animals are sentient is vital for deciding which require welfare protection. Two legal case-studies illustrate the importance of scientists in such debates: the UK Animal Welfare (Sentience) Act 2022 had input from animal sentience researchers, whereas the US Animal Welfare Act 1966 did not. The former defined sentient animals much more plausibly than the latter. I accordingly argue that sentience researchers should inform policy, and that this is achievable without sacrificing scientific integrity.

Legal Recognition Of Animal Sentience: The Case For Cautious Optimism, Jane Kotzmann

Animal Sentience

Rowan et al.’s target article provides a valuable indication of the work that was required to reach the point where animals are recognised as sentient in various laws. To ensure this work was not in vain, the language of sentience needs to be used as a moral currency to demand further cultural change involving greater human respect for animals.

The Question Is Not “Can Humans Talk?” Or “Can They Suffer?” But “Can They Reason?”, Clive Phillips

Animal Sentience

In their target article, Rowan et al (2022) make a welcome attempt to chart the development of Western progress over the past two hundred years toward formally recognizing that animals feel. They outline the heroic efforts of Compassion in World Farming to gain for animals the status of sentient beings rather than merely human property. A broader view exists, from human prehistory to the present day, in which animals have been (and still are) understood to be sentient by indigenous peoples as well as by some Eastern religions. Growing recognition in the West that animals feel represents a new age …

Animal Sentience In Indian Culture: Colonial And Post-Colonial Changes, Nanditha Krishna

Animal Sentience

The Indian tradition has respected animal sentience and non-injury toward all life. It is repeated consistently in Sanskrit literature and the later literature of the Jains and the Buddhists. Change came with the advent of Islamic rule followed by the British, who built slaughterhouses. The hunting of wildlife increased and several wild predator species were wiped out. The result was the series of legislations for animals which were initially proposed by the SPCAs and later by NGOs. In 1976, the Constitution of India was amended to make the protection of wildlife and compassion for living creatures a fundamental duty. However, …

Overcoming Inertia To Deliver Sentience Policy Commensurate With Sentience Science, Claire Bass

Animal Sentience

Rowan et al’s target article makes clear that meaningful change in policy and practice to protect animals has failed to progress in lockstep with scientific understanding of their sentience and needs. The underlying causes for inertia in political and practical progress for animals in the UK context are multi-faceted and complex, including economic forces; lack of cross-departmental accountability for animal welfare; and challenges where it suits conservation scientists to dismiss or downgrade the impacts of management decisions on individual animals. All of these influences and more must be understood and addressed if we are to deliver meaningful and timely protections …

Motivated Science: What Humans Gain From Denying Animal Sentience, Uri Lifshin

Animal Sentience

Resistance to the idea that non-human animals are sentient resembles erstwhile resistance to the theory that the earth is not the centre of the universe, or that humans evolved from “apes”. All these notions are psychologically threatening. They can remind people of their own creatureliness and mortality and might make them feel guilty or uncertain about their way of life. An honest debate over animal sentience, welfare and rights should consider the human motivation to deprive animals of these things in the first place. I briefly review empirical evidence on the psychological function of denying animal minds.

Discontinuity Between Religion, Law, And Society Through Animal Treatment In Morocco, Michael Altman

Independent Study Project (ISP) Collection

Animal treatment is a topic which is covered by many facets of what helps create the guiding principles for humans, yet all in different ways; there is some overlap, and there is some distinction. From my three months of study in Rabat, Morocco, seeing how each person approaches the homeless animal differently, I write on how three important overarching areas: religious, legal, and societal, discuss how animals should be treated.

In this paper, I will be analyzing religious texts, legal writings both in place and in draft, and will rely on external works written animal markets and on the school …

Centering Animality In Law And Liberation: The Zoopolitics Of Reclaiming The Animal In Personhood, Paulina Siemieniec

Between the Species

Although there is widespread agreement that the property status of nonhuman animals is indefensible, the debate about how to remedy their situation is ongoing. This paper explores three possibilities for approaching the issue of legal status: (1) extending the existing concept of personhood beyond the human to other animals; (2) developing an alternative legal subjectivity for nonhuman animals that is neither property nor personhood; (3) redefining personhood in animal terms while retaining the rights-bearing significance of personhood and decentering the human from animal subjectivity in law. I offer a critique of the first two strategies and defend the third on …

Review Of Lisa Kemmerer's Sister Species: Women, Animals, And Social Justice, Marine Lercier

Between the Species

What do we have in common with animals, and what do these women have in common? We are Sister Species, if not sisters at all. Lisa Kemmerer invites us to realize that we are more alike than different and to become aware of what our animal brothers and especially sisters experience: the suffering they endure because of our absurd inconsistencies and oppositions - even within the animal rights movement, often unbeknownst to us. The goal: more effective discourse and action, educating us to the other in the face of a norm imposed by a power, a discourse of normalization …

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

Heeding The Call Of Covid-19, David Wiebers, Valery Feigin

Animal Sentience

We are grateful to all of our commentators. They have provided a wide range of valuable perspectives and insights from many fields, revealing a broad interest in the subject matter. Nearly all the commentaries have helped to affirm, refine, expand, amplify, deepen, interpret, elaborate, or apply the messages in the target article. Some have offered critiques and suggestions that help us address certain issues in greater detail, including several points concerning industrialized farming and the wildlife trade. Overall, there is great awareness and strong consensus among commentators that any solution for preventing future pandemics and other related health crises must …

Greedy Bat Eaters Versus Cruel Pig Killers: The Lose-Lose Battle Of Divisive Discourse, Angela Lee

Animal Studies Journal

Unsurprisingly, the circumstances and challenges brought about by the COVID-19 pandemic have generated strong reactions. Among the more notable, Canadian musician and animal activist Bryan Adams made headlines when he went on a tirade on social media denouncing ‘fucking bat eating, wet market animal selling, virus making greedy bastards’ and advocating for veganism. This article uses this incident as a prism through which to examine the values and assumptions informing some of the central debates within the mainstream animal advocacy movement today. Certainly, there is an urgent need for a critical re-evaluation of the policies and practices that have created …

Verification And Explanation Of The Prophetic Traditions (Hadiths) Of Kindness To Animals, Helmi Abed El- Hadi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research includes a collection of Hadiths (prophetic traditions) mentioned by Prophet Mohammad (Peace and blessings of Allah be upon him), in which he urged Muslims to deal kindly with the animals when Muslims use these animals for all purposes like riding, loading milking and even slaughtering them.

The researcher has also verified the authenticity, judged and explained all of these respective Hadiths in a wise way to show the greatness of Islam in dealing with animals; he was neither lengthy nor short. In fact, the greatness of Islam is clearly shown in dignifying these animals which, in turn, entails …

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …

China's Lack Of Animal Welfare Legislation Increases The Risk Of Further Pandemics, Amanda Whitfort

Animal Sentience

Legislation enforcing positive animal welfare standards provides an important buffer against the spread of disease when other safeguards to promote animal health have failed. The continuing absence of animal welfare legislation in China increases the risk of future pandemics, like COVID-19, and puts animal health, and consequently public health in danger.

Rethinking Global Governance To Address Zoonotic Disease Risks: Connecting The Dots, Kelley Lee

Animal Sentience

Large-scale changes in human behaviour are urgently needed to prevent future pandemics involving zoonotic diseases such as COVID-19. However, this will not happen to the required degree, and with sufficient speed, without a major shift in how humanity collectively governs itself. Alongside a shift in focus from individual behaviours to the structural conditions underpinning the world economy that shape human behaviours, effective global governance presses us to connect more dots than ever before. The One Health approach is an important starting point but we need to go much further.

Global Risks Of Intensive Animal Farming And The Wildlife Trade, Deborah Cao

Animal Sentience

This commentary discusses two issues highlighted by Wiebers & Feigin in the context of the current and future global health crisis: the wildlife trade and factory farming. Both are instances of globalized animal cruelty – in China as well as worldwide -- that require global solutions for the well-being of both humans and nonhumans.

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Smart Sheep Need More Protection, Michael L. Woodruff

Animal Sentience

The target article unequivocally establishes that sheep are far more intelligent and cognitively sophisticated than is generally acknowledged. For this reason, the authors advocate for significantly more stringent regulation of agricultural and research practices when sheep are used. I briefly review the existing US regulations governing the use of sheep in research and discuss the extent to which they are applied to sheep. I then discuss weaknesses in the current regulations, concluding that they should be changed to mandate housing all research animals in environments that accommodate the psychosocial needs of each species.

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Protest Of Controversial Art In New York City Museums In 2017-2018: Reactions, Responses, And Legal/Ethical Obligations Of Museums In The Age Of #Metoo, #Blacklivesmatter, And Activism On The Internet., Isabel Telonis

MA Theses

Over the last two years, museums in New York City have experienced a rise in protest and backlash against the display of works of art, particularly those that are perceived as offensive, controversial, and relevant to current sociopolitical issues.

This thesis explores three case studies of controversy at the Metropolitan Museum of Art, the Whitney Museum of American Art, and the Solomon R. Guggenheim Museum, all of which faced protest and public criticism over particular works of art and responded in a unique way to their respective scandal. This study is comprised of an introduction, four chapters, and a conclusion. …

Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.

Between the Species

In their recent book, Sherry Colb and Michael Dorf defend the following ethical theses: (1) sentience is sufficient for possessing the right not to be harmed and the right not to be killed; (2) killing sentient animals for food is almost always seriously wrong; (3) aborting pre-sentient fetuses raises no moral concerns at all; and (4) aborting sentient fetuses is wrong absent a reason weighty enough to justify killing the fetus. They also discuss strategies and tactics for activists: They oppose the use of graphic images by activists on tactical grounds, and they categorically oppose the use of violence by …

Refining The Precautionary Framework, Jonathan Birch

Animal Sentience

Most of the commentators so far agree that the precautionary principle can be usefully applied to the question of animal sentience. I consider various ways of refining my proposals in light of the suggestions. I amend BAR to implement C. Brown’s suggestion that the scope of animal welfare law should be extensible by phylogenetic inference from orders in which credible indicators of sentience are found. In response to C. Brown, Mallatt, and Woodruff, I amend ACT to allow that a single credible indicator may sometimes call for urgent further investigation rather than immediate protection. In response …

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The first game in the series is a strategy game called Lost & …

Animal Sentience And The Precautionary Principle, Jonathan Birch

Animal Sentience

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a …

An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn

Animal Sentience

Legislation throughout the U.S. recognizes animal sentience and the importance of veterinary reporting to combat the ongoing suffering of these animal victims: All 50 states have felony penalties available for animal cruelty crimes, and veterinary reporting is permitted or required in the majority of states. The remaining minority of U.S. states should take action to require veterinarians to report animal cruelty and render veterinarians immune for good faith reporting.