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Full-Text Articles in Law

Jurisprudence And Animal Protection, Carlos Montemayor Jan 2023

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.


Animal Sentience Science And Policy, Andrew Crump Jan 2022

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 Jan 2022

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 Jan 2022

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 …


Overcoming Inertia To Deliver Sentience Policy Commensurate With Sentience Science, Claire Bass Jan 2022

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 …


Animal Sentience In Indian Culture: Colonial And Post-Colonial Changes, Nanditha Krishna Jan 2022

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, …


Rethinking Global Governance To Address Zoonotic Disease Risks: Connecting The Dots, Kelley Lee Jan 2020

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 Jan 2020

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.


Rethinking Rewilding Through Multispecies Justice, Danielle Celermajer Jan 2020

Rethinking Rewilding Through Multispecies Justice, Danielle Celermajer

Animal Sentience

Baker & Winkler’s argument that some humans, especially some Indigenous peoples, neither conceive of themselves as ontologically distinct from nature, nor do they organize their lives as such, is an important one. However, one needs to understand how colonialism and global capitalism have drawn Indigenous peoples and animals into new political economies. The new situation and the constrained opportunities available may have introduced a range of injustices or forms of violence that did not previously exist. This commentary proposes how a multispecies justice lens might assist in evaluating the most just arrangement for all parties, human and non-human.


Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell Jan 2020

Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell

Animal Sentience

This commentary extends Wiebers & Feigin’s (2020) plea to adopt diets that are less dependent on animals by calling on experts and activists to work for change with regard to farm worker labor conditions. Already doing among the most dangerous jobs, farmworkers are at increased risk of COVID-19. As we increasingly transition to plant-based diets, we must all ensure that farmworkers have safe and just working conditions to meet the demands of our changing diets.


An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn Feb 2016

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.


Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King Jan 2016

Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King

Animal Sentience

Abstract: When an animal dies, that individual’s mate, relatives, or friends may express grief. Changes in the survivor’s patterns of social behavior, eating, sleeping, and/or of expression of affect are the key criteria for defining grief. Based on this understanding of grief, it is not only big-brained mammals like elephants, apes, and cetaceans who can be said to mourn, but also a wide variety of other animals, including domestic companions like cats, dogs, and rabbits; horses and farm animals; and some birds. With keen attention placed on seeking where grief is found to occur and where it is absent …


Animal Sentience: The Other-Minds Problem, Stevan Harnad Jan 2016

Animal Sentience: The Other-Minds Problem, Stevan Harnad

Animal Sentience

The only feelings we can feel are our own. When it comes to the feelings of others, we can only infer them, based on their behavior — unless they tell us. This is the “other-minds problem.” Within our own species, thanks to language, this problem arises only for states in which people cannot speak (infancy, aphasia, sleep, anaesthesia, coma). Our species also has a uniquely powerful empathic or “mind-reading” capacity: We can (sometimes) perceive from the behavior of others when they are in states like our own. Our inferences have also been systematized and operationalized in biobehavioral science …