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Full-Text Articles in Law
Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes
Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes
Animal Law Review
This Note evaluates the methods advocates have taken toward furthering great ape protection in the United States (U.S.). Many animal advocates argue that abolishing animals’ property status is essential to establishing effective protections; nonetheless, it will take time for our society to accept the concept of legal personhood for animals. Therefore, this Note suggests that for the time being, great ape protection should be framed in a human context, to protect animals within the existing, property-based animal law system. In general, this Note provides background on the property status of animals in the U.S., specifically analyzes the legal status of …
Speaking For The Modern Prometheus: The Significance Of Animal Suffering To The Abolition Movement, Elizabeth L. Decoux
Speaking For The Modern Prometheus: The Significance Of Animal Suffering To The Abolition Movement, Elizabeth L. Decoux
Animal Law Review
There is a great divide in animal advocacy between Abolition and Welfare. Abolitionists seek to end the property status of animals. Welfarists, while acquiescing in the categorization of animals as property, seek to improve the conditions in which those animals live and die. Abolitionists have worked toward their goal for decades, and Welfarists toward theirs for centuries, but animals continue to suffer and die in ever-increasing numbers. This Article reviews the theories and methods of Abolitionists and Welfarists and suggests one reason that they have failed to relieve animal suffering and death: Welfarists use the right tool in the service …
A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden
A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden
Animal Law Review
Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …
Pets In The Eye Of The Storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes, Megan Mcnabb
Pets In The Eye Of The Storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes, Megan Mcnabb
Animal Law Review
The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king’s court in order to resolve their quarrel as to which of them is the true mother. This article recounts a modern-day King Solomon story: the “baby” is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody dispute cases that arose after the …
The Animal Question: The Key To Coming To Terms With Nature, Jim Mason
The Animal Question: The Key To Coming To Terms With Nature, Jim Mason
Animal Law Review
No abstract provided.
To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production, Geoffrey C. Evans
To What Extent Does Wealth Maximization Benefit Farmed Animals? A Law And Economics Approach To A Ban On Gestation Crates In Pig Production, Geoffrey C. Evans
Animal Law Review
A law and economics approach in the current animals-as-property realm could be the most efficient way to gain protections for the billions of farmed animals that need them now. The wealth maximization theory allows for this because it recognizes human valuation of nonhuman interests. However, evidence shows that a market failure exists because of the discord between public will and animal industry practices. Where human valuation of nonhuman interests is underrepresented in the market and, therefore, a market fix is needed through legislation, animal advocates should evaluate the legislation’s economic impacts. In the case of a ban on gestation crates, …
State Animal Protection Laws -- The Next Generation, Stephan K. Otto
State Animal Protection Laws -- The Next Generation, Stephan K. Otto
Animal Law Review
A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.
Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett
Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett
Animal Law Review
Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.
Political Ideology And The Legal Status Of Animals, Robert Garner
Political Ideology And The Legal Status Of Animals, Robert Garner
Animal Law Review
Mr. Garner challenges the traditional notion that significant improvements to animals’ well being cannot be achieved absent an abolition of their status as mere property. In so doing, Mr. Garner explores political factors affecting animal protection, including the current ideological climate and western notions of liberalism.
Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise
Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise
Animal Law Review
The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.
The Thirsty Cow And And Important Distinction, Priscilla Cohn
The Thirsty Cow And And Important Distinction, Priscilla Cohn
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler
Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler
Animal Law Review
Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.