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Articles 1 - 22 of 22
Full-Text Articles in Law
Jurisprudence And Animal Protection, Carlos Montemayor
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
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
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
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 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
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
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.
Heeding The Call Of Covid-19, David Wiebers, Valery Feigin
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 …
Animal Sentience: History, Science, And Politics, Andrew N. Rowan, Joyce M. D'Silva, Ian J.H. Duncan, Nicholas Palmer
Animal Sentience: History, Science, And Politics, Andrew N. Rowan, Joyce M. D'Silva, Ian J.H. Duncan, Nicholas Palmer
Animal Sentience
This target article has three parts. The first briefly reviews the thinking about nonhuman animals’ sentience in the Western canon: what we might know about their capacity for feeling, leading up to Bentham’s famous question “can they suffer?” The second part sketches the modern development of animal welfare science and the role that animal-sentience considerations have played therein. The third part describes the launching, by Compassion in World Farming, of efforts to incorporate animal sentience language into public policy and regulations concerning human treatment of animals.
China's Lack Of Animal Welfare Legislation Increases The Risk Of Further Pandemics, Amanda Whitfort
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
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
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
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
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.
Smart Sheep Need More Protection, Michael L. Woodruff
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.
Refining The Precautionary Framework, Jonathan Birch
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 …
Sensitizing Humans To Fish Sentience, Kelly Levenda
Sensitizing Humans To Fish Sentience, Kelly Levenda
Animal Sentience
Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.
Animal Sentience And The Precautionary Principle, Jonathan Birch
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
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 Sentience: The Other-Minds Problem, Stevan Harnad
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 …
Animal Mourning: Précis Of How Animals Grieve (King 2013), Barbara J. King
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 …
Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance
Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance
Animal Sentience
Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.