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Full-Text Articles in Law

Refining The Precautionary Framework, Jonathan Birch Jan 2017

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 Jan 2017

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 Jan 2017

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 …