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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.
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 …
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 …