Agriculture

An Introduction to Animals and the Law - download pdf or read online

By Joan E. Schaffner

ISBN-10: 0230235646

ISBN-13: 9780230235649

ISBN-10: 0230294677

ISBN-13: 9780230294677

This exploration of the newly rising, varied, and debatable zone of animal lawpresents a simple survey of the legislation designed to guard animals, examining and critiquing them, and providing a destiny the place the criminal regime appropriately acknowledges and protects the inherent worthy of all animals.

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The legal construct of “property” and the related concept of “ownership” are very broad and abstract. 76 Wild animals fell into the common class, meaning they belonged in common to all citizens. Under natural law, one gained ownership over things through dominion. This rule is called the “animals ferae naturae doctrine” and provides that wild animals reside within the common and belong to no one as long as the animal remains wild, unconfined, and undomesticated. Sir William Blackstone, an English 20 An Introduction to Animals and the Law judge who wrote a treatise on the common law that remains an important source for the classical view, commented: A man may lastly have a qualified property in animals ferae naturaepropter privilegium; that is, he may have the privilege of hunting, taking and killing them in exclusion of other persons.

For example, feral cats present unique problems for humans and the law as they are domesticated animals that have gone “wild” in the sense that they are no longer socialized to humans. Moreover, wild animals may be owned by humans and kept in a domestic, captive, setting. The Animals and the Law: The Basics 11 second distinction is based on humans’ use of the animal. The laws are organized around the various uses; for example, animals used for companionship, research, entertainment, and farming.

I&R grants citizens the power to rule directly. 52 Given the malleability of state constitutions, animal advocates have used the voter initiative process to gain victories for animals by appealing directly to the voters rather than lobbying the legislatures. What animal advocates have found is that while winning the majority of voters is still difficult, they have a better chance of getting “what they want without any major concessions or compromises”53 that are often necessary when lobbying politicians.

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An Introduction to Animals and the Law by Joan E. Schaffner


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