By Joan E. Schaffner
This exploration of the newly rising, various, and arguable region of animal lawpresents a uncomplicated survey of the legislation designed to guard animals, interpreting and critiquing them, and featuring a destiny the place the criminal regime accurately acknowledges and protects the inherent worthy of all animals.
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Extra resources for An Introduction to Animals and the Law
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.
Chapter 4 then turns to the laws that address public health, safety and the environment, the animal control and management laws. Chapter 5 focuses on the two legal regimes in which animals generally are absent as subjects, the constitution and the private law. Although absent as subjects, these laws do protect human owners’ interests in their animals and in turn affect animals’ interests as well. The ﬁnal chapter explores possibilities for the future of animal protection law by summarizing several of the legal theories proposed to improve upon the laws, analyzing how effective these theories are likely to be, and proposing a few basic principles to create an all-inclusive legal regime that recognizes, values and protects all animals’ inherent interests in themselves as sentient beings, independent of their relationship to humans.
Finally, the law demands enforcement and requires coordination with organizations that provide services to animals. ” Ironically, cock-ﬁghting remains legal in Puerto Rico although outlawed in all 50 states and the District of Columbia. Common law: interpreting and applying anti-cruelty statutes Analysis of cases applying the law is critical to understanding how the law is interpreted and enforced. 43 After an inspector noticed that Mabel was limping, he notiﬁed the driver. Although the driver suspended Mabel’s service for that day, he had her pulling the cab the next day while still limping.
An Introduction to Animals and the Law by Joan E. Schaffner