By Joan E. Schaffner
This exploration of the newly rising, different, and debatable sector of animal lawpresents a simple survey of the legislation designed to guard animals, studying and critiquing them, and providing a destiny the place the criminal regime adequately acknowledges and protects the inherent worthy of all animals.
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Extra resources for An Introduction to Animals and the Law
This reﬂects a serious ﬂaw in our societal view of animals as beings who exist for human use and our acceptance of institutionalized practices that inﬂict serious pain and suffering upon other species for our beneﬁt. Pain and suffering are terms used in most anti-cruelty laws but are difﬁcult to distinguish. 1 Thus, pain usually refers to the reaction following an adverse physical stimuli … to be an unpleasant sensation … Suffering is sometimes taken to be pain of a certain sort – for example, sufﬁciently unwarranted, prolonged, and outside the control of the subject.
This characterization has very early roots. For example, Aristotle stated in Politics that the other animals exist for the sake of man, the tame for use and food, the wild, if not all, at least the greater part of them, for food, and for the provision of clothing and various instruments. ”38 The law distinguishes animals primarily along two lines. 39 However, there is no bright-line separating the two categories. 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.
A progressive anti-cruelty law: Puerto Rico In August 2008, Puerto Rico 39 enacted the Animal Protection and Welfare Act40 that distinguished Puerto Rico among the more progressive jurisdictions in its treatment of animal cruelty. The legislature opened the Act with a “Statement of Motives” that acknowledges that: animals are sensitive beings that are entitled to humane treatment … [and] that deserve being treated with fairness and dignity … Puerto Rico should rise above as a sensitive and progressive society that respects, protects and cares for its animals.
An Introduction to Animals and the Law by Joan E. Schaffner