Animals Property & The Law (Ethics And Action) by Gary Francione

By Gary Francione

"Pain is ache, without reference to the race, intercourse, or species of the victim', states William Kunstler in his foreword. This ethical hindrance for the anguish of animals and their criminal prestige is the root for Gary L. Francione's profound booklet, which asks, Why has the legislation didn't defend animals from exploitation? Francione argues that the present criminal common of animal welfare doesn't and can't identify fights for animals. so long as they're considered as estate, animals could be topic to discomfort for the social and fiscal good thing about humans. Exploring each aspect of this heated factor, Francione discusses the historical past of the remedy of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and particular instances reminiscent of the arguable damage of anaesthetized baboons on the college of Pennsylvania. He completely records the paradoxical hole among our professed difficulty with humane remedy of animals and the overriding perform of abuse authorized by means of U.S. legislations. writer be aware: Gary L. Francione is Professor of legislations and Nicholas de B. Katzenbach student of legislation at Rutgers collage legislation institution, Newark. he's additionally Co-director of the Rutgers Animal Rights legislations middle.

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The reason is, as illustrated by Dudley & Stephens, that humans have certain rights that protect their interests and those interests are simply excluded from the balancing process. In the case of animals, every animal interest that we acknowledge (and we do not recognize many, and some philosophers argue that animals have no interests at all) is subject to being compromised. ” 24 THE STATUS OF ANIMALS AS PROPERTY Animal Property and Legal Welfarism The lopsided results generated by such an unbalanced balancing approach are exacerbated when the property rights of humans are involved, because animals are a form of property.

So although legal welfarism appears to be based on considerations of the consequences of actions, those consequences almost always implicate the supposed violation of human rights, and often of human rights to exercise control over property. As I just discussed in the context of explaining Regan’s theory, a right is a prima facie reason to protect the rightholder’s interest in the absence of a compelling reason to do otherwise. Since an animal is regarded solely as a means to an end as the property of human owners, and since the animal’s interests are evaluated against this status as property, the outcome is almost certain: people win and animals lose.

As part of this exploration of the status of animals as property, I present a brief historical sketch of our treatment of animals 12 INTRODUCTION as property and discuss the effect that this categorization has had on selected legal doctrines that concern our treatment of animals. In this context, I explore the concept of “standing,” a jurisdictional concept that has often been used to keep human/animal conflicts out of the courts. The concept of “standing” requires that the entity before the court be the entity properly empowered by the law to bring the particular claim.

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