Get An Introduction to Animals and the Law PDF

By Joan E. Schaffner

ISBN-10: 0230235646

ISBN-13: 9780230235649

ISBN-10: 0230294677

ISBN-13: 9780230294677

This exploration of the newly rising, various, and arguable zone of animal lawpresents a uncomplicated survey of the legislation designed to guard animals, studying and critiquing them, and providing a destiny the place the felony regime appropriately acknowledges and protects the inherent worthy of all animals.

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Extra resources for An Introduction to Animals and the Law

Example text

In comparison, the United Kingdom, which completely redrafted its animal welfare laws in 2006 to consolidate and modernize the existing laws at the time, makes it an offense to cause an animal to suffer unnecessarily. The Animal Welfare Act, chapter 45, section 4(3), lists the factors that should be taken into account in determining whether the suffering is unnecessary: (a) whether the suffering could reasonably have been avoided or reduced; (b) whether the conduct which caused the suffering was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment; Anti-Cruelty Laws 27 (c) whether the conduct which caused the suffering was for a legitimate purpose, such as – (i) the purpose of benefiting the animal, or (ii) the purpose of protecting a person, property or another animal; (d) whether the suffering was proportionate to the purpose of the conduct concerned; (e) whether the conduct concerned was in all the circumstances that of a reasonably competent and humane person.

Animals used for food or research and wild animals generally are exempt from the anti-cruelty laws. The anti-cruelty laws target only individual instances of intentional cruelty not institutionalized cruelty. 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.

UÊ -Ìi«ÊÎ\Ê iÌiVÌÊ>LÕÃiÊi>ÀˆiÀÊLÞʓ>ˆ˜Ì>ˆ˜ˆ˜}Ê`>Ì>L>ÃiÃÊ̅>ÌÊÌÀ>VŽÊ animal cruelty and other violent crimes separately and mandating 32 An Introduction to Animals and the Law the direct and cross-reporting of suspected abuse by proper authorities; for example, physicians, veterinarians, and teachers, and related agencies, such as humane law enforcement and child and adult protective services. UÊ -Ìi«Ê {\Ê ˜…>˜ViÊ «ÀœÌiV̈œ˜Ê œvÊ >Ê ۈV̈“ÃÊ œvÊ v>“ˆÞÊ >LÕÃiÊ LÞÊ facilitating the early securement of a protective order upon a showing of animal abuse in the home, giving express authority to the courts to issue protective orders that direct the care, custody, or control of a companion animal residing in the home, and providing safe havens for all victims of abuse, including the animals.

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

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