An introduction to animals and the law /
Throughout history, humans have raised and confined animals for food, clothing and research, trained animals for entertainment, fought animals for sport, bought and sold animals for profit, and lived with animals for companionship. The law under the umbrella of 'animal law' regulates these...
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| Format: | Book |
| Language: | English |
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Houndmills, Basingstoke, Hampshire ; New York :
Palgrave Macmillan,
2011
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| Series: | Palgrave Macmillan animal ethics series
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| Subjects: | |
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Table of Contents:
- 1. Animals and the law : the basics
- Introduction
- What is animal law?
- The "animals"
- The "law"
- Legal systems
- Sources of law
- Legal rules and legal rights
- Animals as things owned as property
- Moving on from the basics
- 2. Anti-cruelty laws
- State statutes
- The basic elements
- The link
- A progressive anti-cruelty law: Puerto Rico
- Common law: interpreting and applying anti-cruelty statutes
- Targeting animal fighting
- When animal-cruelty statutes arguably infringe defendants' constitutional rights
- Infringing speech
- Infringing religious practices
- A case study: cruelty to animals used for food: comparing the New Jersey and Israeli approaches
- The animals: who they are and our obligations to them
- The court's role
- "Accepted agricultural practices"
- Humane versus cruel
- Lessons learned
- What about wildlife?
- Anti-cruelty versus game laws
- Hunting and trapping
- A brief comparison to Australasia
- Enforcement: public and private
- 3. Animal welfare laws
- Introduction: animal welfare acts
- Animals used for research
- Goals and functions
- Procedures for implementing
- The three Rs-- Enforcement
- A case study: standing and the AWA
- Comparison to the United Kingdom
- Animals used for breeding and sold as pets
- Animals used for entertainment
- Defining "exhibitor"
- Regulating exhibitors
- The ethics of exhibiting animals
- A case study: seeking to protect Asian elephants in the Ringling Brothers' Circus
- Animals used for food
- Introduction: factory farming
- Regulating slaughter and transport
- A case study: statutory and regulatory interpretation excluding birds from the HMSA
- Some hopeful developments at the state level
- Thinking outside the battery cage
- Progressive approaches: the United Kingdom and the European Union
- 4. Animal control and management laws
- Domestic animals
- Controlling ownership
- Challenging animal control laws
- Legislating to save homeless companion animals
- Dangerous dog laws
- A hypothetical case study: feral cats
- Wildlife
- State game laws
- Federal conservation laws
- 5. Animals, the constitution and the private law
- Animals and the Constitution
- State constitutions
- Constitutions worldwide
- A case study: animal protection in the German Constitution
- Animals and private law
- Regulating interpersonal relationships
- Protecting the owner's interests
- A case study: valuing companion animals
- 6. The future : animals as subjects, an all-inclusive legal regime
- Welfare versus rights
- Problems for animals under current law
- Approaches for improving the law for animals
- Four approaches along the continuum
- A progressive model act
- A brief summary of the five approaches
- The future: an all-inclusive legal regime
- Some basics to create an all-inclusive legal paradigm