Animals as Legal Beings PDF Download

Author: Maneesha Deckha
Publisher: University of Toronto Press
ISBN: 1487538251
Category : Law
Languages : en
Pages : 359

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Book Description
In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.

Author: Maneesha Deckha
Publisher:
ISBN: 1487538243
Category : Animal welfare
Languages : en
Pages : 348

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Book Description
"In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy."--

Author: S. Marek Muller
Publisher: MSU Press
ISBN: 1628954027
Category : Nature
Languages : en
Pages : 315

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Book Description
In 2011, in one sign of a burgeoning interest in the morality of human interactions with nonhuman animals, a panel hosted by the American Association for the Advancement of Science declared that dolphins and orcas should be legally regarded as persons. Multiple law schools now offer classes in animal law and have animal law clinics, placing their students with a growing range of animal rights and animal welfare advocacy organizations. But is legal personhood the best means to achieving total interspecies liberation? To answer that question, Impersonating Animals evaluates the rhetoric of animal rights activists Steven Wise and Gary Francione, as well as the Earth jurisprudence paradigm. Deploying a critical ecofeminist stance sensitive to the interweaving of ideas about race, gender, class, sexuality, ability, and species, author S. Marek Muller places animal rights rhetoric in the context of discourses in which some humans have been deemed more animal than others and some animals have been deemed more human than others. In bringing rhetoric and animal studies together, she shows that how we communicate about nonhuman beings necessarily affects relationships across species boundaries and among people. This book also highlights how animal studies scholars and activists can and should use ideological rhetorical criticism to investigate the implications of their tactics and strategies, emphasizing a critical vegan rhetoric as the best means of achieving liberation for human and nonhuman animals alike.

Author: David S. Favre
Publisher: Prometheus Books
ISBN: 1633884260
Category : Nature
Languages : en
Pages : 325

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Book Description
A legal scholar and animal-rights expert argues for a practical approach to using animals respectfully. In this fresh approach to the animal rights debate, a legal scholar and expert on the humane treatment of animals argues for a middle ground between the extreme positions that often receive the most public attention. Professor Favre advocates an ethic of respectful use of animals, which finds it acceptable for humans to use animals within limited boundaries. He looks at various communities where humans and animals interact: homes, entertainment, commercial farms, local wildlife, and global wildlife. Balancing the interests of the animal against the interests of the human actor is considered in detail. The author examines the following questions, among others: Is it ethically acceptable to shoot your neighbor's dog for barking hours on end? Is it ethical for a zoo to keep a chimpanzee in an exhibit? Is it ethical to eat the meat of an animal? Finally, he discusses how good ethical outcomes can best be transported into the legal system. The author suggests the creation of a new legal category, living property, which would enhance the status of animals in the legal system. This thoughtful, well-argued, and elegantly written book provides readers with a comprehensive and practical context in which to consider their personal and social relationships with animals.

Author: Katherine Mary Hessler
Publisher:
ISBN: 9781611630923
Category : Animal welfare
Languages : en
Pages : 0

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Book Description
For law professors looking for new tools to help explain core legal concepts, this book provides a fresh perspective on teaching such courses as Property, Contracts, Torts, Constitutional Law, Criminal Law, Remedies, Environmental Law and Wills & Trusts. Due to the ubiquitous presence and use of animals in our society, animal law overlaps with these and other areas of law. The lessons we learn from these intersecting spheres of law are important and can help us reframe our understanding of individual substantive areas. For example, a person who owns a domesticated mouse cannot legally poison or cruelly kill the mouse, whereas it is standard practice -- and legal -- to trap, kill, or poison mice who come into our homes and are considered pests. If the behavior is the same, and the legal consequence is different, one may question whether the contextual differences support that outcome. Moreover, animals are legally classified as property. However, scientifically, animals are classified as living beings with certain capacities. While the law generally fails to explicitly distinguish between living beings (non-human animals) and inanimate objects, the dissonance between the scientific and legal realities creates anomalies within the law, which are surfacing with increasing frequency. The property classification of animals, in particular, results in inconsistent legal outcomes. Analyzing animal law cases within traditional areas of law encourages critical thinking and questioning of the function of certain legal constructs, sharpens our legal analysis and tests the law''s ability to respond to changing realities. Individual topics are available as ebooks. Each individual subject area ebook begins with the front matter for the entire book, including the "General Overview." If you teach a related course, and want to consider a subject area ebook for adoption (for example, the property chapter in a property course), contact [email protected]. If approved, we will send access to the requested ebook chapter: CONSTITUTIONAL LAW CHAPTER on RedShelf Including animal law cases creates a fresh lens through which to explore core constitutional law concepts, such as standing. For example, students can be asked to examine how and what sort of plaintiff would be able to allege standing to sue when the victim of an injury is a factory farmed, research or zoo animal, providing students with an opportunity to think creatively about the application and development of key constitutional law principles in a context that is increasingly relevant in our society, but which may be new to many students. CONTRACT LAW CHAPTER on RedShelf Studying cases that involve sentient living beings enables students to think more deeply about the role of contracts in American society. Issues raised by animal law cases include: whether the legal system adequately addresses the interests of animals in contracts in which they are the subject matter; and, whether, in a contract dispute, the animal(s) can or should be considered an "interested party." More specifically, this chapter includes issues relating to leases, condominium bylaws and custody disputes, to name a few, where companion animals are at the heart of the dispute (both literally and figuratively). CRIMINAL LAW CHAPTER on RedShelf Incorporating animal law cases within a criminal law course will help students understand how the law develops in response to new information and evolving social consensus about what constitutes cruelty and which species are protected. In the past three decades, criminal anti-cruelty laws have been strengthened in all fifty states. Students will learn how this plays out in prosecutions, convictions and sentencing. As just one example, students will be exposed to the sorts of questions prosecutors and judges have to consider concerning the pre-trial forfeiture of evidence when that evidence is a live animal who cannot be humanely "stored" in an evidence room. ENVIRONMENTAL LAW CHAPTER on RedShelf Bringing animal law concepts into an environmental law class allows students to address structural change to legal principles in an explicit and rigorous manner. One example addresses concentrated animal feeding operations (CAFOs), which not only confine animals in substandard conditions, but also have deleterious effects on the environment (air, water and soil). Students will also learn about the Endangered Species Act and many other federal laws that impact individual animals as well as species. PROPERTY LAW CHAPTER on RedShelf Animal Law poses a fundamental question: How is the legal analysis of property law affected when the interests of sentient (but non-human) beings are considered? Because our legal system treats animals as property in some cases, and as quasi-property beings in other cases, judges and legislatures are creating new rules to balance existing law with a growing recognition of the special character of living forms of property. This chapter also considers the core question of whether animals should be removed from the property status. Reviewing animal law cases will encourage students to think critically and question the function of certain legal constructs that, in many respects, have not been rigorously challenged for more than a century. TORT LAW CHAPTER on RedShelf American society is undergoing a significant change in the treatment of animals, particularly the animals who live with human beings and are increasingly considered to be family members. Adding animal law concepts to a torts course engages students in analyzing how the legal system responds to changing societal values, and allows them to more clearly see bridges between legal fields. In particular, the valuation and measure of damages in tort cases, where the injured or killed victim is a beloved companion animal, is the focus in a growing number of cases throughout the country, as is the question of which tort causes of actions may be available to plaintiffs in this circumstance. Tort law involving animals, especially in cases of harm to companion animals, offers students a firsthand look at how courts approach their role in keeping the common law up-to-date with changing societal views and their rationales for doing so, or for holding firm to past precedents and deferring to state legislatures for such change. While this balancing may come up in various contexts within tort law, it is especially central to tort cases involving harms done to animals. WILLS and TRUSTS LAW CHAPTER on RedShelf Practitioners of wills, trusts and probate law increasingly encounter animal owners who wish to provide for the care of their animals at their incapacity or death. Adding animal law cases to the course syllabus offers a fresh and engaging way for students to approach core legal concepts, as well as the opportunity to think creatively about the application and development of estate planning and probate law. For example, students might have to grapple with a case in which the testator tried to create an estate plan to provide lifetime care for her five beloved dogs, but family members challenged her will in order to gain access to the residue, without having to wait for the last dog to die of natural causes; or cases where courts have to determine whether to interject their own view of what constitutes a reasonable amount of money to leave for the care of the decedent''s companion animals, even if it conflicts with the testator''s expressed intent.

Author: David S. Favre
Publisher: Aspen Publishing
ISBN: 1543815057
Category : Law
Languages : en
Pages : 741

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Book Description
Animal Law: Welfare Interests & Rights, Third Edition, by David Favre, exposes the student to the wide scope of legal and ethical issues surrounding animal law in our society. It contains a mix of cases and essay materials for a number of animal issues in the context of state police power, constitutional law, and traditional common law. A primary focus is the property status of animals in the civil and criminal law, the expanding visibility of dogs in our legal system, and the most recent attempts to seek legal rights for animals. New to the Third Edition: The introduction provides more focused materials on the fundamental concepts, such as pain and suffering, that are needed for the entire course. The chapter on damages is rewritten with new organization and updated cases. The chapter on legal rights for animals is significantly enhanced with the most recent cases. In all chapters, references are updated. Professors and students will benefit from: Clear consideration of the history of anti-cruelty criminal laws and the difficulties of using the criminal law to help animals. The key phrase of “unnecessary pain and suffering” is considered in detail. A clear articulation of the enhanced status of companion animals, within the ever-changing state laws of our country. A review of the significant limitations of the federal Animal Welfare Act. An explanation of the power of the state to pass laws regulating companions, laws dealing with breed specific bans, and dangerous dog laws. An in-depth consideration of the status of companion animals both as property and as beings with legal rights in some circumstances. Significant editing of all cases.

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0199882355
Category : Nature
Languages : en
Pages : 352

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Book Description
Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking.

Author:
Publisher:
ISBN: 1633884252
Category :
Languages : en
Pages : 274

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Book Description

Author: Katy Barnett
Publisher: Black Inc.
ISBN: 1743822154
Category : Nature
Languages : en
Pages : 436

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Book Description
An illuminating and entertaining history of the law’s treatment of animals Trespassing bees, murderous zebras, reasonable cows ... Ever since Biblical times, animals have been clashing with human laws. What to do with animals that injure or kill people, in particular, has long troubled humans. In medieval Europe, ‘killer’ animals – horses, cattle and most often pigs, which were notorious for eating young children – were put on trial. Even in the early twentieth century, circus elephants who lashed out at their keepers in America were summarily executed for their crimes. In Guilty Pigs, animal law experts Katy Barnett and Jeremy Gans guide readers through the philosophy and practice of animal-related law, from the very earliest cases to the issues we are debating today, including the responsibilities of pet owners and the application of human rights to animals. They also cover hunting rights, using animals to solve crime, protecting animals from abuse and neglect, and the unique nature of owning a living being. Filled with lively and sometimes bizarre case studies, this is a fascinating and entertaining read – for all lovers of misbehaving creatures. Katy Barnett is a professor of law at the University of Melbourne. She is the author of the young adult novel The Earth Below and co-author of Remedies in Australian Private Law. Jeremy Gans is a professor of law at the University of Melbourne. He is the author of Modern Criminal Law of Australia and The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System, a true crime book. He is a co-author of Uniform Evidence.

Author: David Favre
Publisher: Edward Elgar Publishing
ISBN: 183910063X
Category : Nature
Languages : en
Pages : 224

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Book Description
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.