Dissertations / Theses on the topic 'Animal welfare (Islamic law)'

The current legal framework pertaining to animals does not sufficiently address the welfare of animals. The Animal Protection Act 71 of 1962 does not specifically regulate the welfare of animals contained in research laboratories. Animals utilized for experimental research purposes endure tremendous “unnecessary suffering” due to legislative inaptitude. Experimental animals suffer inherent abuses associated with experimental research because of the methods, procedures and processes relevant to the experiments. The most controversial method of experimental research is vivisection. The method of vivisection is not only invasive but also causes “unnecessary suffering” to animals. The non-inherent abuses animals suffer during confinement in a laboratory solely relates to uncontrolled and unregulated conduct of staff. Continuing the application of the current legislative framework may also be detrimental to the health and well-being of humans. Animals are specifically utilized as objects of science in research laboratories. The data obtained from research experiments conducted on animals are for the benefit of humankind rather than the animals. Scientific research concluded that not only are invasive methods of research conducted on live animals generally regarded as useless but extrapolating data from animals to humans can also be misleading, unnecessary and dangerous. False results and questionable methodologies are some of the other problems that seem to require urgent attention. Ethically, neither human nor animal should be utilized at the expense of the other and therefore it would be reasonable to recommend that legislative reform takes place. The human perception of animals in terms of the relationship we have with them is the reason why legislative inaptitude in terms of animal welfare exists. The current approach followed is the philosophy of Utilitarianism. Utilitarians believe that neither humans nor animals have rights but interests. Utilitarianism focuses on the permissibility of an act (the use of animals) by weighing the benefits of such an act to the costs suffered because of such act. If the benefits outweigh the costs suffered, the act is permissible. The application of Utilitarianism seems to be the crux of our legislative inaptitude. The human perception and view of animals must therefore be re-directed to develop a sufficient legal framework in terms of animal welfare. A solution offered is to apply an alternative interpretation to the concept of “dignity” (capabilities approach) and progressive realisation. In terms of this solution a species capabilities in terms of its value, capabilities and worth are considered. Inherent to its value, capabilities and worth, is its “dignity”. Once the alternative interpretation of “dignity” is acknowledged, the progressive realisation of its interests can be achieved.
Thesis (LLM)--North-West University, Potchefstroom Campus, 2013

"Our war is not against Islam.....Our war is a war against evil…" -President George W. Bush.

Despite President Bush's rhetoric attempting to separate Muslims in general from terrorists who adhere to the Islamic faith, the policies of the War on Terror have generally focused on Muslims domestically and abroad, often for no greater reason than a shared religious identity with the perpetrators of the 9/11 attack (see for example, National Special Entry-Exit Registration). While foreign-born Muslims were the primary subjects of earlier policies in the War on Terror, several cases involving Muslim Americans suggest that despite holding U.S. citizenship, they may be subject to differential standards of justice (i.e. Hamdi v. Rumsfeld or the targeted killing of Anwar Al-Awlaki). Building on previous scholarship that has examined the Muslim American experience post 9/11, this dissertation focuses on the relationship between the substance and implementation of laws and policies and Muslim American attitudes towards political efficacy and orientations towards the U.S. government. In addition, this dissertation examines the relationship between policy design and implementation and Muslim American political participation, alienation, and withdrawal.

This study was approached through the lens of social construction in policy design, a theoretical framework that was pioneered by Anne Schneider and Helen Ingram. Schneider and Ingram (1993, 1997) focus on the role of public policy in fostering and maintaining democracy. With the goal of understanding public policy as a vehicle to promoting or inhibiting democracy, their analysis focuses on how the use of social constructions of different policy group targets can affect their attitudes towards government and citizenship, in addition to behaviors such as political participation.

According to Schneider and Ingram (1993, 1997, 20005), groups with favorable constructions can expect to receive positive treatment and exhibit positive attitudes towards government and participate at higher levels than groups with negative social constructions, who will develop negative orientations towards government, a decrease in feelings of political efficacy, and lower levels of political participation. Within this conceptualization of the impact of policy on target groups is the element of political power, which Schneider and Ingram (1993, 1997, 2005) examine as a measure of the degree to which different target groups can challenge their social construction and, subsequently, the policy benefits or burdens directed at them.

Research studying the impact of policies on differently constructed groups (welfare recipients, veterans, etc.) has empirically verified Schneider and Ingram's (1993, 1997, 2005) social construction in policy design theory. However, none of the existing research has yet to apply this framework to Muslim Americans as a group and in the context of counter-terrorism policies.

In order to situate the Muslim American responses according to the theories' main propositions, this study provides a background on many of the post 9/11 counter-terrorism policies, highlighting those policies that have disproportionately impacted members of this group. This research also examines how the War on Terror has been framed, and the actors involved in the construction of the Muslim image, with a focus on discerning the ways in which members of this population have been demonized and positioned as collectively responsible for acts of terrorism perpetrated by other Muslims.

This study utilized a mixed methods approach and included a quantitative survey and qualitative interviews. Purposive sampling was used in order to obtain a sample of Muslim Americans from different racial and ethnic backgrounds proportionate to the demographics of this community in the United States. The study findings are based on surveys from 75 individuals and interviews with 61 individuals.

The findings in this study reveal that Muslim Americans overwhelmingly perceive themselves to be the target of the War on Terror policies. Further, the data in this study shows that Muslim Americans across a range of backgrounds question the degree to which they are entitled to equity in both cultural and legal citizenship, including procedural justice. Despite exhibiting these views towards citizenship and procedural justice, a majority of Muslim Americans nonetheless reported increased levels of political participation as a response to policies that targeted them.

These findings provide additional empirical support for the social construction in policy design framework. Specifically, this data demonstrates that Muslim Americans in large part believe themselves to be the policy targets and have internalized many of the social constructions that have emerged vis-à-vis policy design and implementation. Consequently, Muslim Americans have developed subsequently negative orientations towards government and a sense of diminished citizenship. While the study results in terms of increased political participation may appear to be at odds with what the framework suggests, these increased levels of political participation are more properly couched as being a function of fear or threat, and in this sense a symptom of being targeted. (Abstract shortened by UMI.)

The issues raised in this thesis concern the adverse effects of EU's wildlife trade regulations, mainly the unequal treatment of captive and wild-born endangered animals. The nature of these regulations is analyzed from an animal law perspective. The purpose of the analysis is to determine whether the regulations are anthropocentric and, if so, what issues arise from it. Previous research has studied the legal personhood of animals in relation to animal welfare. This thesis continues that discussion by examining legal animal rights as a potential solution to the issues of wildlife trade. The analysis is pragmatic and employs a non-formalistic view of law. Consequentially, it uses a doctrinal and legal philosophical approach, meaning that sources outside of law are integral to the discussion. The results of the analysis show that EU’s wildlife trade regulations are anthropocentric and that this has led to severe issues regarding the welfare of endangered animals. In addition, the practical enforcement of the regulations has proven defective. Legal rights for animals seem to provide a viable solution to these issues, yet their practical implementation is complicated. The reasons for this are primarily financial and opinion-based. Therefore, a step-by-step approach, starting with limited fundamental rights and resulting in full legal personhood for animals, is recommended for this approach to be successful.

What does it mean to be cruel to an animal? What does it mean for an animal to suffer? These are the questions embedded in the term "cruelty to animals," which has seemed, at first glance, a well defined term in modern America, in so far as it has been codified in anti-cruelty statutes. Cruelty to animals has been a disputed notion, though. What some groups call cruel, others call business, science, culture, worship, and art. Contests over the humane treatment of animals have therefore been contests over history, ideology, culture, and knowledge in which a variety of social actors-- animal scientists, cockfighters, filmmakers, FBI agents, members of Congress, members of PETA, and many, many others--try to decide which harms against animals and which forms of animal suffering are justifiable. Behaving Like Animals examines these contests in the United States from the beginning of the twentieth century to the present, focusing on four practices that modern American animal advocates have labeled cruel: malicious animal abuse, cockfighting, intensive animal agriculture, and the harming of animals on film. These case studies broadly trace the contours of American attitudes toward human cruelty and animal suffering over the last century. They also trace the historical evolution of the ideas embedded in the term “cruelty to animals.” Cruelty to animals has been the structuring logic of animal advocacy for two centuries, and historians have followed its development through the nineteenth century as a constellation of ideas about human and animal natures, about cruelty and kindness, and about suffering and sentience—very old ideas rooted in western intellectual thought and given shape by nineteenth-century sentimental culture. Behaving Like Animals follows this historical and intellectual thread into the twenty-first century, and reveals how these old ideas adapted to modern and evolving regimes of knowledge, science, and law, as they became thickly knotted in America’s varied and transforming social, cultural, intellectual, political, and legal contexts. That process has had varied and far-reaching implications in modern American culture, structuring social relations among Americans while shaping understandings of the place of animals in American society. Behaving Like Animals tells this history.

Veterinary negligence within the United Kingdom is under-litigated and under-theorised. Further, the owner-property dyadic means those who have suffered emotional harm cannot claim whilst veterinarians lack external guidance on evolving expectations. To address this tension, this thesis aims to provide guidance to veterinarians on their legal obligations stemming from the triangular relationship between veterinarian, owner, and animal, and to advance the position of the animal within this relationship by advocating a best interests approach. At the damage stage, a sentient constitutive property model, in which the reciprocal relationship between owner and animal is central, will be advocated. The veterinarian’s duty will similarly shift from one which protects the claimant’s financial interest, to one protecting the integrity of the reciprocal relationship. Where the animal’s best interests are at risk, veterinarians may be protected from liability where they have acted to protect this interest. Looking to breach, the importance of expert testimony necessitates profession-wide support of these ideas. To achieve this, new professional guidance developed by a representative council who embrace the aims of this thesis is advocated. Grounding these ideas is the position that courts should be alive to doctrinal aspects of vulnerability and reason decisions based on compassion and fairness.

A Constituição Federal de 1988 foi de fundamental importância para consagrar ao Poder Público a incubência de evitar que animais sejam submetidos aos maus-tratos ou atos decrueldade, devendo sempre agir para evitar e proibir essa exposição do animal.Trata-se de uma determinação incubida ao Estado, de forma que o mesmo não deve ser omisso, ou seja, deixar de cumprir essa regra constitucional. Todavia, a realidade mostra-se contrária ao preceito legal, principalmente quando se vislumbra a situação vivida pelos animais (equídeos) utilizados nos veículos de tração nas cidades brasileiras. São animais que vivem sendo maltratados e expostos a atos cruéis por parte de seus proprietários, como por exemplo o uso incondicional do chicote, que causa sérias feridas no animal, assim como a falta de cuidados básicos, como a oferta de água e alimentos necessários para manter a nutrição do animal, e, em nenhum momento, há uma atuação do Poder Público para proibir essa situação. Poucas são as cidades brasileiras que buscaram proibir o uso dessa atividade ou regrar de forma a garantir o bem-estar do animal, atendendo assim ao que determina a Constituição vigente, já que a grande maioria dos municípios não buscam nenhuma melhora para essa causa animal. Instala-se a dúvida se não seria a mudança do status jurídico do animal, para a condição de sujeito de direitos, a possível solução no fim da exploração dos animais. Na presente pesquisa será abordado a evolução histórica do pensamento humano sobre o animal, e em especial o animal de tração, os tipos de maus-tratos que essa espécie enfrenta no dia a dia, o tipo de responsabilidade civil que assume o Estado que age de forma omissa com essa situação e a importância do Poder Judiciário, Ministério Público e das Organizações Não-Governamentais na luta contra a exploração do animal de tração além da discussão da possibilidade de mudança da condição jurídica dos animais. Para o trabalho foi utilizado o método hermenêutico e a pesquisa bibliogáfica.
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES
The Federal Constitution of 1988 was of fundamental importance to consecrate to the Public Power the incubation of preventing animals from being subjected to ill-treatment or acts of cruelty, and must always act to avoid and prohibit such exposure of the animal. This is a incubated determination to the State, so that it should not be omitted, that is, fail to comply with this constitutional rule. However, the reality is contrary to the legal precept, especially when we see the situation experienced by the animals (equidae) used in traction vehicles in Brazilian cities. They are animals that live being mistreated and exposed to cruel acts by their owners, such as the unconditional use of the whip, which causes serious injuries to the animal, as well as the lack of basic care, such as the supply of water and food necessary for maintain the animal's nutrition, and, at no time, there is an action of the Public Power to prohibit this situation. There are few Brazilian cities that have sought to prohibit the use of this activity or to regulate in a way that guarantees the welfare of the animal, thus fulfilling the requirements of the current Constitution, since the great majority of municipalities do not seek any improvement for this animal cause. The question arises whether it would not be the change of the legal status of the animal, for the condition of subject of rights, the possible solution at the end of the exploitation of the animals. In the present research the historical evolution of human thought about the animal, and especially the animal of traction, the types of mistreatment that this species faces in the day to day, the type of civil responsibility that assumes the state that acts of and the importance of the Judiciary, Public Ministry and Non- Governmental Organizations in the fight against the exploitation of traction animals, as well as discussing the possibility of changing the legal status of animals. For the work the hermeneutical method and the bibliographic search were used.

La presente investigación basada en que el diseño gráfico puede contribuir en la difusión de información sobre Protección y Bienestar Animal tiene como objetivo diseñar una propuesta infográfica que ayude a informar sobre la ley de manera más interactiva y atractiva. La metodología que se está usando tiene un enfoque cuantitativo por lo que se han utilizado técnicas de recolección de datos como encuestas mediante un cuestionario con preguntas específicas que permitan conocer al público y testeo del producto. La solución que se plantea para solucionar el problema es el diseño de una infografía interactiva, la cual tuvo un impacto positivo en los usuarios. Los resultados arrojaron que la solución propuesta resulta atractiva e interesante (88.5% de los encuestados) y no presenta dificulta en la comprensión del contenido (84.6%). Por lo que se concluye que existe un problema de difusión de información sobre la ley de Protección y Bienestar Animal y la propuesta infográfica resulta un recurso útil.
Trabajo de investigación

Orientador: Ronaldo Romulo Machado de Almeida
Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
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Resumo: A presente dissertação busca rastrear o contradiscurso acerca da experimentação animal no sentido de elucidá-lo enquanto um movimento social. Toma como foco o trâmite da Lei Arouca, de recente aprovação no Congresso Nacional para regulamentar a vivissecção em todo território nacional. A partir desta lei o olhar se volta aos atores sociais envolvidos e às forças políticas conflitantes para esta questão de controvérsia científica. Paralelamente, outras manifestações práticas do contradiscurso serão seguidas a fim de enriquecer o material de análise para colocar em evidência os argumentos que concorrem para a construção simbólica do estatuto do animal de laboratório. Porém, não será perdido de vista o caráter mais amplo no qual o movimento antivivisseccionista está inserido, a saber, a luta contra a exploração dos animais não-humanos
Abstract: This dissertation intends to follow the counter-discourse on animal experimentation in order to elucidate it as a social movement. It is focused on the processing of Arouca Law, recently passed the Congress to regulate vivisection nationwide. From this law, the focus is on the social actors involved and the political conflicting forces for this matter of scientific controversy. In parallel, other practical manifestations of counter-discourse will be followed in order to enrich the material for analysis to highlight the arguments that contribute to the symbolic status of laboratory animals. However, the broader nature in which the antivivisection movement is inserted, namely the fight against the exploitation of nonhuman animals, will not be lost
Mestrado
Antropologia Social
Mestre em Antropologia Social

The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.

Orientador: Nadia Farage
Dissertação (mestrado) - Universidade Estadual de Campina, Instituto de Filosofia e Ciencias Humanas
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Resumo: A presente dissertação faz uma análise da construção do estatuto simbólico dos animais domésticos comestíveis no contexto industrial brasileiro contemporâneo. Toma como foco a produção animal, e, mais especificamente, sua fase final, o abate, que, articulando-se ao universo do consumo, constitui um forte momento simbólico na construção do comestível, isto é, a categoria histórica "animal de açougue". A indústria da carne pressupõe disjunções e afastamentos, que têm como resultado a produção de uma mercadoria, autônoma e distante de sua verdadeira origem, o animal. Dentre os mecanismos de afastamento promovidos pela indústria, o método do abate humanitário apresenta alto rendimento simbólico, pois permite a conjunção paradoxal entre a mitigação do sofrimento animal e a eficiência, súmula da lógica do capital industrial
Abstract: This work analyses the construction of the symbolic statute of the edible domestic animals in the contemporary brazilian industrial context. The focal point is on animal production and more specifically in its final phase, the slaughtering, which, in articulation with the universe of consumption, constitutes an important moment in the construction of the edible, i.e., the historical category of "meat animal". The meat industry presupposes disjunctions and distances, which result in the production of a commodity, autonomous and distant from its actual origin, the animal. Amongst the disjunction mechanisms promoted by the industry, the method of humane slaughter yields high symbolic results, since it permits the paradoxical gathering of the mitigation of animal suffering and the efficiency, epitome of the logic of the industrial capital
Mestrado
Mestre em Antropologia Social

O presente trabalho inicia-se com a pesquisa bibliográfica que permitiu a apresentação das disposições normativas acerca da proteção jurídica do meio ambiente, nela incluída os animais domésticos. O conjunto normativo pátrio e estrangeiro evoluiu quanto ao amparo ambiental, vislumbrando-se nova postura do Poder Público em decorrência dos atuais paradigmas da sociedade, que vem cada vez mais se preocupando com a preservação dos recursos ambientais e dos demais elementos ecológicos. Percebe-se que atualmente a garantia dos direitos dos animais não se restringe apenas aos silvestres e exóticos, mas resta consagrada a dos domésticos (como cães e gatos), principalmente pelas disposições constitucionais. No que diz respeito ao tema políticas públicas, é conceituado como o plano de ações governamentais para concretizar os direitos coletivos da sociedade, tendo sido discorrido especificamente acerca das políticas voltadas ao bem-estar dos animais domésticos, com a descrição de exemplos de ações implementadas em diversos locais. Por conseguinte, apresenta-se o programa Rede de Defesa e Proteção Animal do Município de Curitiba (RDPA), referenciando-se seu histórico, objetivos, ações e resultados por meio da pesquisa qualitativa. Diante desses dados, constata-se a efetividade do programa estudado à luz das disposições legais e principiológicas a ele aplicáveis, pois vem executando ações de cunho educacional como a propagação da Guarda Responsável e do Projeto Veterinário Mirim. Ainda, disponibiliza castração para famílias de baixa renda, consideradas vulneráveis pela FAS e em situação de risco para a COHAB, bem como para protetores independentes, medida que se mostra efetiva para diminuir a natalidade e não ocasiona sofrimento aos animais. Os maus-tratos têm sido combatidos principalmente por ações de fiscalização nos estabelecimentos que comercializam os animais, em que se averigua se há o atendimento à legislação. Por fim, o Município tem divulgado o evento Feira Amigo Bicho e cedido espaço no Parque Barigui para ONG’s e protetores levarem animais para serem doados. Foram apresentadas propostas para o aperfeiçoamento do programa ora estudado, como a averiguação de implantar a isenção fiscal para estimular comportamentos ecologicamente corretos e o custeio de ações do programa. Outra sugestão indicada, por exemplo, foi a análise da viabilidade de instaurar chamamento público por parte do ente municipal responsável pela RDPA para obtenção de patrocínio, em que as patrocinadoras divulgam suas logomarcas e em contrapartida custeiam castrações, vacinações e microchipagens.
This dissertation begins with a bibliographic research that allowed the presentation of the legislative provisions concerning the legal protection of the environment, included domestic animals. The national and foreign laws evolved as environmental protection, with a new position of the Government due the current paradigms of the society, which increasingly is concerned with the preservation of environmental resources and other environmental elements. Currently it is noticed that the rights of animals are not only restricted to wild and exotic, but also to the domestics (dogs and cats), mainly by constitutional provisions. In relation to public policy subject, it is conceptualized as the governmental action plan to achieve the collective rights of society, having been specifically discoursed on policies focused at domestic animals welfare, with some examples of actions in several locations. Therefore, it is presented the DNAP Program of Curitiba (RDPA), referencing its history, objectives, actions and results through qualitative research. Given these data, it is noted the effectiveness of the studied program under the law and set of principles applicable to it, because it is implementing educational actions as the Responsible Guard and Veterinary Project Mirim (Young Officers). It also offers castration for families considered vulnerable by FAS and in situation of risk to COHAB and low income families, as well for independent protectors, effective measure to reduce the birth rate and does not cause suffering to animals. The maltreatments are being tackled mainly by enforcement actions in the establishments that sell animals, where it is examined if there is compliance with the law. Finally, Curitiba has divulged the event Feira Amigo Bicho (Animal Friend Fair) and ceded space in the Barigüi Park for NGOs and protectors take animals to be donated. Proposals for improving the program were presented, as the possibility of implementation of tax exemption to encourage environmentally friendly behaviors and the costing of program actions. Another suggestion indicated, for example, was the feasibility analysis of establish a public invitation by the municipal entity responsible for DNAP to obtain sponsorship, where the sponsors disclose their logos, but paying for castrations, vaccinations and microchips implants.

Šiame magistro darbe nagrinėjami gyvūnų gerovės apsaugos biomedicinos moksliniuose tyrimuose teisinio reguliavimo ypatumai. Pirmoje darbo dalyje teoriniu aspektu analizuojama gyvūnų gerovės samprata, istorija bei teisinio reguliavimo priežastys. Antroje dalyje analizuojami tarptautiniai, ES ir nacionaliniai teisės aktai, reglamentuojantys gyvūnų gerovę biomedicinos moksliniuose tyrimuose.
In this master paper the conception of legal regulation on animal welfare protection in biomedical research is overviewed. In the first part the concept of animal welfare, the history and the regulatory reasons are analysed in terms of theoretical aspects. In the second part the international, European Union and national legislation on animal welfare in biomedical research is analysed.

This thesis employed a Historical-Critical method using rhetoric and framing theory to examine the 2008 Proposition 2: Prevention of Farm Animal Cruelty Act campaigns. The Californians for Humane Farms (HSUS) and Californians for SAFE Food (CSF) were the respective proponent and opponent coalitions analyzed in this thesis. The analysis examined sixteen campaign artifacts that were examples of how the proposition was communicated to California's voting populous. In Conjunction with the appeals and frames, the message strategies were analyzed as to how they allowed the HSUS and CSF to effectively communicate with voters. By using rhetoric and framing 4 theory this analysis was able to distinguish which rhetorical appeals effectively supported the campaigns. The analysis showed that the HSUS was successful with their campaign because of well-executed rhetorical appeals that created a concise message about animal confinement and animal cruelty issues.

M.Com. (Economics and Econometrics)
Poverty is a multi-dimensional problem that requires a solution that is both multi-dimensional and systematic. The research contained in this dissertation is important because it explores the Shari’ah approach to multi-dimensional poverty reduction as a more suitable alternative to the conventional, uni-dimensional approaches to poverty reduction, especially from a theoretical perspective. The main argument presented in this dissertation is that the theoretical Shari’ah approach to poverty reduction provides a more detailed framework than the conventional uni-dimensional approach for addressing the various dimensions of poverty and their interrelationships under secular conditions. The study was based on a non-empirical, critical analysis of the available literature. The motive for addressing the problem in this manner was because a truly comprehensive conceptual framework surrounding the Shari’ah approach did not truly exist prior to this study. The first of two important conclusions reached in this study are that Shari’ah could theoretically assist with offering a holistic and systemic theoretical framework...

Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on a test of necessity, in accordance with which the infliction of suffering on animals can only be justified by balancing means against ends. It proposes that Canadian criminal law on animal cruelty, particularly as it relates to animals raised for food, is inconsistent with this internationally recognized principle.

Islamic Jurisprudence comprises of the laws that govern a Muslims daily life. The Prophet Muhammad explained and practically demonstrated these laws. The jurists studied the Quran and the Prophet's life and they adopted a refined methodology which they used to extract legal rulings and verdicts. This methodology is known as the Principles of Jurisprudence. The jurists expanded on this methodology with some differences among them on the usage and the application of some aspects as acceptable forms of evidence. Eventually, the Muslim world was left with four schools of jurisprudence that are present to this day. There are differences between these schools on some issues but these differences never caused conflict, instead it provided us with a wealth of knowledge. We need to study these schools and its principles together with the objectives and intent of the Shariah and utilize this to find solutions to all new issues that arise.
Religious Studies and Arabic
M. A. (Islamic Studies)

碩士
國立臺灣大學
科際整合法律學研究所
97
Comparing with several thousand years animal-using history, it only has about two hundred years when facing up animal is not only tools which facilitated human being’s life. It began to appear more complete animal protection thought and relevant legislation until the early 19th century. Before that, animal can only depend upon the human accidental sense of compassion. Under the effort of scholars and animal protection organizations, Taiwan complied with the global trend and announced to execute Animal Protection Law in November 4, 1998. The major reason, however, behind the legislation was to solve stray dog problem at that time then safeguard the animal welfare. The Animal Protection Law was placed with great expectation before the legislation and was treated as the efficacious medicine that could solve every animal problem. Unfortunately, the stray dog problem had not been solved either animal welfare related issues also emerged from one after another. The Animal Protection Law therefore amended several times and criminalized the animal abusers in the last two amendments. Under such strict penalties, however, animal mistreating was still a social phenomena and animal welfare problems still exist. This thesis discusses why Animal Protection Law produced little effect in Taiwan with observing the development process and social interaction of the Law. The author believe that raising animal protection consciousness of people is the basis of accomplishing the animal welfare and the heavy penalties can only be effective in the short term. Criminalizing the misconduct of abusing animal in the Animal Protection Law is feasible but not fundamental. Keyword: Animal, Animal Protection, Animal Welfare, Animal Protection Law, Criminalization, Stray dog problem, Animal abuse.

This thesis considers the current Canadian Criminal Code provisions on animal cruelty, and the most recent proposal to amend these provisions, Bill C-50, An Act to amend the Criminal Code in respect to cruelty to animals. The paper argues that Bill C-50, much like the current Criminal Code provisions are reformist in nature and do not signify a fundamental re-conception of the status of animals in Canada. Yet, despite the Bill's shortcomings for many animals and their advocates, the paper argues that Bill C-50 should not be rejected outright as too incremental or ineffectual. Bill C-50 ought to be supported by animal advocates as a significant and positive (albeit modest) stepping stone toward the improved status and welfare of animals in Canada.

Dissertação de Mestrado em Ciências Jurídico-Forenses apresentada à Faculdade de Direito
A reflexão e estudo dos “direitos dos animais” está cada vez mais em voga na nossa sociedade, seja a nível jurídico, ético ou político, sendo que a atual geração reivindica como justificável a sua defesa e proteção, a todos os níveis. Este estudo pretende enfatizar o papel dos animais, especialmente dos animais utilizados em experimentação nas diversas áreas, assim como, debater o regime jurídico que lhes é aplicável.No plano da experimentação animal, algumas alterações têm surgido, sobretudo fruto do alinhamento com a legislação comunitária. Apesar de ser um tema controverso, cumpre-nos agora refletir se serão suficientes as medidas implementadas para proteger a saúde e bem-estar destes animais, que no fundo, merecem tanta preocupação quanto a que é concedida aos animais de companhia, que acabam por nos ser mais próximos. Pretendemos, por isso, sensibilizar e incentivar um respeito mais pleno, no sentido de abolir a instrumentalização dos animais.A reflexão e estudo dos “direitos dos animais” está cada vez mais em voga na nossa sociedade, seja a nível jurídico, ético ou político, sendo que a atual geração reivindica como justificável a sua defesa e proteção, a todos os níveis. Este estudo pretende enfatizar o papel dos animais, especialmente dos animais utilizados em experimentação nas diversas áreas, assim como, debater o regime jurídico que lhes é aplicável.No plano da experimentação animal, algumas alterações têm surgido, sobretudo fruto do alinhamento com a legislação comunitária. Apesar de ser um tema controverso, cumpre-nos agora refletir se serão suficientes as medidas implementadas para proteger a saúde e bem-estar destes animais, que no fundo, merecem tanta preocupação quanto a que é concedida aos animais de companhia, que acabam por nos ser mais próximos. Pretendemos, por isso, sensibilizar e incentivar um respeito mais pleno, no sentido de abolir a instrumentalização dos animais.
The reflection on “animal rights” and study of this issue has been increasing in our society, regarding its legal, ethical and political basis, so the current generation is now claiming the animal defence and protection more than ever. This study aims to emphasize the role of animals, especially those used in different areas of animal testing, as well as debating the legal grounds that is applied to them.Some changes have emerged in the matter of animal testing, mainly as a result of the alignment with European Union legislation. Despite controversy of this issue, we need to reflect on whether the measures implemented to protect the health and well-being of these animals will be enough, because, in the long run, they deserve as much concern as pet animals, which are considered to be closer to us. With this work we intend to raise awareness and encourage a due respect to these animals, in order to abolish their instrumentalization.The reflection on “animal rights” and study of this issue has been increasing in our society, regarding its legal, ethical and political basis, so the current generation is now claiming the animal defence and protection more than ever. This study aims to emphasize the role of animals, especially those used in different areas of animal testing, as well as debating the legal grounds that is applied to them.Some changes have emerged in the matter of animal testing, mainly as a result of the alignment with European Union legislation. Despite controversy of this issue, we need to reflect on whether the measures implemented to protect the health and well-being of these animals will be enough, because, in the long run, they deserve as much concern as pet animals, which are considered to be closer to us. With this work we intend to raise awareness and encourage a due respect to these animals, in order to abolish their instrumentalization.

This thesis deals with the economic analysis of the costs of abandoned animals. It focuses on the costs of shelters in the South Bohemian Region. The work alludes to changes in legislation and innovations in it. The main objective of this work was to determine what costs are associated with caring for abandoned animals. Cost compa-rison of selected shelters regard to the structure and size of the city for which it was built shelter. Also take into account the number of dogs who have passed refuge, shelter locations in houses etc. Then a comparison was made on the basis of specific criteria and a summary of the results. The work was compiled based on information provided by the representatives of the shelters. The obtained data were then statistically evaluated in graphs and tables.

Nikola Šubrtová - Legal regulation of veterinary care Abstract My thesis is meant to be a humble attempt to describe rules or law governing animal care and animal protection in Czech Republic and in European Union as well. I tried to look closer at the concept on animal welfare as it reflects in czech legal order. This paper consists of nine chapters and the main laws analyzed in it are Act No. 166/1999 Coll., on veterinary care and Act No 246/1992 Coll., on the protection of animals against cruelty. My special focus was on animal protection during scientific procedures on animals and related regulations.

Wildlife rehabilitation, defined as “providing temporary care to injured, ill and orphaned wild animals with the goal of releasing them back into their natural habitat”, developed in response to the increase in human population and urbanisation. Widllife rehabilitation centres developed to deal with casualties from man-made hazards; and because rehabilitation involves human emotions of empathy and compassion, the activity has not tended to be the domain of wildlife specialists, but of concerned members of the public. This has caused concerns for wildlife specialists over the welfare of animals being rehabilitated, because making decisions based on emotions may result in an animal being kept alive under unethical conditions, instead of being euthansed. Furthermore, there may be negative impacts on conservation, as it could divert money away from habitat protection and may place wild populations at risk from disease and genetic pollution. This dichotomy in opinion is most often seen between rehabilitators, who focus on the individual animal, and government wildlife officials, who grant them permits, and who focus on the security of entire communities. Although the value of wildlife rehabilitation cannot be underestimated, in terms of its service to wildlife and the public, there is a need to evaluate whether wildlife rehabilitation may result in more rather than less animal suffering and have a detrimental impact on the existing wild populations. I thus set out to determine the efficacy of wildlife rehabilitation, particularly in South Africa. In the first assessment of rehabilitation centres in South Africa, 65% known centres (n = 63) from all nine provinces returned questionnaires. Several thousand injured, diseased and orphaned animals pass through these centres each year, clearly showing the need for rehabilitation centres in South Africa. However, due to lack of scientific research on the efficacy of rehabilitation methods of care and release, and minimal post-release monitoring, I found that experience and intuition drove most rehabilitation practices. Additionally, because personnel from most centres cited lack of finance as a main impediment to the goal of rehabilitation, the result of rehabilitation may include negative affects on individual animal welfare and survival, as well as on conservation efforts for wildlife communities. Thus, I suggested wildlife rehabilitation be centralised to a provincial or national government. Furthermore, I suggested that guidelines of minimum standards should be developed in consultation with experienced rehabilitators, veterinarians and conservation scientists; to be enforced by trained and dedicated conservation officials. To gain further insight into the need for wildlife rehabilitation in a community in South Africa, I decided to examine four-years of intake records from a large rehabilitation centre in the KwaZulu-Natal Province for trends. Animal intake rate was high (2701 ± 94 per annum). Most of the intake (90%) was birds, with few mammals (8%) and reptiles (2%), and most of these were of locally common species (eg doves, pigeons). This reflects the findings of other studies, namely that species living in close association with humans are the most frequently admitted to rehabilitation centres. In total, most of the animals admitted (43%) were juveniles, which were assumed to be abandoned or orphaned. The implications of then rehabilitating these juveniles, which were largely uninjured, is whether humans should be interfering with nature if the cause was not human-related; can each juvenile (especially in these large numbers) be adequately prepared to survive and thrive when released into the wild; and is there space in the environment for them, without causing harm to others already in the environment. I suggest that the large numbers of animals currently being admitted to the centre may be reduced, possibly through increased public education particularly to leave uninjured juveniles in the wild. Furthermore, improvements in the centre’s recording system may allow for use in funding requests and for various research opportunities. There is a general lack of post-release monitoring in wildlife rehabilitation, and the IUCN advises that confiscated and orphaned animals should be euthanased or placed in life-time captivity. I thus decided to document the post-release fate of rehabilitated vervet monkeys and leopard tortoises, two species commonly admitted to a rehabilitation centre, and rock hyrax (Procavia capensis), as a further case study, even though individuals were not from a rehabilitation centre. Success of releasing rehabilitated animals cannot be judged on whether it results in a self-sustaining population, as in reintroductions, as it is to improve the welfare of that particular animal, independent of its species’ status. Survival is thus the most basic indicator of a successful rehabilitation release. Other aspects, such as behaving similarly to a wild animal, are additional success factors, as they likely influence survival. Although after one year post-release, the two troops (T1 = 35, T2 = 24) of vervet monkeys (including an infant) survived, were independent of human food provision and companionship, had established in an area, and had births in the breeding season following release; low known survival (T1 = 11%, T2 = 50%) make it difficult to designate these releases as successful. However, it was clear that the two groups of rock hyrax released were not successful. The group of rock hyrax that had previously been in captivity for 16 months (n = 17) did not have site fidelity after release, and after three months could not be found. All wild rock hyrax (n = 9), except one whose fate is unknown, were found dead, mostly predated, within 18 days. The release likely failed due to predation. For both vervet monkeys and rock hyrax, a lack of social cohesion was suggested as causing the group to dissolve or split upon release, which in turn would increase their vulnerability to predation. Recommendations are provided for considerations in future releases of captive vervet monkeys and rock hyrax. Movements of two groups of tortoises (ten and seven individuals) released at two different sites were monitored over a year, using radio-telemetry. In total, one tortoise was returned to captivity because of disease, four were killed intentionally or accidentally by humans, three others died due to a combination of disease, starvation and/or dehydration, and the fate of six were unknown. Since only two out of seven tortoises survived 13 months after release and only one out of ten tortoises were known to have survived 25 months after release, rehabilitated leopard tortoises were not successfully released into the wild. Recommendations to improve the success of future releases are provided. The occurrence of disease in the tortoise release was a worrying result, and must be addressed before any further releases are allowed. To summarise, there is a dichotomy between wildlife rehabilitation and conservation throughout the world, but this study highlighted the situation in South Africa. The IUCN guidelines for the reintroduction, introduction and supplementation of animals make it clear that there are many threats to the individual animal, to the release environment and to the conservation of species when transporting and releasing animals, especially if they had been in captivity. I believe that I have presented enough evidence in the thesis to suggest that wildlife rehabilitation may result in negative consequences to the welfare of the individual being rehabilitated and to the wild conspecifics or to other species in the release site. I suggest that wildlife rehabilitation needs to move away from being an emotional-based “animal-rights” organisation, to being objectively managed, such that no harm is caused to conservation by these efforts. This may require them to change their constitution so they are aligned with the IUCN guidelines, where more consideration is given to the possible risks involved in releasing animals. However, the applicability of the IUCN guidelines will vary slightly according to the species and situation, and they require input from the local conservation authorities (as was the case in the studies documented in this thesis). I suggest that the public be educated as to the risks that wildlife rehabilitated animals can pose to the safety of the environment as a whole, and that rehabilitated animals do not necessarily survive or thrive in the wild when released, and thus they have to understand that rehabilitation centres will sometimes have to prioritise casualties for treatment, and euthanase exotic species. In conclusion, implementing further research in ensuring long-term post-release survival of rehabilitated animals; developing and enforcing practical guidelines/minimum standards by dedicated and qualified governmental wildlife conservation officials; and having examinations in order to qualify as a wildlife rehabilitator, will ensure humans are “making amends” instead of having an additional negative impact on conservation and animal welfare.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2009

The thesis, which deals with the issue of human rights and animal rights, is divided into three basic chapters. The first chapter offers a summary of the historical development of human rights and seeks to highlight the coherence of this development with the current understanding of human rights. The second chapter focuses on the development of our relationship with animals. This chapter describes the historical, philosophical and religious aspects of the relationship. The final chapter focuses on the current arguments for animal rights. Part of this chapter is devoted to the animal rights opponent Tibor Machan, according to whom the animals do not need any rights.

The boundaries of normative Islam are critically explored in this thesis, which presents a translation of the most important aspects of a modern study on bid‘ah (heretical innovation), by the late Egyptian Reformist Scholar, Shaykh Muhammad al-Ghazālī (1917 – 1996). The translator’s introduction contextualizes the life and work of the author and also briefly locates this particular study within the broader framework of classical and contemporary writings on the subject of bid‘ah. Only the book’s introduction, first three chapters (constituting the theoretical spine of the original work), and conclusion are translated. The first chapter is an introductory excursus into Islamic law, necessary to enable the reader to grasp the legal debate on bid‘ah. The second chapter casts a wider net, examining the influence of foreign elements upon Islamic thought, while the third chapter deals specifically with the topic of bid‘ah. The short conclusion reaffirms the importance of normative Islamic practice.
Religious Studies and Arabic
M.A. (Arabic)