Journal articles: 'Animals and the Law'

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Peters, Anne. "Introduction to Symposium on Global Animal Law (Part I): Animals Matter in International Law and International Law Matters for Animals." AJIL Unbound 111 (2017): 252–56. http://dx.doi.org/10.1017/aju.2017.70.

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Ludovice, Nicolo Paolo P. "The Carabao and the Encounter of the Law in Nineteenth-Century Philippines." Society & Animals 27, no. 3 (June 13, 2019): 307–26. http://dx.doi.org/10.1163/15685306-12341557.

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AbstractThe place of the non-human animal in the legal world has been questioned. Animals’ legal status as property has been probed on how to best protect their welfare. While this is significant for animals who are not on the farm, it might not be effective when considering animals raised for food. The case of the carabao, or the water buffalo, in the Philippines is seen as a hybrid. This article traces the development of the carabao in Philippine history during the nineteenth century. Through historical, archival, and legal research on animals, the carabao is situated as private property. Colonial instruments of control were introduced to protect the carabao from criminals. In its proper historical context, the classification of carabaos as property indeed highlighted the animal’s status as legally owned, which did not necessarily demean the animal’s relationship with the human peasant nor the carabao’s quality as an animal.

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Singer, Norie Ross. "Impersonating Animals: Rhetoric, Ecofeminism, and Animal Rights Law." Quarterly Journal of Speech 107, no. 4 (September 28, 2021): 495–500. http://dx.doi.org/10.1080/00335630.2021.1980948.

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Seymour, George. "Animals and the Law." Alternative Law Journal 29, no. 4 (August 2004): 183–87. http://dx.doi.org/10.1177/1037969x0402900404.

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Soulsby, Lord. "Animals and the Law." Medico-Legal Journal 69, no. 4 (January 2001): 166–75. http://dx.doi.org/10.1258/rsmmlj.69.4.166.

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Soulsby, L. "Animals and the Law." Medico-Legal Journal 69, no. 4 (January 1, 2001): 166–75. http://dx.doi.org/10.1258/spmlj.69.4.166.

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Giannitrapani, Alice, and Francesco Mangiapane. "Animals In Law: Introduction." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 31, no. 3 (June 12, 2018): 401–10. http://dx.doi.org/10.1007/s11196-018-9573-x.

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Frasch, Pamela D. "Gaps in US Animal Welfare Law for Laboratory Animals: Perspectives From an Animal Law Attorney." ILAR Journal 57, no. 3 (May 2017): 285–92. http://dx.doi.org/10.1093/ilar/ilw016.

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Paterson, Mandy B. A., and Philip Jamieson. "Sterilizing Pregnant Companion Animals: Ethics and Law." Journal of Applied Animal Ethics Research 3, no. 1 (April 12, 2021): 153–75. http://dx.doi.org/10.1163/25889567-bja10013.

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Abstract Although the sterilization of pregnant companion animals occurs regularly in private veterinary clinics and animal shelters, there is growing concern amongst veterinarians and animal welfare supporters about the appropriateness of carrying out this procedure. The ethical and legal perspectives of the procedure have not been widely discussed in the available literature. This paper aims to remedy this situation. It considers the sterilization of pregnant companion animals using four ethical frameworks: animal rights, utilitarian, relational and contractarian. The possible interests of all involved parties, including the animal itself, the unborn young, the veterinarian, shelter and clinic staff, and the wider community are included. Where the science on companion animals in this area is limited, the paper draws on science involving other species. The legal aspects are discussed with analogies to human abortion laws. The paper concludes by providing a framework that veterinarians and others can use when making ethical decisions.

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Kożuchowski, Józef. "Ethical responsibilities of man toward animal world. The vision of Robert Spaemann." Studia Ecologiae et Bioethicae 18, no. 5 (December 31, 2020): 181–91. http://dx.doi.org/10.21697/seb.2020.18.5.16.

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The article presents the concept of moral obligations that man has towards animals proposed by Robert Spaemann. Spaemann give reasons for perceiving animal as an object of the law. His analyses present possibilities of solving basic moral questions like for example experiments on animals, animal husbandry, animal slaughter, hunting, interfering into animal's nature and our responsibility for them. Spaemann presents very original arguments for taking care of and responsibility for animals, deriving it from human dignity.

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Driessen, Bart. "Fundamental Animal Rights in European Law." European Public Law 23, Issue 3 (August 1, 2017): 547–85. http://dx.doi.org/10.54648/euro2017032.

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Law is fundamentally anthropocentric. However, the philosophical and scientific assumptions underpinning this assume that animals lack any capacity for moral choices, identity or even sentience. In Europe there is a considerable body of animal welfare law, but the current standards of animal welfare legislation do not bridge the gap between those assumptions and scientific reality. This article explores the philosophical concepts underlying the status of animals in law in Europe and the United States and compares them to current biological science. The conclusion is drawn that there is a discrepancy between the assumptions underlying legal systems and recent biological findings. The article suggests that a modern legal approach to the relationship between man and sentient animals should depart from the idea that animals have certain fundamental rights. It then proposes an approach to fundamental rights for animals in Europe and argues why such an approach has to be treaty based.

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Ristivojevic, Branislav, and Tatjana Bugarski. "Can experiments on animals constitute a criminal offence of cruelty to animals?" Archives of Biological Sciences 66, no. 4 (2014): 1339–44. http://dx.doi.org/10.2298/abs1404339r.

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The criminal offence ?killing and torturing animals? under Article 269 of the Criminal Code says that it can be committed only ?contrary to regulations?. The regulations governing the treatment of experimental animals are the Animal Welfare Law from 2009 and the Law on the Ratification of the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes amended by the Protocol of amendment to the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes from 2010. The first one imposes numerous obligations and introduces numerous prohibitions in the treatment of experimental animals, which at first sight make the possibilities of committing this criminal offence greater. The other law does not contain most of the prohibitions and restrictions that are included in the Animal Welfare Law. Thanks to a legal rule which says that a later law regulating the same subject replaces the former one (lex posterior derogate legi priori) and the aforementioned unconstitutionality of many provisions of the Animal Welfare Law, researchers and teachers in Serbia are not in particular danger of criminal prosecution.

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Offor, Iyan. "Animals and the Impact of Trade Law and Policy: A Global Animal Law Question." Transnational Environmental Law 9, no. 2 (February 27, 2020): 239–62. http://dx.doi.org/10.1017/s2047102519000402.

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AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.

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Rakoczy, Bartosz. "Protection of Animals and Protection from Animals as Seen by Polish Law." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 161–72. http://dx.doi.org/10.17951/sil.2021.30.3.161-172.

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The system of Polish law regulates both the protection of animals and the protection of humans from animals. Insofar as the first direction of regulations is strongly developed, popular, and fashionable and reflects the present-day trends in environmental protection law, the latter is not as popular. Both directions of the regulations show signs of axiological conflict. In the case of protection of animals, they are treated as a protected good, referring to their suffering, ability to feel, having emotions, etc. These circumstances do not only opt for covering animals by legal protection. Some people are even tempted to postulate the need for recognizing animals as subjects. However, the same animal that can suffer and feel and has emotions can pose a hazard to man – in certain extreme cases even a fatal one. Thus, animals are protected from humans, which is the right solution, but at the same time humans should be protected from animals. When exploring the issues of animal protection, it is worth remembering that such a second dimension exists.

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Cohn, Priscilla N. "Animals, Property and the Law." Environmental Ethics 19, no. 3 (1997): 319–22. http://dx.doi.org/10.5840/enviroethics199719319.

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White, Dr Steven. "Compassion, animals and the law." Alternative Law Journal 43, no. 4 (November 6, 2018): 237. http://dx.doi.org/10.1177/1037969x18805591.

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Korsgaard, Christine M. "PERSONHOOD, ANIMALS, AND THE LAW." Think 12, no. 34 (2013): 25–32. http://dx.doi.org/10.1017/s1477175613000018.

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The idea that all the entities in the world may be, for legal and moral purposes, divided into the two categories of ‘persons’ and ‘things’ comes down to us from the tradition of Roman law. In the law, a ‘person’ is essentially the subject of rights and obligations, while a thing may be owned as property. In ethics, a person is an object of respect, to be valued for her own sake, and never to be used as a mere means to an end, while a thing has only a derivative value, and may be used as a means to some person's ends. This bifurcation is unfortunate because it seems to leave us with no alternative but to categorize everything as either a person or a thing. Yet some of the entities that give rise to the most vexing ethical problems are exactly the ones that do not seem to fit comfortably into either category. For various, different, kinds of reasons, it seems inappropriate to categorize a fetus, a non-human animal, the environment, or an object of great beauty, as a person, but neither does it seem right to say of such things that they are to be valued only as means.

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PIETRZYKOWSKI, TOMASZ. "ANIMAL LAW: ETHICS, SOCIETY AND CONSTITUTIONS." Society Register 3, no. 3 (January 2, 2020): 151–58. http://dx.doi.org/10.14746/sr.2019.3.3.09.

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The paper discusses and criticizes views on various aspects of the situations of animals within human societies offered by authors presenting at the seminar held at the Research Centre for Public Policy and Regulatory Governance. They include legal, ethical as well as socio-psychological problems about animal welfare and the attempts to improve the conditions in which animals are treated. The author hints at the theoretical background as well as implications of some of the ideas that are advocated in the ongoing legal and ethical debates over animal welfare. The discussion aims to shed some light on how the cross-disciplinary studies and exchanges that include biologists, psychologists, sociologists as well as legal researchers may contribute to numerous controversies in the contemporary animal law scholarship.

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Rudy, Michał. "Prawo humanitarnej ochrony zwierząt jako dział kompleksowy prawa administracyjnego." Radca Prawny, no. 4 (29) (February 2022): 70–91. http://dx.doi.org/10.4467/23921943rp.21.034.15411.

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Law of animal humane protection as comprehensive branch of administrative law The legal protection of animals may be discussed on the grounds of branches of law such as civil law, criminal law or administrative law. Due to the essence of the protected “interest”, in this case animals, their protection in the most comprehensive way was provided by the norms of administrative law. The additional systematization of this form of protection is inscribed in the aforementioned administrative law. For this reason, it is possible to discuss e.g. regulations on the humane protection of animals, environmental protection of animals or protection of animal health. Such parts of administrative law can be referred to as its comprehensive sections. At present, however, such a classification raises uncertainties – therefore, a division into comprehensive sections of administrative law was suggested. In the structure of such a section, to ensure better security of the protected interest, in addition to the typical norms of administrative regulations, there are norms from other branches of law, like civil law or administrative law.

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Offor, Iyan. "Second wave animal ethics and (global) animal law: a view from the margins." Journal of Human Rights and the Environment 11, no. 2 (September 30, 2020): 268–96. http://dx.doi.org/10.4337/jhre.2020.02.06.

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Animal law and animal law studies both suffer from shortcomings in their underlying ethics. For the most part, (global) animal law draws from utilitarian welfarism and rights-based approaches to animals. Animal law academics have, thus far, paid little attention to more critical animal ethical studies, although these hold great potential for improving the justness and effectiveness of animal law. This article proposes delineating a ‘second wave of animal ethics’ consisting of a number of critical ethical lenses that are capable of addressing four key shortcomings in ‘first wave animal ethics’. This article draws particularly on feminist, posthumanist and earth jurisprudence studies to draw out four key lessons. First, the need to stop assuming that animals only deserve moral and legal consideration if they are like humans, and instead to accept, celebrate, reward and legally protect difference. Second, the need to stop assuming that moral and legal considerations should extend to animals and no further. Third, the need to stop over-relying on liberal concepts like rights and start engaging with (intersectionally) marginalized communities to theorize viable alternative paradigms that might work better for animals. Fourth, the need to stop assuming that animal ethics need to be the same everywhere. In making this argument, this article intends to inspire further research on ‘second wave animal ethics’ ideas amongst animal law scholars.

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Stucki, Saskia. "Towards a Theory of Legal Animal Rights: Simple and Fundamental Rights." Oxford Journal of Legal Studies 40, no. 3 (2020): 533–60. http://dx.doi.org/10.1093/ojls/gqaa007.

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With legal animal rights on the horizon, there is a need for a more systematic theorisation of animal rights as legal rights. This article addresses conceptual, doctrinal and normative issues relating to the nature and foundations of legal animal rights by examining three key questions: can, do and should animals have legal rights? It will show that animals are conceptually possible candidates for rights ascriptions. Moreover, certain ‘animal welfare rights’ could arguably be extracted from existing animal welfare laws, even though these are currently imperfect and weak legal rights at best. Finally, this article introduces the new conceptual vocabulary of simple and fundamental animal rights, in order to distinguish the weak legal rights that animals may be said to have as a matter of positive law from the kind of strong legal rights that animals ought to have as a matter of future law.

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Sonhaji, Kadek Cahya Susila Wibawa, Aga Natalis, and Muhammad Dzikirullah H. Noho. "Animal Rights in Indonesian Environmental Law: Case Studies in Disaster Prone Areas." International Journal of Sustainable Development and Planning 17, no. 1 (February 28, 2022): 299–305. http://dx.doi.org/10.18280/ijsdp.170130.

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This research focuses more on analysing the urgency of animal rights protection in Indonesia: case studies in disaster-prone areas and examining the legal status of animals as legal subjects to recognise animal rights in Indonesian Environmental Law. This research is research in the field of law with a normative juridical approach. The study results indicate that the authorised institution must carry out the preparedness phase to ensure animal welfare to deal with emergencies such as natural disaster situations. When animals have become legal subjects, then if actors want to destroy and criminalise habitats, animal life will automatically think twice about doing so. Animals have been recognised, and guaranteed legal certainty will be realised as a situation where previously animals became legal objects now become legal subjects. The House of Representatives and the Government of the Republic of Indonesia are expected to make changes to environmental laws and various policies related to animals in disaster-prone areas.

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Alexsandra Аndreevna, Panasiuk. "The law about animal's protection from cruelty: historical and modern issues." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 350–54. http://dx.doi.org/10.33663/2524-017x-2020-11-59.

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The article deals with the protection of animals from ill-treatment, generalizes the scientific approaches of the historical and legal aspect of the formation and development of responsibility, conducts a comparative analysis of the present with the historical past. The legal regulation of criminal liability for animal cruelty is characterized. The sanctions and the list of legislation governing this issue are outlined. Solve issues in the area oj the institution of responsibility for animal cruelty is extremely important. In today`s world, animals are considered not only as property of a person, but also as family members. People call for human treatment of animals, both domestic and wild. In addition, humane treatment is usually understood as actions of a person not related to self-defense, causing pain, torment, suffering to the animal. Violence can also be inaction, such as leaving in danger or violating the conditions of keeping animals, leaving without care, and so on. The history of development and regulation of relevant issues deserves special attention. At the level of international law, the issue of liability for animal cruelty has been regulated since the 1960s. The European Community has adopted five main conventions: the European Convention for the Protection of Animals in International Transport (1968), the European Convention for the Protection of Animals kept on Farms (1976), the European Convention for the Protection of Animals intended for Slaughter ), the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes (1986), the European Convention for the Protection of Pets (1987). Key words: The provisions of international legal acts have become the basis for the settlement of relevant issues in Ukraine as well.

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Taufiqurrohman, As'ari, Ong Argo Victoria, and Nur Fareha Binti Mohamad Zukri. "PRACTICE OF ANIMALS TRADING IN ISLAMIC LAW & POSITIVE LAW OF BIOLOGICAL RESOURCES & ITS ECOSYSTEMS." International Journal of Law Society Services 1, no. 2 (December 16, 2021): 91. http://dx.doi.org/10.26532/ijlss.v1i2.19864.

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Indonesia is a country that is very rich in the diversity of its natural resources. Both in terms of flora and fauna. However, Indonesia is an emerging country for the circulation of endangered animals that have been protected by law. The Animal Market is one of the places where several protected animals are circulated. In this study, the authors found a unique incident in the practice of buying and selling endangered animals that have been protected by this law, where the practice of buying and selling rare animals is carried out in markets managed by the government, namely under the auspices of the Department of Agriculture, Fisheries and Food. The focus of this research is to find out how the practice of buying and selling endangered animals in the Animal Market and how the review of Islamic law and Act No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. Through qualitative research methods and through a juridical normative approach, the researcher tries to uncover the focus of the problem above by going directly to the field to find facts which then leads to an analysis of Islamic law and Act No. 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. Data were taken through documentation, observation, and interviews. The data that has been obtained is presented in the form of a description in order to obtain conclusions. The results of the study explain that the sale and purchase of endangered animals protected under Islamic law is a sale that does not bring benefits, contains najis, does not belong to the seller wholly, causes damage to nature, and contains fraud. Meanwhile, when viewed from Act No. 5 of 1990 concerning the Conservation of Natural Resources and Their Ecosystems, the practice of buying and selling endangered animals that are protected illegally is a criminal act of wildlife crime in which the legal consequences of this crime are a maximum criminal sanction of ten years in prison and a fine of between 100 million and IDR 200 million rupiahs.

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SCHAFER, A. RAHEL. "Rest for the Animals? Nonhuman Sabbath Repose in Pentateuchal Law." Bulletin for Biblical Research 23, no. 2 (January 1, 2013): 167–86. http://dx.doi.org/10.2307/26424677.

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Abstract Israel's legal material embodies care for nonhuman creatures. In comparison to the Decalogue, the concept of animal Sabbath rest is broadened in motivation, definition, and scope in each of the other sections of law. Exodus 20:8–11 provides the definition of Sabbath rest: animals are to do no work on Sabbath just like humans. Deuteronomy 5:12–15 expands the motivation for the Sabbath: rest for all laborers and domestic animals; deliverance from Egypt and oppression. Leviticus 25:2–7 expands the scope of Sabbath rest: Sabbath food is even for wild animals, and Sabbath rest is also for the land. The paradigm shift of Exod 23:10–12 expands the definition (animal rest is like God's rest), the scope (provision for the disadvantaged/rest for all workers), and motivation (in order that animals and servants may rest) of Sabbath rest. Other biblical passages shed further light on nonhuman Sabbath repose, as well as implying contemporary responsibilities for all humans regarding animal rest and care.

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Waldin, Valerie Lang. "Introduction to animal law: Resources for online research and study." College & Research Libraries News 81, no. 1 (January 6, 2020): 40. http://dx.doi.org/10.5860/crln.81.1.40.

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Animal law is the body of statutory and case law governing the treatment of nonhuman animals, including wildlife, companion animals, and animals used for research, entertainment, and food. Emerging rapidly on academic and legal horizons since 2000, entire programs of study at all levels are now dedicated to training students to be effective humane educators, attorneys, law enforcement officers, and citizens.High-profile court cases, such as SeaWorld v. California Coastal Commission, along with the proliferation of animal protection documentaries, such as Blackfish, Earthlings, and Tyke: Elephant Outlaw, have raised profound questions about our treatment of other species. Animal protection is now a mainstream phenomenon, largely due to the Internet and social media providing instant visibility to and awareness of the critical issues of our time.

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Pretorius, D. M. "‘Miserable, laborious, and short’: The lives of animals." South African Law Journal 139, no. 4 (2022): 791–836. http://dx.doi.org/10.47348/salj/v139/i4a4.

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Animal welfare legislation in South Africa is deficient, especially in relation to farm animals reared for ingestion by human beings. That being so, this article analyses aspects of public international law, administrative law, constitutional law and interpretation of statutes that may contribute towards affording more legal protection to such animals. An overview of recent case law highlights that the Constitutional Court has mandated a shift away from the traditional laissez-faire legal attitude to human use of animals towards one that requires enhanced protection of their interests. To that end, extensive legislative reform is necessary to rectify the deficiencies of the present system.

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Alexius Borgström, Katarina. "Animal Experiment Regulations as a Part of Public Law." European Public Law 15, Issue 2 (April 1, 2009): 197–205. http://dx.doi.org/10.54648/euro2009015.

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This article describes the Swedish rules about experiments on animals and the function of the Swedish animal ethics experimentation committees. A small survey of the rules about experiments on animals in Norway, Denmark, Finland, England and Wales, and the EU, is included. The Swedish rules on animal experimentation are examined in order to see how their form and functions relate to theories about different kinds of decision making in public law. The extents to which the rules agree with the aims of the law and with existing normative patterns are also examined. The difficulties to handle the ethical weighting between the importance of the experiment and the suffering of the animals are discussed.

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Bryant, Taimie L. "Denying Animals Childhood and its Implications for Animal-protective Law Reform." Law, Culture and the Humanities 6, no. 1 (January 13, 2010): 56–74. http://dx.doi.org/10.1177/1743872109348991.

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Wang, Qiang. "In a Cage of Law: Liability Imputation System in the Tort Law on Kept Animals A ChineseGerman Comparative Study." European Review of Private Law 27, Issue 3 (June 1, 2019): 617–45. http://dx.doi.org/10.54648/erpl2019030.

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The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of its structure (on the macro-level), this Article also probes into the problems and difficulties arising out of some key junctures (on the micro-level), especially as the system is put into practice and its operational complexity is revealed. Because of the strong affinity of the Chinese civil law, and especially tort law, with its German counterpart, this Article references the German tort law on animal keeper’s liability for an historical and comparative legal analysis, bringing more light to the Chinese system of liability. The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of its structure (on the macro-level), this Article also probes into the problems and difficulties arising out of some key junctures (on the micro-level), especially as the system is put into practice and its operational complexity is revealed. Because of the strong affinity of the Chinese civil law, and especially tort law, with its German counterpart, this Article references the German tort law on animal keeper’s liability for an historical and comparative legal analysis, bringing more light to the Chinese system of liability.

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Marques, Ruy Garcia, Marcelo Marcos Morales, and Andy Petroianu. "Brazilian law for scientific use of animals." Acta Cirurgica Brasileira 24, no. 1 (February 2009): 69–74. http://dx.doi.org/10.1590/s0102-86502009000100015.

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The Brazilian scientific community claimed for a definitive systematization and for comprehensive and realistic national rules, to provide guidance and regulation, instead of sanctions, so that the question of scientific research involving animals could be better contemplated. This is beginning to occur now with Law n.º 11.794, sanctioned by the President of the Republic on November 8, 2008. PURPOSE: To describe the evolution of Brazilian regimentation for scientific use of animals and to analyze Law n.º 11.794. METHODS: The legislation about the use of animals in teaching and in scientific research in Brazil and in Rio de Janeiro State was identified and discussed. RESULTS: Until now, there was no updated general and systematizing rule regarding animal vivisection and experimentation for didactic or scientific purposes. The only specific law dates back to1979 and was not regimented. More recent laws equated the practice of scientific experiments to acts of abuse and mistreatment of animals, when alternative technology was available. Municipal laws that restricted the scientific practice of vivisection and experimentation with animals were created in the cities of Rio de Janeiro and Florianopolis. CONCLUSION: With the claim and collaboration of the scientific community, the sanction of Law n.º 11.794 regarding to the scientific use of animals represented an invaluable advance in spite of the presence of some points that eventually may require another type of treatment. The new Law states that it will be regimented within 180 (one-hundred-and-eighty) days, when some of these points could be better elucidated.

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Chhabra, Heeral. "Animal Labourers and the Law in Colonial India." South Asia Research 39, no. 2 (June 6, 2019): 166–83. http://dx.doi.org/10.1177/0262728019842979.

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This article is a tentative effort to highlight the symbiotic but systematically underrated position of animals in labour history. It argues for an expansion of human-centric definitions of labour to include non-human animals in this domain. The discussion focuses in later parts on colonial rule in India to examine debates about three colonial legislative enactments dealing with animals as labouring bodies in various capacities. Predictably, this colonial discourse and intervention remains human-centric, too. Yet, closer reading of such historical evidence also indicates exciting scope for developing various aspects of the ‘animal question’ in relation to labour history and South Asian studies.

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De Damborenea Martín, Pablo. "Law and welfare in working animals." Derecho Animal. Forum of Animal Law Studies 10, no. 3 (July 1, 2019): 69. http://dx.doi.org/10.5565/rev/da.431.

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Caudevilla, Oriol. "Review of Animals and the Law." Derecho Animal. Forum of Animal Law Studies 6, no. 3 (August 1, 2015): 1. http://dx.doi.org/10.5565/rev/da.84.

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Korsgaard, C. M. "Kantian Ethics, Animals, and the Law." Oxford Journal of Legal Studies 33, no. 4 (September 20, 2013): 629–48. http://dx.doi.org/10.1093/ojls/gqt028.

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Wise, Steven M. "Resources on Animals and the Law." Reference Librarian 41, no. 86 (July 14, 2004): 37–42. http://dx.doi.org/10.1300/j120v41n86_04.

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O'Donghue, P. N. "The law and animals in schools." Journal of Biological Education 22, no. 1 (March 1988): 13–15. http://dx.doi.org/10.1080/00219266.1988.9654932.

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Kochi, Tarik. "Species War: Law, Violence and Animals." Law, Culture and the Humanities 5, no. 3 (September 3, 2009): 353–69. http://dx.doi.org/10.1177/1743872109339105.

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Cooper, Margaret E. "Birds, exotic animals, and the law." Seminars in Avian and Exotic Pet Medicine 7, no. 4 (October 1998): 166–75. http://dx.doi.org/10.1016/s1055-937x(98)80061-3.

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Cordeiro-Rodrigues, Luís. "Animals in China: Law and Society." Anthrozoös 29, no. 3 (August 17, 2016): 525–26. http://dx.doi.org/10.1080/08927936.2016.1215452.

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Yogar, Hanna Nur Afifah. "The Price of Animal’s Soul: Late-Stage Capitalism, Animal Welfare and the Law." Indonesian Comparative Law Review 3, no. 2 (August 6, 2021): 96–104. http://dx.doi.org/10.18196/iclr.v3i2.11939.

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The current epoch of capitalism creates more distinct issues, and one of its conflicts is the class struggle of animal workers. This paper will begin by inquiring how much is the price of an animal's soul?—and further, it will situate the Indonesian laws in the effort to accommodate the animal's protection and their welfare. The features of late-stage capitalism indicate the conflict of class struggle for animal workers. The assessment is more than an economic perspective, but human and non-human animal intra-action nexus, legal standpoint, and socio-cultural point of views. This analysis will refer to late-stage capitalism theory, Indonesian laws and other related regulations concerning animal protection, and comparative cases of animal welfare cases in Indonesia and Thailand. This paper is expected to provide an overview of the role of law in providing an understanding of animals as sentient beings rather than property.

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Rudy, Michał. "Dlaczego potrzebujemy nowej ustawy o humanitarnej ochronie zwierząt?" Przegląd Prawa i Administracji 108 (June 26, 2017): 73–85. http://dx.doi.org/10.19195/0137-1134.108.6.

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WHY A NEW ACT ON THE HUMANITARIAN PROTECTION OF ANIMALS IS NEEDED?Legal regulations concerning animals protection clearly state that man owes to respect the animal and each animal requires humane treatment that must be understood by taking into account the needs and protection of animals, as far as care providing. Systematic law amendments, which are concerned to protect the animals from suffering, including unjustified or inhumane killing or cruelty to animals, should be considered as the duty of state authorities. In particular it should be done due to taking into account that animals are recognized as the “subjects of law”, for which there is a special legal regime determined by the provisions devoted to the humanitarian animals protection.The main objective of this article is to identify the aspects, which — according to the author — affect the need to make amendments to the existing provisions concerning humanitarian protection of animals. This includes lack of law transparency, containing its precision and often contradictory regulations. Also, adapting to European regulations should be considered as important issue. Failure in application of European rules to national law means that the Republic of Poland violates its obligation as the Member State of the European Union. The author also notes that the current range of the requested changes proposed by law doctrine, state authorities, as well as by social organizations whose statutory purpose is humanitarian protection of animals is so broad, concerns so conflicting values and interests, as well as some of them are so “revolutionary”, that it requires a comprehensive and systemic look at the humanitarian issue of animal protection at the national level. Hence, instead of performing complicated amendments creation of avery new act on the humanitarian protection of animals should be considered.

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MAMZER, HANNA. "Lack of environmental enrichments in shelters for homeless animals: Animal welfare and human perception of animals’ need." Medycyna Weterynaryjna 76, no. 03 (2020): 6358–2020. http://dx.doi.org/10.21521/mw.6358.

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The more social and intelligent an animal is, the more stimuli it needs for optimal welfare. Animal welfare is based on complex interactions between somatic, psychological and social stimuli that fulfill animals’ needs at various levels. This is also true of dogs – the species that was domesticated first due to its extensive social and communicative skills as well as cognitive capabilities. In view of these facts, it is difficult to explain why Polish law does not require animal shelters to provide dogs with environmental and social enrichments. Environmental enrichments are required by law for animals used in scientific experiments, for animals kept in zoos and for farm animals in industrial farming, but not for companion species kept in shelters. This is even more surprising considering that homeless animals spend long years in shelters, while the other categories of animals mentioned above may, according to their use, live much shorter lives. What are the consequences of this undesirable situation for animals in shelters and for society, and how can it be changed?

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Deckha, Maneesha. "Initiating a Non-Anthropocentric Jurisprudence: The Rule of Law and Animal Vulnerability Under a Property Paradigm." Alberta Law Review 50, no. 4 (July 1, 2013): 783. http://dx.doi.org/10.29173/alr76.

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This article discusses a recent Canadian entry to the accretion of legal texts which question, to various degrees, law’s anthropocentrism: the dissenting judgment of the Alberta Court of Appeal in Reece v. Edmonton (City of). Written by Chief Justice Catherine Fraser, the 162-paragraph dissent stands out in the Canadian landscape (and is impressive even in the international scene) given the existing Canadian law addressing animal issues that either regulate animals as objects and/or subordinate animal interests to human or corporate ones. This article argues that the dissent in Reece departs from the standard legal instrumentalist view of animals by providing a non-anthropocentric analysis of the animal interests at stake. The decision thus provides a new way of thinking about animals when compared to the existing Canadian jurisprudence. The dissent’s departure from the traditional anthropocentric legal view of animals is seen in three main ways: (1) the level of importance it assigns to the animal interest legally at issue by connecting it to the rule of law; (2) the respect it affords to critiques of animals’ current legal status (including the animal rights critique seeking to abolish the property status of animals and the default subordination of animal interests to human or corporate ones); and (3) the empathy and respect it gives to the individual animal at the heart of the legal dispute by recognizing her as a sentient and vulnerable being whose subjectivity matters. The cumulative effect is a judgment that not only provides the most sophisticated Canadian judicial analysis to date of the law’s relationship to animals, but impugns the traditional anthropocentric paradigm through which the law minimally responds to (some) animal suffering.

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Polak-Kruszyk, Aleksandra. "Porzucanie zwierząt jako przestępstwo w polskim porządku prawnym." Zoophilologica, no. 6 (December 29, 2020): 425–36. http://dx.doi.org/10.31261/zoophilologica.2020.06.27.

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The article will attempt to show criminal consequences against people who abandon animals according to the Polish law. What is more, the purpose of this paper is to show animal abandonment as one of animal cruelty crimes. In addition, it will systematize applicable penalties taking into consideration Polish criminal law. All in all, it will present animal abandonment according to the Polish civil law, including animals’ legal status in area of property law and movable possessions. To sum up, the article will discuss difficulties which may cause taking of evidence against this kind of criminals, due to actual judicial practice and data of the empirical study.

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Arif Fahmi Md Yusof. "Best Practice for the Care and Use of Animals in Experimentation: A Malaysian Perspective." Ulum Islamiyyah 30 (April 1, 2020): 13–26. http://dx.doi.org/10.33102/uij.vol30no.202.

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Passing federal laws and national guidelines is one of the best revenues to protect animals used in experimentation. The laws can establish standards of care for animals in scientific research such as housing standards and treatment for the animals. At international level, animal ethics and law for the care and use of animal in experimentation have been widely discussed for decades ago. There are several well-known international documents and guidelines that have been referred by many countries when constructing their own federal laws governing the subject matter. They are Terrestrial Code, European Directives, and International Guiding Principles for Biomedical Research Involving Animals. In Malaysia, the Animal Welfare Act 2015 finally has been enforced on 18th July 2017 where the Act among others will regulate the use of animal for scientific purposes in the country. Besides, it will validate the practice of Institutional Animal Care and Use Committee (IACUC) which was based on self-regulation before the enactment of the Act and the Act is significant of having legal enforcement in order to give better protection to the animals subjected to experimentation. Thus, the law has taken its role in enhancing the animal ethics for the care and use of animal in science in Malaysia. This paper aims to analyses the provisions of law in several international documents governing the subject matter that reflect the international practice. Then it will look into the practice of research institutions in Malaysia, applying the existing animal ethics and law in the subject matter. This paper adopts doctrinal approach considering primary and secondary sources of law. Relevant to this, Animal Welfare Act 2015 (AWA) and Malaysian Code of Practice for the Care and Use of Animals for Scientific Purposes (My Code) are analysed. Besides, it also employed empirical study by way of interviews and observation. This paper is significant to inform the practice of animal ethics at international level to be learned by Malaysia as the country is still at an early stage of having the new Act.

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Zębek, Elżbieta. "Humane Legal Protection of Homeless Animals." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 265–76. http://dx.doi.org/10.17951/sil.2021.30.3.265-276.

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Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.

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Hoffman, István, and Bernadette Somody. "Animal Protection in Hungary: A Multilayer System Based on an Administrative Approach." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 109–18. http://dx.doi.org/10.17951/sil.2021.30.3.109-118.

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Animal protection has a long tradition in the Hungarian legal system. It can be interpreted as a multi-layer model, but the major approach of animal protection has an administrative nature. Originally, animal protection was interpreted as protecting farm animals as resources. Even though new layers have been evolved, the agricultural-administrative approach remained. The second layer is based on the protection of health and healthy nature. Animals are even protected as part of the natural environment and ecosystem and their protection is part of securing the biodiversity in Hungary. Although animal cruelty is a criminal offense in Hungary, the penal law approach is consistent with administrative law as it is based on the institutional protection of the fundamental right to health and a healthy environment. The law acknowledges that animals are capable of feeling, of suffering. However, animal protection stems from the state’s objective – subjectless – duty to protect the environment and humans’ living conditions. Its ultimate aim is to protect humans.

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JANECZEK, MACIEJ, EWA BILEWICZ, and ALEKSANDER CHRÓSZCZ. "Animals in Ancient Near East countries law codes- Sumer and Babylonia." Medycyna Weterynaryjna 74, no. 1 (2018): 5965–2018. http://dx.doi.org/10.21521/mw.5965.

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The roots of modern law and legislation, including the animal healing and care, should had been found in Su-mer. The authors were comparing the content of ancient Sumerian and Babylonian codes of law with each other, beginning from Ur-Nammu Code of Law, Lipit-Ishtar and subsequent texts, to Code of Hammurabi, which had codified the veterinarian activities. The work describes the multidimensional analysis of law codes aiming on the animals’ references, form the punishments sentenced for offences involving animals to tools used in sentence execution. .

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Chartier, Gary. "Natural Law and Animal Rights." Canadian Journal of Law & Jurisprudence 23, no. 1 (January 2010): 33–46. http://dx.doi.org/10.1017/s084182090000480x.

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The new classical natural law theorists have been decidedly skeptical about claims that non-human animals deserve serious moral consideration. Their theory features an array of incommensurable, nonfungible basic aspects of welfare and a set of principles governing participation in and pursuit of these goods. Attacks on animals’ interests seem to be inconsistent with one or more of these principles. But leading natural law theorists maintain that animals do not participate in basic aspects of well being in ways that merit protection, that the so-called “argument from marginal cases” is unsuccessful as a basis for claims that animals have moral standing, and that affirming that animals have rights leaves one with no basis for maintaining that humans do as well. In response, I suggest that animals can be understood to participate in some aspects of well being, defend the argument from marginal cases, and offer reasons why we might believe that affirming that animals have rights does not undermine the claim that humans have rights.

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Journal articles on the topic 'Animals and the Law'

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