By Gary L. Francione
"Pain is discomfort, regardless of the race, intercourse, or species of the victim', states William Kunstler in his foreword. This ethical obstacle for the affliction of animals and their criminal prestige is the root for Gary L. Francione's profound ebook, which asks, Why has the legislation didn't shield animals from exploitation? Francione argues that the present felony regular of animal welfare doesn't and can't determine fights for animals. so long as they're considered as estate, animals can be topic to pain for the social and fiscal advantage of humans. Exploring each side of this heated factor, Francione discusses the historical past of the therapy of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and particular instances resembling the debatable damage of anaesthetized baboons on the collage of Pennsylvania. He completely files the paradoxical hole among our professed crisis with humane remedy of animals and the overriding perform of abuse approved via U.S. legislation. writer observe: Gary L. Francione is Professor of legislation and Nicholas de B. Katzenbach pupil of legislation at Rutgers college legislations institution, Newark. he's additionally Co-director of the Rutgers Animal Rights legislation middle.
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Extra resources for Animals, Property & The Law
There is no doubt that most people in this country have had an experience with an animal, usually a dog or cat, who is regarded as a member of the family for all intents and purposes. Our ability to relate in this way to these companion animals obviously accounts for some of the strong reaction, including opposition, that many people have, for example, to the use of dogs or cats in biomedical experiments. In a recent essay legal scholars Alan The Problem 31 Freeman and Betty Mensch observe that although “our culture tolerates those who lavish affection and resources on pets,” we have a “paradoxical and contradictory relationship with pets [that] is but a subset of our relationship with animals generally.
In Part II, I examine how the paradigm of property applies in the context of anticruelty laws. Although “humane” laws provide an opportunity to test the thesis in a specific context, these statutes actually apply to a wide variety of conduct concerning animals, and in this sense, the context is more general than that provided in Part III. I argue that although anticruelty statutes supposedly represent a “regulation” of or restriction on our use of animals as property, these statutes are, for the most part, completely ineffective in protecting animals, although these laws probably do a very good job of protecting human property rights in animals.
Since an animal is regarded solely as a means to an end as the property of human owners, and since the animal’s interests are evaluated against this status as property, the outcome is almost certain: people win and animals lose. , economically unproductive) inﬂiction of animal suffering or death. It should come as no surprise that such a system does not work particularly well to provide meaningful protection to nonhuman animals. The Organization of the Book The book is divided into three parts.
Animals, Property & The Law by Gary L. Francione