Animal Rights

Animal Ethics and the Law

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Summary: Concerned with the lack of legal protection for farm animals in the United States, Bernard Rollin argues for the enfranchisment of farm animals. In this article, Rollin also identifies five factors that have called forth new ethics and new laws regarding animals.

Concerned with the lack of legal protection for farm animals in the United States, Bernard Rollin argues for the enfranchisment of farm animals. In this article, Rollin also identifies five factors that have called forth new ethics and new laws regarding animals.

People ex rel. Nonhuman Rights Project, Inc. v. Lavery

Summary: This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

Johnson v. District of Columbia

Summary: Although he has never been prosecuted or threatened with prosecution under the District of Columbia's Animal Control Act, plaintiff, an animal rights activist, challenges a provision that reads: “No person shall knowingly and falsely deny ownership of any animal.” D.C.Code § 8–1808(b). Plaintiff asserts that he desires to give speeches in the District of Columbia about why he opposes treating animals as property, and in such speeches he would like to deny ownership of his dog. However, he alleges that he does not do so because he is deterred by D.C.Code § 8–1808(b). Plaintiff therefore sued the District of Columbia to obtain declaratory and injunctive relief, arguing the statute violated his First Amendment right to free speech. The District Court, however, found that plaintiff lacked standing because he presented no concrete evidence to substantiate his fears of prosecution, but rather rests his claims on mere conjecture about possible governmental actions. Such hypothetical fears cannot form the basis for standing under Article III of the US Constitution. The defendant's motion to dismiss was therefore granted and the plaintiff's motion for summary judgment was therefore dismissed.

Although he has never been prosecuted or threatened with prosecution under the District of Columbia's Animal Control Act, plaintiff, an animal rights activist, challenges a provision that reads: “No person shall knowingly and falsely deny ownership of any animal.” D.C.Code § 8–1808(b). Plaintiff asserts that he desires to give speeches in the District of Columbia about why he opposes treating animals as property, and in such speeches he would like to deny ownership of his dog. However, he alleges that he does not do so because he is deterred by D.C.Code § 8–1808(b). Plaintiff therefore sued the District of Columbia to obtain declaratory and injunctive relief, arguing the statute violated his First Amendment right to free speech. The District Court, however, found that plaintiff lacked standing because he presented no concrete evidence to substantiate his fears of prosecution, but rather rests his claims on mere conjecture about possible governmental actions. Such hypothetical fears cannot form the basis for standing under Article III of the US Constitution. The defendant's motion to dismiss was therefore granted and the plaintiff's motion for summary judgment was therefore dismissed.

CULTURAL SOLIPSISM, CULTURAL LENSES, UNIVERSAL PRINCIPLES, AND ANIMAL ADVOCACY

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Summary: This article explores the cultural similarities and differences relating to the relationship between humans and animals in a globalized world. The article acknowledges that cultural differences in a globalized world can have a profound impact on the efficacy of advocacy for the benefit of animals. Attempts in one nation to provide protection for animals can have unintended consequences in our globalized world. The problem that then presents itself is, given the potpourri of human cultures and the need to take a global view of animal rights advocacy, how can animal rights advocates most efficiently and successfully advocate for animals? This article addresses that issue.

This article explores the cultural similarities and differences relating to the relationship between humans and animals in a globalized world. The article acknowledges that cultural differences in a globalized world can have a profound impact on the efficacy of advocacy for the benefit of animals. Attempts in one nation to provide protection for animals can have unintended consequences in our globalized world. The problem that then presents itself is, given the potpourri of human cultures and the need to take a global view of animal rights advocacy, how can animal rights advocates most efficiently and successfully advocate for animals? This article addresses that issue.

Fuzzy Toys and Fuzzy Feelings: How the “Disney” Culture Provides the Necessary Psychological Link to Improving Animal Welfare

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Summary: The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals.

The connection between pop culture's psychological influences on society and on people's ability to empathize helps explain the legal shift to address practices of animal testing, animal fighting, and other abuse or torturous practices. The media helps cultivate increased sentiment for animal welfare, which is the first hurdle to overcome when advocating for a change regarding animals in the law. This Note discusses specifically how Disney movies featuring animal characters have furthered an interest in animal welfare. This Note further proposes that courts' realization that scientific evidence of suffering is inadequate to measure or identify cruelty is essential to sufficiently provide legal protections to animals.