Animal Rights

Summary: In Rain Without Thunder: The Ideology of the Animal Rights Movement, Professor Gary L. Francione argues that the modern animal rights movement is propelled similarly like the American abolitionist movement. "New Welfarists," he claims, fruitlessly pursue the goal of ending the exploitation of nonhuman animals through measures that better their welfare but cannot result in what matters most, the abolition of their legal status as property. In this essay, Steven Wise argues that New Welfarism does not contain a "structural defect," but a "structural inconsistency" that is necessary to achieve Gary Francione's goal of abolishing the property status of nonhuman animals in a manner consistent with the moral rights of nonhuman animals.

Summary: This article provides a review of the book "Animals, Property, and the Law" by Gary Francione regarding the differences between animal rights and animal welfare.

Summary: The question of 'Rights allocation" typically hinges on society's distinction between legal and moral entitlement. Although many rights find support in both categories, not all rights grounded in societal morality are likewise accorded legal status. The animal rights movement, particularly in the last three decades, has advanced the recognition of nonhuman animals' moral entitlements, but corresponding legal rights have been slow to follow. This Comment explores this gap in nonhuman animals' rights allocation with an eye toward establishing a basis for a private right of intentional tort action. Through appeal to predominant tort jurisprudential theories, in conjunction with an examination of our scientifically and experientially grounded understanding of nonhuman animals, the Comment concludes that there is room in our current legal system for direct recognition of, and compensation for, intentional injurious behavior aimed at nonhuman animals

Summary: Mr. Francione examines the philosophies of Peter Singer and Tom Regan and concludes, in part, that there is nothing in rights theory that necessarily precludes the animal advocate from pursuing incremental legislative or judicial change; however, he asserts that we cannot speak meaningfully of legal rights for animals as long as animals are regarded as property.

Summary: A presentation to the Senior Lawyers division of the American Bar Association in Orlando, Florida on August 2, 1996.

Summary: A pragmatist can be thought of as someone concerned about the practical consequences of her actions or beliefs. It is likely that all animal rights activists, whose common goal might be framed as the eradication of animal oppression, consider themselves pragmatists. Theirs is a lofty goal. Oppression which has been thousands of years in the making could reasonably be anticipated to be a long time in the unmaking. In the intervening years, different ideas have emerged about the practical consequences of different actions or beliefs. These differences (sometimes categorized under the broad headings of'rights" or 'welfare'" have transformed, or been transformed, into a pernicious conflict between advocates. It is essential, if meaningful change is to be achieved, that this conflict be resolved and not casually remanded to the realm where all opinions are seen to be equally valid, and to each her own. Gary Francione, lawyer, professor and author, has recently attempted an analysis of this discord in his book Rain Without Thunder: The Ideology of the Animal Rights Movement. The following commentary briefly considers some of the observations and conclusions Francione makes and some of the backlash his thoughts have engendered.

Summary: "In Rain Without Thunder Gary Francione makes a number of very interesting and original points. Space will not permit a full discussion of all these points, but I would like to mention at least two points regarding his after-the-fact analysis of PETA's campaigns and the danger of using -other types of exploitation, such as sexism, to further the animal rights movement I will then discuss in more detail a third point involving a distinction Francione makes that clarifies a number of problems and has great significance for the animal rights movement."

Summary: This article is a brief discussion of some aspects of Marc Bekoff's research that bear on animal sentience and animal protection. First he considers how the comparative study of animal minds informs discussions of animal exploitation, then he discusses how humans interfere, often unknowingly, in the lives of wild animals. It doesn't matter whether "dogs ape" or "apes dog" when taking into account the worlds of different animals.

Summary: This article provides a brief look at "rights theory" regarding women in comparison to animals.

Summary: The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have recognized the law's shortcomings and have sought to correct them, justice may eventually prevail. Unfortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law. Our hope is to give the reader a broader understanding of the need for animal protection, the complexities of the movement, and the historical context and current legal framework underlying the position of non-human animals.