Animals, Property, and the Law
Publication: May 95
Publication: May 95
6 x 9
How to balance the failure of the legal system to protect animals with its professed recognition of animal rightsRead the Introduction and an excerpt from Chapter 1 (pdf).
"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation?
Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings.
Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.
Table of Contents
Foreword William M. Kunstler, Esq.
Preface and Acknowledgments
Introduction: Legal Welfarism: The Consequences of the Property Status of Animals
Part I: The Status of Animals as Property
1. The Problem: "Unnecessary" Suffering and the "Humane" Treatment of Property
2. The Dominion of Humans over Animals, the "Defects" of Animals, and the Common Law
3. Two Examples of Legal Welfarism
4. The Exclusion of Animal Interests from Legal Considerationthe Doctrine of Standing
5. Laws and Rights: Claims, Benefits, Interests, and the Instrumental Status of Animals
Part I Conclusion
Part II: A General Application of the Theory: Anticruelty Statutes
6. The Purposes of Anticruelty Statutes
7. Anticruelty Statutes and the Protection of the Institutionalized Exploitation of Animals
Part II Conclusion
Part III: A Specific Application of the Theory: The Regulation of Animal Experimentation
8. Animal Experimentation: Animal Property and Human "Benefit"
9. The Federal Animal Welfare Act
10. The Administrative Regulation of the Animal Welfare Act
11. The Animal Welfare Act in the Courts
Part III Conclusion
Epilogue: An Alternative to Legal Welfarism?
Explanation of Legal Citations
About the Author(s)
In the Series
Ethics and Action edited by Tom Regan