By Gary L. Francione
"Pain is discomfort, without reference to the race, intercourse, or species of the victim', states William Kunstler in his foreword. This ethical main issue for the agony of animals and their felony prestige is the root for Gary L. Francione's profound booklet, which asks, Why has the legislation did not defend animals from exploitation? Francione argues that the present criminal average of animal welfare doesn't and can't identify fights for animals. so long as they're considered as estate, animals can be topic to affliction for the social and financial good thing about humans. Exploring each side of this heated factor, Francione discusses the heritage of the therapy of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and particular situations similar to the arguable damage of anaesthetized baboons on the college of Pennsylvania. He completely records the paradoxical hole among our professed trouble with humane therapy of animals and the overriding perform of abuse authorised by means of U.S. legislation. writer word: Gary L. Francione is Professor of legislation and Nicholas de B. Katzenbach pupil of legislation at Rutgers collage legislations tuition, Newark. he's additionally Co-director of the Rutgers Animal Rights legislation heart.
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Additional info for Animals, Property & The Law
There are rights other than the right of private property that serve to support the interests against which we balance the unprotected interests of animals, but The Problem 25 these other rights usually depend on legal welfarism’s fundamental assumption that animals are property. For example, as I show in Part III, defenders of the use of animals in biomedical experiments often argue that their use of animals is protected by their right of free inquiry, which, in turn, they connect with the guarantee of free speech contained in the First Amendment to the United States Constitution.
4 This concern about animals reﬂects both our own moral development as a civilization and our recognition that the differences between humans and animals are, for the most part, differences of degree and not of kind. ”6 Philosophical writings, such as The Case for Animal Rights by Tom Regan and Animal Liberation by Peter Singer, have presented and developed sophisticated and persuasive arguments in favor of increased moral consideration for animals. According to Regan and Singer, prevailing social attitudes toward animals are characterized by “speciesism,” which, like racism, sexism, or homophobia, uses a morally irrelevant criterion—species membership—to determine membership in the moral community.
We all reject “unnecessary” cruelty, but we still allow bow hunting, pigeon shoots, rodeos, and all sorts of activities that are difﬁcult to justify on any coherent moral ground. These practices result in unspeakable cruelty to animals, and none of these practices serves any purpose beyond mere entertainment. Nevertheless, such practices are protected under the law. A legal system that relies primarily on laws requiring “humane” treatment or prohibiting “unnecessary” suffering simply cannot protect beings that are, as a matter of law, regarded as the personal property of their owners.
Animals, Property & The Law by Gary L. Francione