Introduction to Animals and the Law

ISBN-10: 0230235646

ISBN-13: 9780230235649

Edition: 2011

Authors: Joan Schaffner
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Book details

List price: $23.00
Copyright year: 2011
Publisher: Palgrave Macmillan Limited
Publication date: 11/3/2010
Binding: Paperback
Pages: 252
Size: 5.24" wide x 8.25" long x 0.75" tall
Weight: 0.682
Language: English

JOAN SCHAFFNER is Associate Professor of Law at George Washington University Law School, USA.

Table of Authorities
Series Preface
Animals and the Law: The Basics
What is animal law?
The "animals"
The "law"
Legal systems
Sources of law
Legal rules and legal rights
Animals as things owned as property
Moving on from the basics
Anti-Cruelty Laws
State statutes
The basic elements
The link
A progressive anti-cruelty law: Puerto Rico
Common law: interpreting and applying anti-cruelty statutes
Targeting animal fighting
When animal-cruelty statutes arguably infringe defendants' constitutional rights
Infringing speech
Infringing religious practices
A case study: cruelty to animals used for food - comparing the New Jersey and Israeli approaches
The animals - who they are and our obligations to them
The court's role
"Accepted agricultural practices"
Humane versus cruel
Lessons learned
What about wildlife?
Anti-cruelty versus game laws
Hunting and trapping
A brief comparison to Australasia
Enforcement: public and private
Animal Welfare Laws
Introduction: animal welfare acts
Animals used for research
Goals and functions
Procedures for implementing
The three Rs
A case study: standing and the AWA
Comparison to the United Kingdom
Animals used for breeding and sold as pets
Animals used for entertainment
Defining "exhibitor"
Regulating exhibitors
The ethics of exhibiting animals
A case study: seeking to protect Asian elephants in the Ringling Brothers' Circus
Animals used for food
Introduction: factory farming
Regulating slaughter and transport
A case study: statutory and regulatory interpretation excluding birds from the HMSA
Some hopeful developments at the state level
Thinking outside the battery cage
Progressive approaches: the United Kingdom and the European Union
Animal Control and Management Laws
Domestic animals
Controlling ownership
Challenging animal control laws
Legislating to save homeless companion animals
Dangerous dog laws
A hypothetical case study: feral cats
State game laws
Federal conservation laws
Animals, the Constitution and Private Law
Animals and the constitution
State constitutions
Constitutions worldwide
A case study: animal protection in the German constitution
Animals and private law
Regulating interpersonal relationships
Protecting the owner's interests
A case study: valuing companion animals
The Future: Animals as Subjects, an All-Inclusive Legal Regime
Welfare versus rights
Problems for animals under current law
Approaches for improving the law for animals
Four approaches along the continuum
A progressive model act
A brief summary of the five approaches
The future: an all-inclusive legal regime
Some basics to create an all-inclusive legal paradigm
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