As has been the case in Europe, increasing consumer demand for higher welfare products has resulted in improved conditions for farm animals raised for slaughter in the USA and Australia. Consumer awareness has been significantly aided by investigations of farm and slaughterhouse conditions by animal welfare organizations, often working undercover. These gains are now under very serious threat. In eleven states in the USA, and three in Australia, new legislation, coined “Ag-gag” law, has been enacted prohibiting (...) public dissemination of material depicting on farm animal use. In both countries, media corporations and private citizens are liable to up to three years’ imprisonment for publishing photographs or recordings depicting the conditions of animals on farms or at slaughter. Controls on the publication of information documenting animal use compromises transparency in the food chain, erodes the accountability of those involved in the management of animals and undermines the case for enhanced legislation and policy reform. This paper describes recent legal challenges in the USA to the constitutionality of “Ag-gag” laws and evaluates “Ag-gag” laws’ impact on animal welfare in agricultural facilities in the USA and Australia. (shrink)

In this objective, practical and authoritative introduction to animal law, the author examines the fundamental principles of the human-animal relationship and how those have, or have not, been translated into contemporary animal welfare law. The book describes the various uses of animals in society, the practical relevance of animal health and welfare to activities of professionals, and animal welfare in the context of global issues including climate change, disease control, food safety and (...) food supply. It identifies 29 key principles which guide animal law and welfare. Relevant to companion, farm, captive and wild animals, the book has international application in countries with both established and developing legislation. It focuses on the issues and principles, referencing contemporary animal welfare law to provide a global benchmark. The author acknowledges the diversity of views regarding animals as individual beings and beloved pets, to pure commodities. Yet animals need to be treated as one stakeholder, along with other interests, under the law. Based on successful courses run by the author and his own legal practice, the book combines science and ethics to provide an accessible introduction to the key principles of animal law and welfare. (shrink)

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson (...) analyses the limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies. (shrink)

Over the last years, Norway has revised its animal welfare legislation. As of January 1, 2010, the Animal Protection Act of 1974 was replaced by a new Animal Welfare Act. This paper describes the developments in the normative structures from the old to the new act, as well as the main traits of the corresponding implementation and governance system. In the Animal Protection Act, the basic animal ethics principles were to avoid suffering, (...) treat animals well, and consider their natural needs and instincts. In addition, a principle for balancing our duties towards animals with the needs and interests of humans was expressed by the formulation unnecessary suffering. These principles (only with slightly different formulations) are retained in the new act. The novelty of the new act is shown by its explicit intention to promote respect for animals and its recognition of animals’ intrinsic value. Whereas intrinsic value is only given a symbolic function, the notion of respect is intended to have practical consequences. One interpretation of respect for animals is taking the animal’s integrity—and not only welfare—into account. Another is to see the introduction of respect as a call to animal keepers to provide animals with welfare exceeding the minimum requirements. In several respects, the legal system now seems to leave more responsibility to the individual animal keeper—and to citizens in general. I argue that if the authorities really do want to promote respect for animals, they must at the same time initiate activities to achieve this. In my perspective the challenge is to provide adequate measures to achieve in practice the intended respect for animals expressed in the new act. (shrink)

The turn of the millennium has witnessed an extraordinary paradox—one identified by Jacques Derrida as a simultaneous increase in violence against nonhuman animals and compassion toward them. This article turns to critical legal theory as well as to recent work by continental philosophers on the human/animal distinction in order to make sense of the ways the paradox manifests in law, arguing that so-called animal welfare laws that appear to be politically progressive are, in fact, iterations of the (...) very violence they purport to redress. What legislation designates as “animal” has neither language nor a recognized image, which not only renders this singular object of law voiceless but also denies that object access to any experience of death, and thus, to life. Through a deconstruction of recently enacted Japanese “animal welfare” legislation, this article proposes that the inability of the legislator to think the animal as having a relation to death belies a deeper struggle at the heart of law itself, to constitute its subjects through language. (shrink)

Murdering Animals confronts the speciesism underlying the disparate social censures of homicide and “theriocide”, and as such, is a plea to take animal rights seriously. Its substantive topics include the criminal prosecution and execution of justiciable animals in early modern Europe; images of hunters put on trial by their prey in the upside-down world of the Dutch Golden Age; the artist William Hogarth’s patriotic depictions of animals in 18th Century London; and the playwright J.M. Synge’s representation of parricide in (...) fin de siècle Ireland. Combining insights from intellectual history, the history of the fine and performing arts, and what is known about today’s invisibilised sites of animal killing, Murdering Animals inevitably asks: should theriocide be considered murder? With its strong multi- and interdisciplinary approach, this work of collaboration will appeal to scholars of social and species justice in animal studies, criminology, sociology and law. (shrink)

The Netherlands and Belgium are European Union (EU) states with a shared border and cultural similarities. Article 13 of the EU Treaty of Lisbon recognises animals as sentient beings. EU laws protect animal welfare and conservation, and member states can implement more stringent legislation. Political salience refers to the extent to which citizens are concerned about political issues. Issue salience can be measured by assessing references to animal protection in party political manifestos. This research analyses the (...) political salience of animal protection in the Netherlands and Belgium. It analyses over 2600 statements on animal protection in Dutch (2012–2021) and Belgian (2010–2019) party manifestos across three consecutive national elections. Quantitative analysis reveals that in both the Netherlands and Belgium, animal protection became more salient during successive elections, with the total number of positive statements increasing and the total number of negative statements decreasing. Farmed animal welfare and wildlife/biodiversity were the most salient issues, although the focus in countries and regions differed. Dutch parties and those in the Walloon region of Belgium focused on farmed animal health and unnecessary suffering; Flemish parties stressed intensive agriculture and animal welfare. In Belgium, wildlife/biodiversity statements stressed the protection of local species; Dutch statements were strongly linked to agriculture. In both the Netherlands and Belgium, left-wing parties had more progressive policy statements, whilst right-wing parties prioritised economic prosperity over animal protection. This research provides the first academic analysis of animal protection policies in political manifestos in the Netherlands and Belgium. (shrink)

Animals, Equality and Democracy examines the structure of animal protection legislation and finds that it is deeply inequitable, with a tendency to favor those animals the community is most likely to see and engage with. Siobhan O'Sullivan argues that these inequities violate fundamental principle of justice and transparency.

The focus on animal welfare in society has increased during the last 50 years. Animal welfare legislation and private standards have developed, and today many farmers within animal production have both governmental legislation and private standards to comply with. In this paper intentions and values are described that were expressed in 14 animal welfare legislation and standards in four European countries; Sweden, United Kingdom, Germany and Spain. It is also discussed (...) if the legislation and standards actually accomplish what they, in their overall description and ethics, claimed to do, i.e. if this is followed up by relevant paragraphs in the actual body of the text in the legislation and standards respectively. The method used was an on-line questionnaire from the EconWelfare research project and text analyses. This study shows that the ethical values within a set of legislation or private standards are not always consistently implemented, and it is not always possible to follow a thread between the intentions mentioned initially and the actual details of the legislation or standard. Since values will differ so will also the animal welfare levels and the implications of similar concepts in the regulations. In general, the regulations described were not based on animal welfare considerations only, but also other aspects, such as food safety, meat quality, environmental aspects and socio-economic aspects were taken into account. This is understandable, but creates a gap between explicit and implicit values, which we argue, can be overcome if such considerations are made more transparent to the citizens/consumers. (shrink)

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content (...) and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.1 (2001) 91-112 [Access article in PDF] Scope Note 40 Animals in Research and Education: Ethical Issues Laura Jane Bishop and Anita Lonnes Nolen Scientific enquiry is inexorably tied to animal experimentation in the popular imagination and human history. Many, if not most, of the spectacular innovations in the medical understanding and treatment of today's human maladies have been based on research using (...) animals. However, the use of animals in research and experimentation has been debated, defended, and protested by both individuals and organizations at various levels. Responses range from personal lifestyle decisions and fervent philosophical treatises to strident arguments, violent demonstrations, and direct action. The continuum of attitudes about animals and the human relationship with animals spans the range between those who support no regulation of the human use of animals and those who advocate absolute animal liberation from all human use (see II, Orlans 1993, p. 22). History The first recorded experimentation on animals occurred in ancient Rome, but not until the Renaissance did scholars begin serious study of how the body works. Leonardo da Vinci (1452-1519) and other artists and anatomists pursued anatomical investigations of muscle and bone structure. William Harvey (1578-1657) discovered the circulation of the blood via his experiments on live deer. During this period, much live animal experimentation both in England and France was based on the view of French philosopher René Descartes (1596-1650) that animals are incapable of feeling pain. Jeremy Bentham (1748-1832), the English utilitarian philosopher, thought otherwise. In his "Introduction to the Principles of Morals and Legislation" in 1789, Bentham declared, "The question is not, can they reason? Nor, can they talk? But can they suffer? Despite Bentham and others, the belief that animals could not perceive pain persisted in many quarters into the twentieth century. Nineteenth century French physiologist Claude Bernard [End Page 91] (1813-1878)-and his teacher, François Magendie (1783-1855)-conducted wide-ranging animal experiments including surgery, use of drugs, and removal of body parts from many species. Bernard argued that while no amount of benefit could justify any harm to human research subjects, even extreme harm and pain for animal research subjects could be justified by the potential benefit to human beings. Although he did use anesthetics in his work after their discovery in 1847, even Bernard's later work was controversial because of the numbers of animals used and the repetitive nature of his research. The experiments of Magendie and Bernard both laid the foundations for animal experimentation as a practice for scientific advance and contributed in large measure to the emergence of the anti-vivisection movement. Public protests over animal experiments conducted in France and the fear that these might come to England led to the passage of the first law controlling animal experimentation, the "1876 Cruelty to Animals Act" in England. This history and the dynamic tension between scientific inquiry and public concern set the stage for the activism and scholarship of the twentieth century.Since the 1960s, the amount of attention, activism, and scholarship related to animal use has increased at a rapid pace. The modern animal protection movement, led by the Australian philosopher Peter Singer in his book, Animal Liberation (II, 1975), based its advocacy on animals' ability to experience pain and suffering (Bentham's argument). Singer's book and other investigations into animal research, such as LIFE magazine's photojournalism piece on pet theft, animal cruelty, and animal experimentation (Concentration Camps for Dogs. LIFE (4 February 1966), pp. 22-29), brought the use of animals in research, testing, and education to the attention of the general public. Activists, advocates, laypersons, scientists, lawmakers, and animals themselves, have created the interesting, complicated, and complex history of animal rights and animal welfare over the last several decades. Current Statistics Worldwide, approximately 35 million animals are used in research each year; the United States alone uses 12 million animals annually--more than any other country. In 1998, the official number of research animals recorded in the United States was 1... (shrink)

Animals do a wide range of work in our society, but they are rarely recognized as workers or accorded any labour rights, and their working conditions are often oppressive and exploitative. Drawing on law, ethics, and labour studies, the essays in this volume explore the potential and dangers of animal labour.

This article captures and critiques a recurring and prominent political argument against animal welfare improvements in Switzerland which we term the “ranking argument”. This states that Swiss animal welfare law ranks among the strictest in the world, therefore no improvements are called for. This argument was advanced three times by Swiss government authorities in 2022 alone, but also in a case dating back to 1984, to advise the electorate on popular initiatives aiming at animal (...) class='Hi'>welfare improvements. We argue that, while the argument commits a fallacy of relative privation and is ethically dubious, it can be deployed to great effect by agents opposed to norm change in animal welfare regulation. We conclude with some thoughts on how the ranking argument can and should be challenged in public discourse. (shrink)

The American states have demonstrated varying levels of support for animal rights legislation. The activities of interest groups, including pressures from competing groups, help to explain the presence or absence of ten pro-animal regulations and laws. This article analyzes and ranks each of the fifty states with regard to ten key areas of animal protection and welfare legislation. The analysis reveals that states with a more agricultural economic base are less likely to provide protection (...) to animals. In addition, states with a more traditional political culture are less likely to have pro-animal legislation in place. (shrink)

Man controls and dominates the habitat of most animals, both domestic and wild and there is a need for a pragmatic, workable approach to the problem of reconciling animal welfare with economic forces and the needs of man. It is the author's contention that much of the current philosophical discussion of animal welfare is misdirected now that it is possible to measure to some extent what animals think and feel and how much they can appreciate their (...) quality of life. The book deals with farm animals, pets, wild animals and laboratory animals and dicusses their environmental requirements, fear and stress, their response to pain, injury, disease and death, behaviour and aggression, and the implications of biotechnology and genetic engineering. Finally, the book tries to reconcile reverence for life with the inescapability of killing and reviews the prospects of preserving and enhancing quality of life for animals through legislations, education, economic and moral incentives. (shrink)

In organic philosophy, the concept of naturalness is of major importance. According to the organic interpretation of animal welfare, natural living is considered a precondition for accomplishing welfare and the principal aims of organic production include the provision of natural living conditions for animals. However, respective regulations are lacking in organic legislation. In practice, the life of a calf in organic rearing systems can deviate from being natural, since common practices in dairy farms include early weaning, (...) dehorning, or cow-calf separation soon after birth. This case study explores how calf welfare is approached in six different organic dairy farms and how far the concept of naturalness is implemented. The farms included in this study were located in Norway and Sweden. A semi-structured questionnaire was used for data collection. The interviewed farmers approach the concept of welfare in various ways and state that naturalness is an aspect of animal welfare. However, in practice in the calf rearing systems under study, only a few naturalness aspects were implemented. Reasons for the observed discrepancy might lie in differing understandings of naturalness, in economic restrictions, and in other trade-offs resulting from production system inherent characteristics and in limited regulation concerning provision of natural living aspects. (shrink)

Fish farming is one of the fastest growing sectors of agriculture, attracting considerable attention to the question of whether existing farming regulations and animal welfare laws are adequate to deal with the expanding role of fish in feeding humans. The role of fish as model organisms in scientific research is also expanding -- a majority of research biology departments now keep zebrafish for the purposes of genome biology, and they are used widely used for basic neuroscience research. However, (...) due to their diversity and distance from mammalian biology, fish pose difficult questions for the application of legal and ethical principles of animal welfare. This paper reviews the developing legal and scientific context in which such questions must be answered. (shrink)

Do animals have moral rights? If so, which ones? How does this affect our thinking about agriculture and experimentation? If animals have moral rights, should they be protected by law? These are some of the questions addressed in this collection, which contains more than 30 papers spanning nearly 40 years of debates about animal rights. It includes work by leading advocates of animal rights both in philosophy and law, as well as contributions by those resolutely opposed to the (...) very idea of animal rights. A substantial Introduction surveys key arguments in the area and puts the papers in context. (shrink)

Animal welfare science has advanced greatly in the last several decades. This trend is also evident in the zoo and aquarium community, where resources are increasingly being dedicated to better understanding how captivity impacts animals and how best to assess and improve the welfare of individual animals living in the care of humans. In this book, Chapter One examines how far the zoo community has come in addressing the welfare needs of animals in varying housing conditions (...) and highlights areas in need of further attention and research. Chapter Two discusses animal welfare from the viewpoints of cruelty, conservation of wild animals and veterinary attention. Chapter Three examines the justifications for the criminalisation of bestiality and argues that bestiality should be placed within the confines of animal welfare legislation and the focus should be on the animal and respecting the animal and its need to be able to exhibit normal behaviour patterns and its need to be protected from sexual abuse. Chapter Four analyzes from a legal perspective the European Unions (EU) measures and strategies for animal welfare in its external relations and highlights the development of the concept of animal welfare in the EU and in its relationships with the rest of the world. Chapter Five studies the growing demand for healthier animal products and the improvement of animal well-being. (shrink)

Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make (...) decisions on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort.Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support.We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach. (shrink)

The new classical natural law theorists have been decidedly skeptical about claims that non-human animals deserve serious moral consideration. Their theory features an array of incommensurable, nonfungible basic aspects of welfare and a set of principles governing participation in and pursuit of these goods. Attacks on animals’ interests seem to be inconsistent with one or more of these principles. But leading natural law theorists maintain that animals do not participate in basic aspects of well being in ways that merit (...) protection, that the so-called “argument from marginal cases” is unsuccessful as a basis for claims that animals have moral standing, and that affirming that animals have rights leaves one with no basis for maintaining that humans do as well. In response, I suggest that animals can be understood to participate in some aspects of well being, defend the argument from marginal cases, and offer reasons why we might believe that affirming that animals have rights does not undermine the claim that humans have rights. (shrink)

In the field of medically assisted reproduction (MAR), there is a growing emphasis on the importance of introducing new assisted reproductive technologies (ARTs) only after thorough preclinical safety research, including the use of animal models. At the same time, there is international support for the three R’s (replace, reduce, refine), and the European Union even aims at the full replacement of animals for research. The apparent tension between these two trends underlines the urgency of an explicit justification of the (...) use of animals for the development and preclinical testing of new ARTs. Considering that the use of animals remains necessary for specific forms of ART research and taking account of different views on the moral importance of helping people to have a genetically related child, we argue that, in principle, the importance of safety research as part of responsible innovation outweighs the limited infringement of animal wellbeing involved in ART research. (shrink)

This title examines captive animal welfare past to present including zoos and marine parks. Legislation regulating the process is discussed as are opposing viewpoints and alternatives such as virtual reality parks. A timeline, glossary, index, and historic and color photos supplement easy-to-read text. An infographic shows how the reader can learn more and get involved"--Publisher's website.

The public can influence animal welfare law and regulation. However what constitutes ‘the public’ is not a straightforward matter. A variety of different publics have an interest in animal use and this has implications for the governance of animal welfare. This article presents an ethnographic content analysis of how the concept of a public is mobilized in animal welfare journals from 2003 to 2012. The study was undertaken to explore how experts in the (...) discipline define and regard the role of the public in determining animal welfare standards. Analysis indicates that experts in animal welfare constitute different types of citizen and consumer publics around specific types of animal use, framed by different theories of value. These results suggest a need for greater clarity about the roles and responsibilities of experts and publics in animal welfare reform processes. Clearly citizens and consumers can both contribute to promoting higher welfare standards, but an over-reliance on market mechanisms and consumer behaviour to assign value is beset by moral hazards, foremost being the risk of disarticulating the concept of animal welfare from the public good. (shrink)

Gary L. Francione is a law professor and leading philosopher of animal rights theory. Robert Garner is a political theorist specializing in the philosophy and politics of animal protection. Francione maintains that we have no moral justification for using nonhumans and argues that because animals are property—or economic commodities—laws or industry practices requiring "humane" treatment will, as a general matter, fail to provide any meaningful level of protection. Garner favors a version of animal rights that focuses on (...) eliminating animal suffering and adopts a protectionist approach, maintaining that although the traditional animal-welfare ethic is philosophically flawed, it can contribute strategically to the achievement of animal-rights ends. As they spar, Francione and Garner deconstruct the animal protection movement in the United States, the United Kingdom, Europe, and elsewhere, discussing the practices of such organizations as PETA, which joins with McDonald's and other animal users to "improve" the slaughter of animals. They also examine American and European laws and campaigns from both the rights and welfare perspectives, identifying weaknesses and strengths that give shape to future legislation and action. (shrink)

After satisfying their quantitative and qualitative needs as regards nutrition, consumers in developed countries are becoming more involved in the ethical aspects of food production, especially when it relates to animal products. Social demands for respecting animal welfare in housing systems are increasing rapidly, as is social awareness of human responsibility towards farm animals. Many studies have been conducted on animal welfare measurement in different production systems, but the available information for small ruminants remains insufficient. (...) In this study, a 75 criteria-evaluation tool has been set up on the basis of the five freedoms concept. Animal welfare considerations have been analyzed in 25 documents, including labeling schemes, regulations, and recommendations from different European countries. The results show many differences between regular and organic small ruminant farming standards. Emergency measures are generally lacking. A weak representation of psychological aspects of animal welfare, especially by the current European legislation, is highlighted. (shrink)

This is the Second Edition of a well-received book that reflects a fresh, integrated coverage of the concepts and scientific measurement of stress and welfare of animals including humans. This book explains the basic biological principles of coping with many forms of adversity. The major part of this work is devoted to explaining scientifically usable concepts in stress and welfare. A wide range of welfare indicators are highlighted in detail with examples being drawn from man and other (...) species. The necessity for combining information from disciplines is emphasized with a one-health, one-welfare approach. This information forms the basis for a synthesis of new ideas. Among the issues covered are: - How brain and body systems regulate using feelings, physiological responses, behaviour and responses to pathology - Limits to adaptation - Assessing positive and negative welfare during both short-term and long-term situations - Ethical problems and suggested solutions A proper assessment of animal welfare is essential to take informed decisions about what is morally acceptable in terms of practice and in the development of a more effective legislation. This work encapsulates a very wide body of literature on scientific aspects of animal welfare and will thus prove a valuable asset for animal welfare scientists, psychologists, students and teachers of all forms of biology, behaviour, medicine, veterinary medicine and animal usage. (shrink)

Animal welfare is a concept that plays a role within both our moral deliberations and the relevant areas of science. The study of animal welfare has impacts on decisions made by legislators, producers and consumers with regards to housing and treatment of animals. Our ethical deliberations in these domains need to consider our impact on animals, and the study of animal welfare provides the information that allows us to make informed decisions. This thesis focusses (...) on taking a philosophical perspective to answer the question of how we can measure the welfare of animals. Animal welfare science is an applied area of biology, aimed at measuring animal welfare. Although philosophy of animal ethics is common, philosophy focussing on animal welfare science is rare. Despite this lack, there are definitely many ways in which philosophical methods can be used to analyse the methodologies and concepts used in this science. One of the aims of the work in this thesis is to remedy this lack of attention in animal welfare. Animal welfare science is a strong emerging discipline, but there is the need for conceptual and methodological clarity and sophistication in this science if it is to play the relevant informative role for our practical and ethical decision-making. There is thus is a strong role here for philosophical analysis for this purpose. The central aim of this thesis is to provide an account of how we can measure subjective animal welfare, addressing some of the potential problems that may arise in this particular scientific endeavour. The two questions I will be answering are: what is animal welfare, and how do we measure it? Part One of the thesis looks at the subjective concept of animal welfare and its applications. In it, I argue for a subjective welfare view - that animal welfare should be understood as the subjective experience of individuals over their lifetimes - and look at how the subjective welfare concept informs our ethical decision-making in two different cases in applied animal ethics. Part Two of the thesis looks more closely at the scientific role of welfare. Understanding welfare subjectively creates unique measurement problems, due to the necessarily private nature of mental states and here I address a few of these problems, including whether subjective experience is measurable, how we might validate indicators of hidden target variables such as welfare, how we can make welfare comparisons between individual animals and how we might compare or integrate the different types of experience that make up welfare. I end with a discussion of the implications of all these problems and solutions for the practice of welfare science, and indicate useful future directions for research. (shrink)

The development of animal ethics has been characterized by both progress and absurdity. More activity in animal welfare has occurred in the past 50 years than in the previous 500, with large numbers of legislative actions supplanting the lone anti-cruelty laws. Nonetheless, there remains a tendency to confuse animal ethics with human ethics. I found this to be the case when my colleagues and I were drafting federal law requiring control of pain in invasive research. The (...) history of animal ethics vacillates between Descartes’ denial of thought and feeling in animals and British empiricism, including the great skeptic David Hume, who affirmed in no uncertain terms the existence of animal mind. This approach was continued in British empiricism, culminating in the work of Charles Darwin. But despite Darwinian domination of biology and psychology, psychology was captured by denial of mind and consciousness by JB Watson, father of behaviorism. Denial of thought and feeling in animals continued in 20th century science and medicine while society in general became ever more firm in asserting their existence. (shrink)

Raising awareness of human indifference and cruelty toward animals, The Global Guide to Animal Protection includes more than 180 introductory articles that survey the extent of worldwide human exploitation of animals from a variety of perspectives. In addition to entries on often disturbing examples of human cruelty toward animals, the book provides inspiring accounts of attempts by courageous individuals--including Jane Goodall, Shirley McGreal, Birute Mary Galdikas, Richard D. Ryder, and Roger Fouts--to challenge and change exploitative practices. As concern for (...) animals and their welfare grows, this volume will be an indispensable aid to general readers, activists, scholars, and students interested in developing a keener awareness of cruelty to animals and considering avenues for reform. Also included is a special foreword by Archbishop Desmond Tutu, urging readers to seek justice and protection for all creatures, humans and animals alike. (shrink)

ABSTRACT Jeremy Bentham is often thought to have set the groundwork for the modern ‘animal liberation’ movement, but in fact he wrote little on the subject. A full examination of his work reveals a less radical position than that commonly attributed to him. Bentham was the first Western philosopher to grant animals equal consideration from within a comprehensive, non-religious moral theory, and he was a staunch defender of animal welfare laws. But he also approved of killing and (...) using animals, as long as pointless cruelty could be avoided. The nuances of his position are best brought out by comparing it to that of Peter Singer, who draws considerably more radical practical conclusions. This is not primarily explained by competing formulations of utilitarianism, however, but by different empirical background assumptions about the lives of animals. (shrink)

Societal concerns dictate the need for animal welfare standards and legislation. The public and livestock producers often differ on their views of livestock welfare, and failure to meet public expectations may threaten the “social license to operate” increasing the cost of production and hampering the success of the industry. This study examined public and producer attitudes toward common practices and animal welfare issues in the Australian red meat industry, knowledge of these practices, and public (...) and producer trust in people working the red meat industry using an Australia-wide survey of both the general public and red meat producers. Public participants were recruited using a random digit dialing telephone survey while the red meat producers were randomly selected within a curated database of Australian red meat producers. After controlling for gender and age, there were marked differences between public and producer respondents in 20 of the 27 attitude, trust and knowledge variables studied. Producers reported more positive beliefs in the conditions provided for sheep and beef cattle during sea and land transport, the husbandry practices used in the red meat industry, and red meat attributes regarding human health, environmental impact, animal use and animal welfare. Both public and producers reported similar levels of trust in conventional and commercial media and had similar beliefs about animal rights, prevention of animal cruelty and balancing the welfare of people and animals. The results indicate a polarization between the public and livestock producers in their attitudes toward animal welfare, knowledge of husbandry practices and trust in livestock people. (shrink)

Happy the elephant is intelligent, social, and self-aware--and considered a thing in the eye of the law. Led by lawyer Steven M. Wise, the Nonhuman Rights Project has filed cases on behalf of captive nonhuman animals like Happy since 2013, arguing that their autonomy entitles them to certain legal rights. In Thing: Inside the Struggle for Animal Personhood, comic artists Sam Machado and Cynthia Sousa Machado bring together Wise's groundbreaking work and their own illustrations in the first graphic nonfiction (...) book about the animal personhood movement. Beginning with Happy's story and the central ideas behind animal rights, Thing then turns to the scientists that are revolutionizing our understanding of the minds of such nonhuman animals as great apes, elephants, dolphins, and whales. Combining legal and social history, innovative science, and illustrated storytelling, Thing presents a visionary new way of relating to the nonhuman world. (shrink)

The public can influence animal welfare law and regulation. However what constitutes ‘the public’ is not a straightforward matter. A variety of different publics have an interest in animal use and this has implications for the governance of animal welfare. This article presents an ethnographic content analysis of how the concept of a public is mobilized in animal welfare journals from 2003 to 2012. The study was undertaken to explore how experts in the (...) discipline define and regard the role of the public in determining animal welfare standards. Analysis indicates that experts in animal welfare constitute different types of citizen and consumer publics around specific types of animal use, framed by different theories of value. These results suggest a need for greater clarity about the roles and responsibilities of experts and publics in animal welfare reform processes. Clearly citizens and consumers can both contribute to promoting higher welfare standards, but an over-reliance on market mechanisms and consumer behaviour to assign value is beset by moral hazards, foremost being the risk of disarticulating the concept of animal welfare from the public good. (shrink)

This article compares and contrasts the patenting of animals, humans, and biotechnological inventions in the United States, at the European Patent Office, and within the European Union. It shows that morality is not a concern of U.S. legislative instruments or courts and patents have been granted liberally on living organisms, from microorganisms to mammals, in North America since the 1980s. By way of contrast, both European legislative instruments enshrine a morality bar that must be employed to deny patentability. Their implementation, (...) however, is unpredictable due to a lack of detailed guidance on what morality means. The remit of the morality bar extends principally to humans, but the interests of animals must now also be factored into the equation. The manner in which this is done is unclear and patents on plants, although controversial among the public in general, do not unduly trouble lawmakers now that a significant time has elapsed since this Rubicon was crossed. This article explains and critically assesses these systems while identifying some of the ethical problems that are likely to emerge in due course focusing on the ad hoc regard paid to animals and the lack of a structured approach to considering their rights or welfare. (shrink)

Moral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm is inflicted (...) on humans, policies concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals. (shrink)

This handbook presents a much-needed and comprehensive exploration of the rapidly growing fields of animal welfare and law. In recent years there has been increasing attention paid to our complex, multifaceted relationships with other animals, and in particular, the depth and breadth of various societal uses of animals. This has led to a reconsideration of their moral and social status, which has sometimes challenged the interests of those who use animals. In such a contested domain, sound evidence and (...) reasoning become particularly important. Through firm commitment to such principles, this book explores the biological foundations for the moral consideration of animals, and for evolving conceptualisations of animal welfare. It reviews in detail the welfare concerns associated with numerous forms of animal use. The inclusion of key recent developments such as climate change, pandemics and antimicrobial resistance, ensure this text is among the most current in its field. The ethical implications of the various uses of animals by society are considered, and chapters provide important recommendations for reforms of practice, law or policy. The status of animal law internationally, and in major world regions, is reviewed. Finally, the book considers human behavioural change, and strategies for improving stakeholder communication and education. The handbook is essential reading for students and scholars of animal welfare, animal law and animal ethics everywhere, and for policymakers and other professionals working in the animal welfare sector. (shrink)

Public debate on acceptable farm animal husbandry suffers from a confusion of tongues. To clarify positions of various stakeholder groups in their joint search for acceptable solutions, the concept of animal welfare was split up into three notions: no suffering, respect for intrinsic value, and non-appalling appearance of animals. This strategy was based on the hypothesis that multi-stakeholder solutions should be based on shared values rather than on compromises. The usefulness of such an artificial value distinction strategy (...) was tested in a small series of experiments. The results demonstrate that the chosen concept to distinguish between values is effective in a stakeholder context. Farmers’ views on doing good to animals appeared to be largely based on their value to prevent suffering and predominantly focused on the provision of regular care. Their priority for this value is clearly shared with other stakeholders, providing a basis for joint solutions. The concept of intrinsic value does not play a discernable role in farmers’ considerations. Based on the varying views on welfare, it can be inferred that there is a gradual rather than a principal difference between government legislation and farmers’ values, whereas public perception and acceptance of farm practices remains complicated. Distinction between value groups and focusing on a selected notion (such as no suffering) proved to be effective in bringing representatives of stakeholder groups together, but is unlikely to bridge the emotional gap between commercial farm practices and public ideals. (shrink)

Tant qu'il y aura des cages est la traduction de Rattling the Cage de Steven Wise, contribution majeure au droit animalier. L'auteur, qui enseigne notamment à la Harvard Law School, est connu pour plaider comme avocat en faveur des droits fondamentaux des grands singes devant la Cour suprême aux États-Unis. Dans un style clair, accessible et...

In this research, we develop a reporting framework based on an ethical account of the Australian live sheep export industry’s current operations. We demonstrate that LSE operates within a legitimacy vacuum constituted by a repeated cycle of events that we characterize as scandal-response-obduracy with a constant factor being animal cruelty on an industrial scale. The lack of legitimacy is facilitated by an obdurate regulatory context, an absence of consumer awareness of industry practices, jurisdictional impediments to enforcement of animal (...) cruelty laws and foundational epistemic vices upon which the industry calculates an unethical cost benefit analysis of current practice. While legitimacy theory would expect demise of the LSE industry, its prolonged continuation is more than a curiosity. It presents an opportunity to understand how focus on vice epistemics and reporting of animal welfare may contribute to emancipatory change in the form of improved animal welfare in agricultural industries. (shrink)

Federico Zuolo | : Most contemporary Western laws regarding the treatment of animals in livestock farming and animal slaughter are primarily concerned with the principle that animal suffering during slaughter should be minimized, but that animal life may be taken for legitimate human purposes. This principle seems to be widely shared, intuitively appealing and capable of striking a good compromise between competing interests. But is this principle consistent? And how can it be normatively grounded? In this paper (...) I discuss critically this principle. I argue that this principle can be justified on the ground of respect for the value commitment toward animal welfare, which is held by many people. The advantage of this perspective is its inclusiveness: it can justify without contradiction the principle at stake and allow for the admissibility of religious slaughter while promoting animals’ interest in not suffering. This justification also has the advantage of being compatible with the cultural and religious pluralism of contemporary societies. | : La plupart des lois contemporaines portant sur le traitement des animaux, leur élevage et les techniques d’abattage en usage en Occident se préoccupent principalement du principe selon lequel la souffrance des animaux doit être minimisée durant l’abattage, mais reconnaissent que les animaux peuvent être tués à des fins humaines légitimes. Ce principe semble être largement accepté par la société, séduisant intuitivement et susceptible de constituer un bon compromis entre des intérêts concurrents. Mais ce principe est-il cohérent? Et quel peut être son fondement normatif? Dans cet article, j’aborde ce principe de manière critique. J’affirme que ce principe peut être justifié dans le cadre du respect de l’engagement envers le bien-être des animaux, lequel est soutenu par de nombreuses personnes. L’avantage de cette perspective est son caractère inclusif : elle permet de justifier de manière non contradictoire le principe en question et rend acceptable l’abattage rituel tout en faisant la promotion de l’intérêt des animaux à la non-souffrance. Cette justification présente également l’avantage d’être compatible avec le pluralisme culturel et religieux qui caractérise les sociétés contemporaines. (shrink)