By Joan E. Schaffner
This exploration of the newly rising, assorted, and debatable region of animal lawpresents a uncomplicated survey of the legislation designed to guard animals, interpreting and critiquing them, and offering a destiny the place the felony regime effectively acknowledges and protects the inherent worthy of all animals.
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Extra info for An Introduction to Animals and the Law
The legal construct of “property” and the related concept of “ownership” are very broad and abstract. 76 Wild animals fell into the common class, meaning they belonged in common to all citizens. Under natural law, one gained ownership over things through dominion. This rule is called the “animals ferae naturae doctrine” and provides that wild animals reside within the common and belong to no one as long as the animal remains wild, unconﬁned, and undomesticated. Sir William Blackstone, an English 20 An Introduction to Animals and the Law judge who wrote a treatise on the common law that remains an important source for the classical view, commented: A man may lastly have a qualiﬁed property in animals ferae naturaepropter privilegium; that is, he may have the privilege of hunting, taking and killing them in exclusion of other persons.
The acts constituting cruelty include “unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates” an animal. In contrast, the words “unnecessary or unjustiﬁed” are absent from the Illinois statute when deﬁning cruel treatment or aggravated cruelty. However, Illinois uses the term “cruel” without deﬁning it. The standard deﬁnition of cruel is “to inﬂict pain and suffering,” although the courts may consider the circumstances when determining guilt.
For example, a dog may be a companion animal, may be used for research, or may provide entertainment to humans; a rabbit may be a companion animal, may be raised and killed for food, may be used for research, or exhibition, or may be wild; while an elephant may live in the wild as part of our environment, or may be captive in a circus or zoo to provide entertainment. The law treats the same animal differently depending upon the human’s use of the animal. The “law” Legal systems A legal system is a complex set of principles and rules that govern human behavior.
An Introduction to Animals and the Law by Joan E. Schaffner