David J. Wolfson and Mariann Sullivan
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780195305104
- eISBN:
- 9780199850556
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305104.003.0010
- Subject:
- Political Science, Environmental Politics
This chapter explores the use of animals for food and the realities of farmed-animal law. It shows how farmed animals receive no effective legal protection in the U.S.A., and details how the law to ...
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This chapter explores the use of animals for food and the realities of farmed-animal law. It shows how farmed animals receive no effective legal protection in the U.S.A., and details how the law to determine whether or not a farming practice is illegally cruel has been altered to transfer the power from the court to the farmed-animal industry. The chapter provides a concrete sense of the extent of the problem and of what should be done about it.Less
This chapter explores the use of animals for food and the realities of farmed-animal law. It shows how farmed animals receive no effective legal protection in the U.S.A., and details how the law to determine whether or not a farming practice is illegally cruel has been altered to transfer the power from the court to the farmed-animal industry. The chapter provides a concrete sense of the extent of the problem and of what should be done about it.
Richard A. Epstein
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780195305104
- eISBN:
- 9780199850556
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305104.003.0007
- Subject:
- Political Science, Environmental Politics
This chapter focuses on the two conceptions of animals: as objects and as subjects. It examines the historical rules that comprised the law of animals and which set the backdrop for the modern ...
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This chapter focuses on the two conceptions of animals: as objects and as subjects. It examines the historical rules that comprised the law of animals and which set the backdrop for the modern reforms, and explores the moral status of animals and their relationship to women, children, and slaves, under the traditional synthesis of legal rights. The chapter discusses the benefits to animals which arise from the system of human ownership and shows that the historical accounts of animals did not rest on any fundamental misconception as to their capacities, but on the simple but powerful proposition that the survival and advancement of human civilization depended on their domestication and use. It concludes that animals should continue to be treated as property and that a form of speciesism is justified.Less
This chapter focuses on the two conceptions of animals: as objects and as subjects. It examines the historical rules that comprised the law of animals and which set the backdrop for the modern reforms, and explores the moral status of animals and their relationship to women, children, and slaves, under the traditional synthesis of legal rights. The chapter discusses the benefits to animals which arise from the system of human ownership and shows that the historical accounts of animals did not rest on any fundamental misconception as to their capacities, but on the simple but powerful proposition that the survival and advancement of human civilization depended on their domestication and use. It concludes that animals should continue to be treated as property and that a form of speciesism is justified.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0010
- Subject:
- Law, Public International Law
Chapter 9 provides legislators with a full description of the comparative advantages of applying animal law across the border. It first clarifies the scope of extraterritorial jurisdiction by ...
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Chapter 9 provides legislators with a full description of the comparative advantages of applying animal law across the border. It first clarifies the scope of extraterritorial jurisdiction by examining what kinds of administrative, criminal, and civil animal laws can be used extraterritorially. Using a functional comparative approach, the author describes the benefits of extraterritorial applying animal law extraterritorially, including constitutionally enshrined state objectives, rights and prohibitions, and duties of compassion. Criminal animal law (including advanced rules on corporate liability) and administrative animal law (including advanced standards on keeping, transporting, and slaughter) can also create significant advantages for animals when used to protect them across borders. The author describes these in detail and concludes that there are good reasons to believe that only a few of the existing animal laws can operate as exemplary models. For animal law to yield substantial benefits in extraterritorial application, it first must emancipate itself from the dominant animal use paradigm.Less
Chapter 9 provides legislators with a full description of the comparative advantages of applying animal law across the border. It first clarifies the scope of extraterritorial jurisdiction by examining what kinds of administrative, criminal, and civil animal laws can be used extraterritorially. Using a functional comparative approach, the author describes the benefits of extraterritorial applying animal law extraterritorially, including constitutionally enshrined state objectives, rights and prohibitions, and duties of compassion. Criminal animal law (including advanced rules on corporate liability) and administrative animal law (including advanced standards on keeping, transporting, and slaughter) can also create significant advantages for animals when used to protect them across borders. The author describes these in detail and concludes that there are good reasons to believe that only a few of the existing animal laws can operate as exemplary models. For animal law to yield substantial benefits in extraterritorial application, it first must emancipate itself from the dominant animal use paradigm.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0002
- Subject:
- Law, Public International Law
Chapter 1 cuts through the tangle of scholarly arguments that obscure the law of jurisdiction, and offers a robust conceptual framework in which jurisdiction and extraterritoriality can be situated. ...
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Chapter 1 cuts through the tangle of scholarly arguments that obscure the law of jurisdiction, and offers a robust conceptual framework in which jurisdiction and extraterritoriality can be situated. It first describes the historical and conceptual factors that have redistributed jurisdictional space and corrects the most common misapprehensions voiced about jurisdiction by legislators and scholars. To elucidate the terms and concepts behind territoriality and extraterritoriality, the author develops a comprehensive extraterritoriality framework that categorizes jurisdictional norms by their anchor point, their regulated content, and their ancillary effects. The framework, which draws on established principles of the law of jurisdiction, can be used to determine whether a matter is territorial, indirect extraterritorial, or direct extraterritorial. The author introduces four case groups to illustrate the challenges animal law poses to the modi operandi of the law of jurisdiction and uses them to demonstrate the feasibility of the framework.Less
Chapter 1 cuts through the tangle of scholarly arguments that obscure the law of jurisdiction, and offers a robust conceptual framework in which jurisdiction and extraterritoriality can be situated. It first describes the historical and conceptual factors that have redistributed jurisdictional space and corrects the most common misapprehensions voiced about jurisdiction by legislators and scholars. To elucidate the terms and concepts behind territoriality and extraterritoriality, the author develops a comprehensive extraterritoriality framework that categorizes jurisdictional norms by their anchor point, their regulated content, and their ancillary effects. The framework, which draws on established principles of the law of jurisdiction, can be used to determine whether a matter is territorial, indirect extraterritorial, or direct extraterritorial. The author introduces four case groups to illustrate the challenges animal law poses to the modi operandi of the law of jurisdiction and uses them to demonstrate the feasibility of the framework.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0005
- Subject:
- Law, Public International Law
Chapter 4 complements Chapter 3 by examining the means available for states to indirectly protect animals abroad under trade agreements dealing with technical barriers, sanitary measures, dumping, ...
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Chapter 4 complements Chapter 3 by examining the means available for states to indirectly protect animals abroad under trade agreements dealing with technical barriers, sanitary measures, dumping, agriculture, and special treatment for majority world countries. It opens with a discussion of the indirect extraterritorial reach of labels and import restrictions under the Agreement on Technical Barriers to Trade (TBT) and then determines if the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) leaves room for protecting animals through indirect extraterritorial means. This chapter also explores the most appropriate way for members to react to dumping in animal law under the Anti-Dumping Agreement (ADA). Finally, it examines how states can use the Agreement on Agriculture (AoA) and the Special Treatment Clause to indirectly improve the lives of animals abroad through special schemes for subsidies or preferential treatment.Less
Chapter 4 complements Chapter 3 by examining the means available for states to indirectly protect animals abroad under trade agreements dealing with technical barriers, sanitary measures, dumping, agriculture, and special treatment for majority world countries. It opens with a discussion of the indirect extraterritorial reach of labels and import restrictions under the Agreement on Technical Barriers to Trade (TBT) and then determines if the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) leaves room for protecting animals through indirect extraterritorial means. This chapter also explores the most appropriate way for members to react to dumping in animal law under the Anti-Dumping Agreement (ADA). Finally, it examines how states can use the Agreement on Agriculture (AoA) and the Special Treatment Clause to indirectly improve the lives of animals abroad through special schemes for subsidies or preferential treatment.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0012
- Subject:
- Law, Public International Law
The final chapter takes a broad and comprehensive perspective, returning to the structural challenges of animal law in an era of globalization and the question of whether extraterritorial ...
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The final chapter takes a broad and comprehensive perspective, returning to the structural challenges of animal law in an era of globalization and the question of whether extraterritorial jurisdiction can help tackle them. The author identifies the social and societal risks (as opposed to legal risks) that pose a real challenge to the law of jurisdiction and explains why we should not blindly advocate the blanket application of extraterritorial jurisdiction. But these dangers do not release us from the responsibility to protect animals in cross-border relations, as this would subject them to economic laissez-faire. The author uses insights from animal studies and postcolonial studies to describe the steps that must be taken to reconcile these conflicting demands. With these safety valves, the author concludes, extraterritorial animal law has the potential to evolve beyond adversity to multiculturalism, into a tool that facilitates cross-cultural sensibility, awareness of shared histories, and the elimination of oppression.Less
The final chapter takes a broad and comprehensive perspective, returning to the structural challenges of animal law in an era of globalization and the question of whether extraterritorial jurisdiction can help tackle them. The author identifies the social and societal risks (as opposed to legal risks) that pose a real challenge to the law of jurisdiction and explains why we should not blindly advocate the blanket application of extraterritorial jurisdiction. But these dangers do not release us from the responsibility to protect animals in cross-border relations, as this would subject them to economic laissez-faire. The author uses insights from animal studies and postcolonial studies to describe the steps that must be taken to reconcile these conflicting demands. With these safety valves, the author concludes, extraterritorial animal law has the potential to evolve beyond adversity to multiculturalism, into a tool that facilitates cross-cultural sensibility, awareness of shared histories, and the elimination of oppression.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.001.0001
- Subject:
- Law, Public International Law
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of ...
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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.Less
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.
Amy Fitzgerald and Wesley Tourangeau
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781447336013
- eISBN:
- 9781447336051
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447336013.003.0014
- Subject:
- Law, Criminal Law and Criminology
In December of 2016 the Canadian Food Inspection Agency’s proposal to amend the Health of Animals Regulations was made public. Among the changes proposed is a reduction in the maximum amount of time ...
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In December of 2016 the Canadian Food Inspection Agency’s proposal to amend the Health of Animals Regulations was made public. Among the changes proposed is a reduction in the maximum amount of time animals can be transported without food or water. The timing of this proposal coincides with an on-going court case in Ontario that has come to be known as the ‘pig trial’. Anita Krajnc, an animal rights activist with Toronto Pig Save, has been charged with criminal mischief for providing water to pigs on a truck en route to slaughter. This chapter examines the Krajnc case and the newly proposed regulations from a green criminological perspective, and delves into the debate over what constitutes a food crime in the context of livestock transportation.Less
In December of 2016 the Canadian Food Inspection Agency’s proposal to amend the Health of Animals Regulations was made public. Among the changes proposed is a reduction in the maximum amount of time animals can be transported without food or water. The timing of this proposal coincides with an on-going court case in Ontario that has come to be known as the ‘pig trial’. Anita Krajnc, an animal rights activist with Toronto Pig Save, has been charged with criminal mischief for providing water to pigs on a truck en route to slaughter. This chapter examines the Krajnc case and the newly proposed regulations from a green criminological perspective, and delves into the debate over what constitutes a food crime in the context of livestock transportation.
Michael Cardwell
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199242160
- eISBN:
- 9780191697029
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242160.003.0004
- Subject:
- Law, EU Law, Environmental and Energy Law
The year 1999 was introduced by Commissioner Fischler as ‘a year of decisions’. The projected timetable would see agreement on the Agenda 2000 package of reforms by the end of March. This chapter ...
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The year 1999 was introduced by Commissioner Fischler as ‘a year of decisions’. The projected timetable would see agreement on the Agenda 2000 package of reforms by the end of March. This chapter commences with the negotiations leading up to the Berlin Summit and concludes with the Mid-term Review. A key feature of the Berlin Summit was agreement not to permit the fall Agenda 2000 period to elapse before subjecting various aspects of the reform process to review. As indicated, the policy documents and legislation at this stage extend well beyond agriculture as traditionally understood. Accordingly, they encompass, for example, food law (relating to both food quality and food safety), the regulation of genetically modified organisms, and animal welfare law.Less
The year 1999 was introduced by Commissioner Fischler as ‘a year of decisions’. The projected timetable would see agreement on the Agenda 2000 package of reforms by the end of March. This chapter commences with the negotiations leading up to the Berlin Summit and concludes with the Mid-term Review. A key feature of the Berlin Summit was agreement not to permit the fall Agenda 2000 period to elapse before subjecting various aspects of the reform process to review. As indicated, the policy documents and legislation at this stage extend well beyond agriculture as traditionally understood. Accordingly, they encompass, for example, food law (relating to both food quality and food safety), the regulation of genetically modified organisms, and animal welfare law.
T.J. Kasperbauer
- Published in print:
- 2018
- Published Online:
- December 2017
- ISBN:
- 9780190695811
- eISBN:
- 9780190695842
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190695811.003.0007
- Subject:
- Philosophy, Moral Philosophy
This chapter considers the hypothesis that our treatment of animals is best accounted for by an “expanding moral circle.” This hypothesis is examined by looking at changes in attitudes to animals ...
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This chapter considers the hypothesis that our treatment of animals is best accounted for by an “expanding moral circle.” This hypothesis is examined by looking at changes in attitudes to animals historically and across cultures. Different conceptions and formulations of this hypothesis are considered, in order to achieve greater clarity on the potential implications for animals. Evidence is reviewed concerning legal protections for animals, the use of animals for food and laboratory experiments, and public attitudes toward animals. Research on moral foundations theory is used to explain certain obstacles to expanding moral concern for animals. Ultimately the chapter concludes that the expanding moral circle does not satisfactorily explain human moral attitudes to animals.Less
This chapter considers the hypothesis that our treatment of animals is best accounted for by an “expanding moral circle.” This hypothesis is examined by looking at changes in attitudes to animals historically and across cultures. Different conceptions and formulations of this hypothesis are considered, in order to achieve greater clarity on the potential implications for animals. Evidence is reviewed concerning legal protections for animals, the use of animals for food and laboratory experiments, and public attitudes toward animals. Research on moral foundations theory is used to explain certain obstacles to expanding moral concern for animals. Ultimately the chapter concludes that the expanding moral circle does not satisfactorily explain human moral attitudes to animals.
Vinciane Despret
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780816692378
- eISBN:
- 9781452954394
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816692378.003.0010
- Subject:
- Philosophy, General
This chapter explores animals and their capacity for justice, from their trial under courts of law to scientific experiments that suggest operant notions of fairness, mutuality, and a refusal to do ...
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This chapter explores animals and their capacity for justice, from their trial under courts of law to scientific experiments that suggest operant notions of fairness, mutuality, and a refusal to do hurt to another of the same species. Morality and justice in animals, the author notes, resists the burden of proof, although the study of play and its structures of cooperation and regulation offer valuable insights.Less
This chapter explores animals and their capacity for justice, from their trial under courts of law to scientific experiments that suggest operant notions of fairness, mutuality, and a refusal to do hurt to another of the same species. Morality and justice in animals, the author notes, resists the burden of proof, although the study of play and its structures of cooperation and regulation offer valuable insights.
