Animal Cruelty Laws Flashcards
What is the Definition of Animal Law?
The combination of statutory and case law that relates to or has an impact on non-human animals
What are examples of Environmental Law?
-Factory farming
-Environmental Pollution
-Climate Change
-Fishing
-Wildlife
What are examples of Constitutional Law?
-Civil liberties
-Animal advocacy
-Ag-Gag laws
What is the definition of Women’s Law?
The link between domestic violence and animal cruelty
What is the Human Rights/Immigration Law?
Worker safety and human rights abuses on fishing boats, farms, and slaughterhouses
Common Example: Meat packing facilities
What are examples of Criminal Law?
-Police shootings of dogs
-Link between animal abuse and violence towards humans and other crimes
What is International Law?
Wildlife poaching and trafficking “trophy hunting”
Example: horns, animal skins, etc.
What is Trust Law?
Enforceable for trusts with companion animals
What is Tort Law?
Veterinary malpractice; damages for wrongful death/injury to a companion animal
What is Family Law?
Animal custody disputes (involving the animals) in divorces and separations
What is the Landlord and Tenant Law?
Housing disputes involving “no pets” policies and discrimination laws
What is the Consumer Protection Law?
Food safety; labeling (cage free, free range) false advertising
What is Entertainment Law?
Captive wild animals (in zoos, aquariums, circuses, and movies)
What did the RSPCA do?
Formed the world’s first animal welfare charity
What did the New York Law of 1829 do?
Protected owners of animals (animals as private property)
Early animal welfare laws vary along 3 dimensions:
- The # of animals included
- The actions (inactions) of the human that are made illegal
- The extent of the punishment that might be imposed
How did Jeremy Bentham influence Western society’s ideas about animal cruelty?
-Considered the 1st Western philosopher
-Influenced Western society’s ideas about animal welfare laws in his book: Introduction to the Principles of Morals and Legislation
-Argued that animals should be protected under the law
-Argued that all animals deserve equal moral consideration and pointless animal cruelty should be avoided
-His concerns lead to the creation of the 1st animal protection groups
How did Henry Bergh influence Western society’s ideas about animal cruelty?
-Witnessed acts of cruelty upon animals during his trip to Europe
-Although did not see any personal use for animals, he recognized that all should be equally protected
-High economic status and power enabled him access to important people; listened to him
-Influenced the passage of the NY animal welfare legislation in 1866
-Founded the ASPCA which is designed to prevent cruelty to animals throughout the U.S.
What happened after the passage of the 1867 Act in New York?
-Was applied regardless of the ownership status of the animal
-Reflected ethical concern for the animals themselves
-Law was expanded to the protection of “all living creatures”
-Provided EXEMPTIONS for properly conducted scientific experiments
-Became illegal to transport any creature in a “cruel or inhuman manner”
Federal Animal Welfare Act
The primary federal animal protection law
Mainly involves animals used for entertainment!
What is the 28 Hour Law?
Requires vehicles transporting certain animals for slaughter to stop every 28 HOURS to allow the animals exercise, food, and water for 5 hours
this law is a bunch of bullshit because it can’t be properly regulated
What is the Humane Methods of Slaughter Act?
Requires that animals be STUNNED into unconsciousness before slaughter to minimize pain
What is the Endangered Species Act?
-A FEDERAL LAW!
-Protects, fish, mammals, birds, and plants listed as threatened/endangered in the U.S.
WILL BE ON EXAM
What is a Victim of a Crime vs Crime Victim?
Victim of Crime:
Applies to anyone who has been harmed by SOMEONE ELSE’S criminal act
Example: damage/loss of an animal
Crime Victim:
A legally meaningful category which ensures victims are acknowledged and respected
Mens Rea
The degree of crime which is determined by the intent
