Legislation and Incentives Flashcards
A law of set of laws suggested by a government and made official by a parliament
Legislation
A rule established in the community by authority or custom; a body of such rules
Law
The rule or group of rules relevant to a particular topic
Legislation
A specific law passed by a legislative body
Statue
An act contrary to the law
Offence
A person accused of an offense in a court of law
Defendant
A person or body bringing an action in a court of law
Plaintiff
Apply only to the relevant state where they are passed. This can lead to problems with uniformity throughout the country if state laws differ.
State laws
Are laws which apply across the country. These are good, as they set one standard but in diverse countries they can be hard to enact and change as all the individual states/local governments may need to reach agreement to change the law
Federal Laws
Are local laws which are created and enforced locally. The presice size of the location they affect will depend on the structure of that country’s administration.
By-Laws
These have limited effect due to their geographical boundaries, but are usually much easier to enact due to the fact that agreement from fewer stakeholders is required
By-laws
This means the initial document outlining the law
Primary Legislation
Used to created federal or state laws. This tend to be developed following repeated debates in the national legislative body.
Primary Legislation
Gives more detailed provisions about the subject than those contained within primary legislation.
Secondary Legislation
May be a secondary legislation, but this will depend on the terminology used in that country
Regulations
are guidelines written specifically for those who need to comply with the legislation.
Guidance and documents and codes of practice
is good for that particular animal, the legislation may not specifically
state anything relating to the animal’s welfare. A ‘do not kill’ statement does not need to acknowledge the sentience of that animal.
Protecting species
traditionally, laws about animals
have been prohibitive – they decree what you must not do. Banning specific actions involving animals such as fighting (e.g. dog-fighting, bull-fighting,
etc.), fox hunting, using animals in circuses, etc. These are usually positive for animal welfare.
Banning Activities
will prevent or punish
the occurrence of certain acts (hitting, kicking, burning, etc.) and the action usually has to cause the animal ‘unnecessary suffering’ for it to be an offence
Prohibiting cruelty
setting standards while farming for meat or fur, etc. These are usually
minimum standards that prohibit the very worst conditions which are deemed by many to permit cruelty
Controlling methods of production
these laws tend to be prescriptive
(i.e. state what a person must do) and so require positive action for the particular animal, usually specifying minimum
standards of care.
Improving animal welfare
this is an example where the inclusion
of animals in legislation can actually be detrimental to animal welfare.
Improving public health
some laws are passed regarding
animal health in order to prevent the spread of diseases.
Improving animal health
Legislation may not be effective……
IF ANIMALS ARE CLASSED AS PROPERTY IN THE LAW
WHY LEGISLATION MAY NOT BE EFFECTIVE?
•Legal status of animals as property
•Sentience may not recognised
•Strict liability offence or intent needed
•Exemptions: religion and culture
•Accepted practice
•Wording
•Lack of enforcement
Knowing the potential difficulties with animal welfare law
A model welfare law
Other ways to improve animal welfare
Public Education and Government fund research
There should be sufficient penalties in place in line with other similar offences in the country
ADEQUATE CONSEQUENCES OF A MODEL LAW
public and some other specialist interest groups understand the issues and may be more willing to support future legislation or higher prices to ensure animals are
protected.
Public education
is important in the long term, to
address questions of science, willingness to pay, etc., so that policy reflects the local situations and animals’ needs.
Government-funded research
Authority to remove animals during legal proceedings.
Animal Seizure power
Classification of legislation as primary or secondary.
Legal Status
Treaties governing trade and animal welfare standards.
International Agreements
Authority responsible for creating and passing laws.
Legislative Body
National laws governing animal welfare practices.
Domestic Legislation
Intentional action to cause harm to animals.
Deliberate Intent
Guilt established without proving intent.
Strict Liability Offence
Alterations in legislation affecting original meaning.
Wording Compromises
International body regulating trade agreements.
World Trade Organization (WTO)
Legal term for ‘guilty mind’ or intent.
Mens Rea
