module 5 Flashcards
A law or set of laws suggested by a government and made official by a
parliament
legislation
Protecting animals to benefit people vs. protecting animals for the sake of their mental and physical needs
Differing opinions and interpretations of science and ethics can lead to different laws around the world
ethics and the law
a rule established in the community by authority or custom; a body of such rules
a law
the rule or group of rules relevant to a particular topic
legislation
a specific law passed by a legislative body
statute
an act contrary to the law
offence
a person accused of an offence 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.
state laws
are laws which apply across the country.
federal laws
are local laws which are created and enforced locally.
by-laws
means the initial document outlining
the law.
primary legislation
gives more detailed provisions about
the subject than those contained within the primary legislation.
secondary legislation
may be 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 documents and codes of practice
is good for that particular animal, the legislation may not specifically state anything relating to the animal’s welfare.
protecting species
traditionally, laws about animals
have been prohibitive – they decree what you must not do.
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
for example, 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
Compromises in _____ altering the original meaning and intention
wording
Responsibility for enforcement spread between different government departments
lack of enforcement
so that the 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
HERE A PERSON CAN BE FOUND GUILTY OF AN OFFENCE WITHOUT THE NECESSARY ‘GUILTY MIND’ (KNOWN AS MENS REA), SO COMMITTING THE ACT AMOUNTS TO A CRIME, REGARDLESS OF INTENTION.
STRICT LIABILITY OFFENCES
