By Gary L. Francione
"Pain is discomfort, without reference to the race, intercourse, or species of the victim', states William Kunstler in his foreword. This ethical situation for the affliction of animals and their felony prestige is the foundation for Gary L. Francione's profound e-book, which asks, Why has the legislations did not defend animals from exploitation? Francione argues that the present criminal common of animal welfare doesn't and can't determine fights for animals. so long as they're considered as estate, animals may be topic to discomfort for the social and monetary advantage of people. Exploring each part of this heated factor, Francione discusses the historical past of the therapy of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and particular circumstances similar to the debatable harm of anaesthetized baboons on the college of Pennsylvania. He completely files the paradoxical hole among our professed main issue with humane therapy of animals and the overriding perform of abuse authorized by means of U.S. legislations. writer be aware: Gary L. Francione is Professor of legislation and Nicholas de B. Katzenbach pupil of legislations at Rutgers collage legislations college, Newark. he's additionally Co-director of the Rutgers Animal Rights legislations heart.
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Extra resources for Animals, Property & The Law
A legal system that relies primarily on laws requiring “humane” treatment or prohibiting “unnecessary” suffering simply cannot protect beings that are, as a matter of law, regarded as the personal property of their owners. 8 First, in New Jersey Society for the Prevention of Cruelty to Animals v. Board of Education,9 a local humane society sought to recover penalties against a school board when a high school student was permitted to induce cancer in live chickens. 11 There was no claim that the experiment was one for which there was any medical need.
The attraction consisted of a specially trained chicken who lived in a small coop that was ﬁtted into a vending machine. When a customer dropped ﬁfty cents into the machine, the chicken, called Willy by his owner, would play tic-tac-toe with the customer—and would almost always win. Willy had spent all of his life—two years—living in the machine. His predecessor spent eight years in the coop, and other performing chickens have been in the Chinatown games arcade since the 1960s. ” The coop was located “next to the rows of noisy electronic zappers and death rays,” not far from another chicken, whose name was not reported by the Times, and who amused patrons by dancing rather than playing tic-tac-toe.
There are, of course, many laws on the federal and state levels that purport to protect animals from “inhumane” treatment, but these laws do not really confer rights in the sense that we 17 18 THE STATUS OF ANIMALS AS PROPERTY usually use that term. Indeed, the vast majority of these laws do not even prohibit certain types of conduct that adversely affects animals. To the extent that the law does contain any types of prohibitions, such as the illegality of dogﬁghting or cockﬁghting, these prohibitions are usually more concerned with class issues or other moral issues than with animal protection.
Animals, Property & The Law by Gary L. Francione