A survey of animal law; are animals ‘things’?

Kathleen Stachowski   Other Nations

url“In this age, in this country, public sentiment is everything. With it, nothing can fail; against it, nothing can succeed. Whoever molds public sentiment goes deeper than he who enacts statutes, or pronounces judicial decisions.”
~Abraham Lincoln

Two items of possible interest to readers of this blog:

Excerpt: “As the role of animals in society and the economy has evolved, and more recently, as scientific research has revealed more about animals’ cognitive abilities and social development, public sensibility has changed dramatically, often leaving outmoded law behind. As a result, lawyers worldwide have begun searching for innovative ways to make animals more visible to the law: strengthening and enacting new anti-cruelty statutes, improving basic protections, and, in some more radical cases, challenging animals’ property status itself in an effort to grant them fundamental rights.”  Continue reading

Call for Papers: The Ethics of Eating Animals

David Cassuto

This call for papers comes from my new homies at the Oxford Centre for Animal Ethics:

The Ethics of Eating Animals

24-27 July 2016 at St Stephen’s House, Oxford

The Summer School is being organised by the Oxford Centre for Animal Ethics in partnership with the French animal society, One Voice. 

Papers are invited in English and French from academics world-wide on any aspect relating to the ethics of eating animals, including philosophical and religious ethics, historical, legal, psychological, scientific, and sociological perspectives. Potential topics include the morality of killing, the suffering of animals in food production, the portrayal of animals as meat, meat eating and climate change, the environmental impact of industrial farming, the utilisation of meat substitutes, in vitro meat and strategies for change.
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NYS Bar Association Animal Law Writing Competition

David Cassuto

Attention Law Students:

ANNOUNCEMENT OF THE 2014 NEW YORK STATE BAR ASSOCIATION COMMITTEE ON ANIMALS AND THE LAW STUDENT WRITING COMPETITION

The Committee on Animals and the Law of the New York State Bar Association is very pleased to announce the Seventh Annual Student Writing Competition.  The deadline for submission is July 1, 2015.

The Committee on Animals and the Law was established to provide information resources for the New York State Bar Association’s members and the public about non-human, animal related humane issues, which arise from and have an effect upon our legal system.  This competition seeks to foster legal scholarship among law students in the area of animals and the law.  This competition provides law students with an incentive and opportunity to learn more about this area of law.

Law students (which include J.D., L.L.M. Ph. D., and S.J.D. candidates) are invited to submit to the Committee on Animals and the Law an article concerning any area of Animal Law.  All submissions will be reviewed by a panel of attorneys and other professionals practicing or otherwise involved in animal law.  The winner will be chosen in accordance with the attached rules.  The first place winner will receive $1,000. and a certificate of achievement.  The second place winner will receive $500. and a certificate of achievement.

Pace Environmental Law Review Special Issue on Animal Law

David Cassuto

I am delighted to announce that The Pace Environmental Law Review has published an issue dedicated exclusively to animal law.  It is the first Environmental Law Review to do so and its publication marks a tremendous step forward for both disciplines.  The articles are available for download via Digital Commons.  The Table of Contents is below.   Continue reading

Global Animal Law Conference in Barcelona, Spain

David Cassuto

Pardon the partial self-interest, but the below-mentioned conference (at which I will be speaking) has all the makings of a faboo event.  I spoke at the First Global Animal Law Conference back in 2002 (I believe) and it was great.  The field has grown enormously in the intervening decade and this conference reflects that growth.

The 2nd Global Animal Law Conference will be held in Barcelona, Spain on July 10-11, 2014. Our goal is to bring together some the best legal minds from around the world to discuss the many and varied animal law issues and challenges that so many of us face.

Over the two-day Conference we expect to have more than 25 speakers from over 15 countries, most of whom are internationally known law professors who have taught and written on animal issues. The Conference is limited to 180 attendees, and will be conducted entirely in in English. 

The history of the 1st Global Conference, ten years ago, suggests that this will be an important event for all attendees who seek to expand their own network of personal connections, develop global strategies to improve animal welfare and increase their understanding of our diverse cultures and legal systems around the world. Continue reading

Animallaw.com: Research Tool for Animal Lawyers, Students and Advocates

By: A. Rivard, J.D. candidate, Pace Law School

Animallaw.com

 What is Animallaw.com?

Animallaw.com is a comprehensive, free website that serves as a resource and clearinghouse for information on animals and the law. The website is available for the benefit of attorneys, law students, engaged constituents and all other animal advocates. Animallaw.com is entirely funded by the National Anti-Vivisection Society and sponsored by The International Institute for Animal Law (IIAL), a not-for-profit organization comprised of internationally renowned attorneys and judges. IIAL provides animal law programs, workshops, online resources such as Animallaw.com and offers grants as well. A disclaimer can be found on IIAL’s site, which states that it is neither licensed to practice animal law nor give legal advice. Rather, the mission of IIAL is to encourage, at the international level, the development of legal scholarship and advocacy skills on behalf of animals and as a result enhance the development of animal protection laws.

Is there Bias?

The International Institute for Animal Law, along with many animal advocates including animal law attorneys Continue reading

A Response to Jeff and Joe Regarding Our Primary Right

by Carter Dillard

Sincere thanks to Jeff and Joe for their biting critique of the idea of a primary human right that guarantees humans access to wilderness and complete biodiversity. This response, which is geared for the audience of the blog generally, will divide their critique into eight points and respond to each (taking their points a bit out of order), before drawing back to the theme of this blog in order to explain why the right not only survives their appraisal, but can simultaneously satisfy environmental, human, and animal interests.

1. Primary in what sense, and based on what evidence?

Jeff raises a challenge to the idea of a primary right by arguing that the term implies universal acceptance. Because, Jeff argues, many people will reject the value of being alone in the wilderness the right cannot be universal and therefore fails. First, it’s not clear to me that the Tembé would not recognize something like a right to wilderness or the nonhuman, given their historic struggle to preserve the rainforest around them. Second, as Joe notes, whether the Tembé actually recognize the right and underlying value or not does not defeat the right, any more than Hutu leaders’ failure to recognize the universal right of all peoples to be free from genocide, and the GOP’s recent refusal to recognize universal rights for the disabled that trump parental authority, prove that those rights are wrong. As discussed below, this is in part because claiming a right is like saying “you ought to do this,” which cannot be proven wrong with the response “we don’t/won’t do that” (this is simply the difference between an “ought” and an “is”). The responding party might not do the thing or want to do the thing, but perhaps they still ought to. The universality of particular rights derives not from universal acceptance, but from logical arguments that deduce the particular rights from things all humans – because of certain social and biological shared characteristics – will value, whether they admit it or not, see e.g. the Universal Declaration of Human Rights (UDHR).

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