Animal Law And The Courts

Chapters begin with edited judicial opinions followed by authors analysis. While each chapter reflects distinctive views of specific animal law controversies, each is infused with hallmark characteristics of animal law. These characteristics include the status of animals as the legal property of humans, the limitations of current state and federal laws, and the relationship of cultural attitudes and practices concerning animals to the legal structures that inhibit attempts to protect animals from human sources of suffering.

This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.

For much of our history, legal scholars focused predominantly on the law’s implications for human beings, while ignoring how the law influences animal welfare. Since the 1970s, however, there has been a steep increase in animal advocates’ use of the courts. Animal law has blossomed into a vibrant academic discipline, with a rich literature that examines how the law affects animal welfare and the ability of humans to advocate on behalf of nonhuman animals. But most animal law literature tends to be doctrinally-based or normative. There has been little empirical study of the outcomes of animal law cases and there has been very little attention paid to the political influences of these outcomes. This book fills the gap in animal law literature. This is the first empirically-based analysis of animal law that emphasizes the political forces that shape animal law outcomes.

Sonia S. Waisman is an Adjunct Professor of Law, California Western School of Law, Of Counsel, Morrison & Foerster, LLP.

Early modern princely courts were not only inhabited by humans, but also by a large number of animals. This coexistence of non-human living beings had crucial impacts on the spatial organization, the social composition and cultural life at these courts. The contributions enrich our knowledge on another aspect of court life and invite to reconsider our basic understandings of court, courtiers and court society.

This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.

Animal Law: Welfare Interests & Rights, Third Edition, by David Favre, exposes the student to the wide scope of legal and ethical issues surrounding animal law in our society. It contains a mix of cases and essay materials for a number of animal issues in the context of state police power, constitutional law, and traditional common law. A primary focus is the property status of animals in the civil and criminal law, the expanding visibility of dogs in our legal system, and the most recent attempts to seek legal rights for animals. New to the Third Edition: The introduction provides more focused materials on the fundamental concepts, such as pain and suffering, that are needed for the entire course. The chapter on damages is rewritten with new organization and updated cases. The chapter on legal rights for animals is significantly enhanced with the most recent cases. In all chapters, references are updated. Professors and students will benefit from: Clear consideration of the history of anti-cruelty criminal laws and the difficulties of using the criminal law to help animals. The key phrase of “unnecessary pain and suffering” is considered in detail. A clear articulation of the enhanced status of companion animals, within the ever-changing state laws of our country. A review of the significant limitations of the federal Animal Welfare Act. An explanation of the power of the state to pass laws regulating companions, laws dealing with breed specific bans, and dangerous dog laws. An in-depth consideration of the status of companion animals both as property and as beings with legal rights in some circumstances. Significant editing of all cases.

For law professors looking for new tools to help explain core legal concepts, this book provides a fresh perspective on teaching such courses as Property, Contracts, Torts, Constitutional Law, Criminal Law, Remedies, Environmental Law and Wills & Trusts. Due to the ubiquitous presence and use of animals in our society, animal law overlaps with these and other areas of law. The lessons we learn from these intersecting spheres of law are important and can help us reframe our understanding of individual substantive areas. For example, a person who owns a domesticated mouse cannot legally poison or cruelly kill the mouse, whereas it is standard practice -- and legal -- to trap, kill, or poison mice who come into our homes and are considered pests. If the behavior is the same, and the legal consequence is different, one may question whether the contextual differences support that outcome. Moreover, animals are legally classified as property. However, scientifically, animals are classified as living beings with certain capacities. While the law generally fails to explicitly distinguish between living beings (non-human animals) and inanimate objects, the dissonance between the scientific and legal realities creates anomalies within the law, which are surfacing with increasing frequency. The property classification of animals, in particular, results in inconsistent legal outcomes. Analyzing animal law cases within traditional areas of law encourages critical thinking and questioning of the function of certain legal constructs, sharpens our legal analysis and tests the law''s ability to respond to changing realities. Individual topics are available as ebooks. Each individual subject area ebook begins with the front matter for the entire book, including the "General Overview." If you teach a related course, and want to consider a subject area ebook for adoption (for example, the property chapter in a property course), contact [email protected]. If approved, we will send access to the requested ebook chapter: CONSTITUTIONAL LAW CHAPTER on RedShelf Including animal law cases creates a fresh lens through which to explore core constitutional law concepts, such as standing. For example, students can be asked to examine how and what sort of plaintiff would be able to allege standing to sue when the victim of an injury is a factory farmed, research or zoo animal, providing students with an opportunity to think creatively about the application and development of key constitutional law principles in a context that is increasingly relevant in our society, but which may be new to many students. CONTRACT LAW CHAPTER on RedShelf Studying cases that involve sentient living beings enables students to think more deeply about the role of contracts in American society. Issues raised by animal law cases include: whether the legal system adequately addresses the interests of animals in contracts in which they are the subject matter; and, whether, in a contract dispute, the animal(s) can or should be considered an "interested party." More specifically, this chapter includes issues relating to leases, condominium bylaws and custody disputes, to name a few, where companion animals are at the heart of the dispute (both literally and figuratively). CRIMINAL LAW CHAPTER on RedShelf Incorporating animal law cases within a criminal law course will help students understand how the law develops in response to new information and evolving social consensus about what constitutes cruelty and which species are protected. In the past three decades, criminal anti-cruelty laws have been strengthened in all fifty states. Students will learn how this plays out in prosecutions, convictions and sentencing. As just one example, students will be exposed to the sorts of questions prosecutors and judges have to consider concerning the pre-trial forfeiture of evidence when that evidence is a live animal who cannot be humanely "stored" in an evidence room. ENVIRONMENTAL LAW CHAPTER on RedShelf Bringing animal law concepts into an environmental law class allows students to address structural change to legal principles in an explicit and rigorous manner. One example addresses concentrated animal feeding operations (CAFOs), which not only confine animals in substandard conditions, but also have deleterious effects on the environment (air, water and soil). Students will also learn about the Endangered Species Act and many other federal laws that impact individual animals as well as species. PROPERTY LAW CHAPTER on RedShelf Animal Law poses a fundamental question: How is the legal analysis of property law affected when the interests of sentient (but non-human) beings are considered? Because our legal system treats animals as property in some cases, and as quasi-property beings in other cases, judges and legislatures are creating new rules to balance existing law with a growing recognition of the special character of living forms of property. This chapter also considers the core question of whether animals should be removed from the property status. Reviewing animal law cases will encourage students to think critically and question the function of certain legal constructs that, in many respects, have not been rigorously challenged for more than a century. TORT LAW CHAPTER on RedShelf American society is undergoing a significant change in the treatment of animals, particularly the animals who live with human beings and are increasingly considered to be family members. Adding animal law concepts to a torts course engages students in analyzing how the legal system responds to changing societal values, and allows them to more clearly see bridges between legal fields. In particular, the valuation and measure of damages in tort cases, where the injured or killed victim is a beloved companion animal, is the focus in a growing number of cases throughout the country, as is the question of which tort causes of actions may be available to plaintiffs in this circumstance. Tort law involving animals, especially in cases of harm to companion animals, offers students a firsthand look at how courts approach their role in keeping the common law up-to-date with changing societal views and their rationales for doing so, or for holding firm to past precedents and deferring to state legislatures for such change. While this balancing may come up in various contexts within tort law, it is especially central to tort cases involving harms done to animals. WILLS and TRUSTS LAW CHAPTER on RedShelf Practitioners of wills, trusts and probate law increasingly encounter animal owners who wish to provide for the care of their animals at their incapacity or death. Adding animal law cases to the course syllabus offers a fresh and engaging way for students to approach core legal concepts, as well as the opportunity to think creatively about the application and development of estate planning and probate law. For example, students might have to grapple with a case in which the testator tried to create an estate plan to provide lifetime care for her five beloved dogs, but family members challenged her will in order to gain access to the residue, without having to wait for the last dog to die of natural causes; or cases where courts have to determine whether to interject their own view of what constitutes a reasonable amount of money to leave for the care of the decedent''s companion animals, even if it conflicts with the testator''s expressed intent.