Anti-Cruelty: Related Articles

Authorsort descending Article Name Summary
ANIMAL WELFARE LAW IN CANADA AND EUROPE The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize the animal welfare provisions of the Canadian Criminal Code. Comparisons are drawn with European animal welfare and cruelty laws, which tend to be more concerned with an animal's welfare than Canadian laws, which tend to be more concerned with the economic interests of humans.
Stephanie Abbott Prevention of Cruelty to Animals Act 1979 (NSW): A Summary

This paper is intended to serve as a summary of the main provisions in the Prevention of Cruelty to Animals Act 1979 (POCTAA), which is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Austrailia. Attempts have been made to offer critical analysis, and suggestions for reform, where possible. This paper is not intended to be an exhaustive summary of the POCTAA. Rather, it is a work in progress.

Michelle K. Albrecht GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected by science.
Animal Rescue League Reporting Animal Cruelty The Reporting Animal Cruelty: The Role of the Veterinarian manual for Massachusetts is possible due to the collaborative efforts of Animal Folks, the Animal Rescue League of Boston, and the Cummings School of Veterinary Medicine at Tufts University, with funding by these organizations and the American Society for the Prevention of Cruelty to Animals (ASPCA). The purpose of this manual is to provide explanations of law and supporting materials so, as a veterinarian, you can develop protocols for your clinic or practice which can guide your actions should you or others face a suspected or known case of animal neglect, cruelty, or abuse. In addition to establishing protocols, information within the manual can also be used by veterinarians when assisting law enforcement in the investigation of animal cruelty cases. This manual is slanted more to smaller companion animals, though many of the principles and procedures described are applicable to horses, farmed animals, exotic animals, and wildlife.
Lydia S. Antoncic How Troubling Youth Trends and a Call for Character Education are Breathing New Life into Efforts to Educate Our Youth About the Value of All Life

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. If a society succeeds in this, that society is about to perish. The obligation of anyone who thinks of himself as responsible is to examine society and try to change it and to fight it—at no matter what risk. This is the only hope society has. This is the only way societies change.

Fernando ARAÚJO The Recent Development of Portuguese Law in the Field of Animal Rights

Portugal has had a long and bloody tradition of violence against animals, not the least of which includes Spanish-style bullfighting that has shown itself to be quite resistant to legal, cultural, and social reforms that would respect the right of animals to be free from suffering. While Portugal’s evolution towards respecting animal rights and welfare has been a slow and painful process, Portugal has nevertheless made some remarkable strides towards eradicating the suffering of animals, most notably with the passage of the Law of 1995. Portuguese scholars and activists have been instrumental in forcing the Portuguese government and citizenry to come to terms with the inhumane treatment of animals.

Addie P. Asay Greyhounds: Racing to Their Deaths

Following the introduction, Part II considers the history of the greyhound and the path that led to greyhound racing. Part III discusses the abuse inflicted on greyhounds, and animals used in their training, that has been prosecuted under anti-cruelty statutes. Part IV considers the institutionalized abuse and mistreatment of greyhounds not punished under anti-cruelty statutes. Part V attempts to discover why anti-cruelty statutes have not protected greyhounds adequately. Part VI counters the argument that, because the racing industry is in economic decline, the market should be left to deal with the problem, while Part VII asserts that the most effective way to protect greyhounds is to abolish greyhound racing through a voter-initiative-and- education campaign, which would focus on the abuses experienced by the greyhounds and the costs--moral, physical, and economic--to society because of greyhound racing.

ASPCA ASPCA Annual Reports 1889 & 1904

The ASPCA Published Annual reports with considerable detail about the years events, particular enforcement actions, and reports about cruelty issues.

Voiceless Australia Voiceless Animal Law Toolkit - Second Edition In 2009, Voiceless prepared the first edition of The Animal Law Toolkit to introduce students, academics, practitioners, law firms and animal advocates to key issues in animal law. As its name suggests, that Toolkit was intended to provide the tools needed to better protect the billions of animals left with inadequate protections under our current legal framework. This second edition of The Animal Law Toolkit provides an overview of the evolving animal law landscape over the last six years, including a snapshot of emerging animal law issues, summaries of new animal law cases (both in Australia and abroad), as well as new resources and materials for students, teachers and practitioners.
Alan T Bates Introduction to the Offences of Cruelty to Domestic and Captive Animals

Introduction to the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.

Alan Bates Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.)

Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.

Alan Bates Detailed Discussion of the Offences of Cruelty to Domestic and Captive Animals (U.K.)

Detailed discussion of the offences of cruelty to domestic and captive animals. These offences are contained in section 1(1) of the Protection of Animals Act 1911 and section 1 of the Abandonment of Animals Act 1960.

Alan Bates Overview of the Licensing and Regulation of Pet Shops (U.K.)

This document provides an overview of the UK's Pet Animals Act 1951. The Act establishes a regulatory regime for "pet shops" under which local authorities (district and borough councils) are responsible for inspecting and licensing premises.

Alan T. Bates Overview of the Offences of Cruelty to Domestic and Captive Animals

Overview of the offences of cruelty to domestic and captive animals in England and Wales. These offences are contained in the Protection of Animals Act 1911 and the Abandonment of Animals Act 1960. Similar legislation applies in Scotland.

Annie Belanger Canadian Animal Law

This article sets out for the reader how to research the full variety of animal issues for the Canadian legal system, with a focus on Ontario.

Tarun Bishop Detailed Discussion of Cross-Reporting Laws

I. Introduction

Envision the following: You have been hired to work as a Child Protective Services (CPS) employee. You receive a tip of suspected child abuse at a house, and you obtain permission to investigate. You knock on the door. A dog barks; you hear someone screaming “NO!!

Tarun Bishop Brief Summary of Cross-Reporting Laws

Over the years, there has been increasing public awareness of issues surrounding animal cruelty, child abuse, and interconnectedness of these issues. This awareness has led to increased discussion of "The Link": correlation between human-on-animal violence and human-on-human violence.

Tarun Bishop Overview of Cross-Reporting Laws for Child Abuse and Animal Abuse This overview discusses the link between animal and human violence and examines laws that mandate or permit cross-reporting of suspected abuse.
Patricia A. Bolen Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership

This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party.

Sabine Brels Animal Welfare Protection at European level This is an index of the European Union's Animal Welfare laws.
Sabine Brels Animal welfare protection laws in the world This is a index of laws around the world relating to animal welfare.
Amy Breyer ASSET FORFEITURE AND ANIMAL CRUELTY: MAKING ONE OF THE MOST POWERFUL TOOLS IN THE LAW WORK FOR THE MOST POWERLESS Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to advocate for themselves. While this has long worked to their disadvantage, developments in an area of jurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering suggestions on how to combine these two areas of law in an effort to better protect animals from abuse.
Kirsten E. Brimer Justice for Dusty: Implementing Mandatory Minimum Sentences for Animal Abusers

This Comment discusses the problem with the current punishments for animal abuse violations and analyzes why states should adopt statutes that require mandatory minimums in animal brutality convictions. Part II focuses on the psychological problems associated with animal cruelty, including the relationship between animal cruelty and violence toward humans. Part III examines the structure of current animal abuse legislation. Part IV concentrates on the advantages of applying mandatory minimum sentences to the anticruelty provisions of animal abuse statutes.

Amy L. Broughton Cropping and Docking: A Discussion of the Controversy and the Role of Law in Preventing Unnecessary Cosmetic Surgery on Dogs

This article describes the procedures of tail docking and ear cropping, the history of the procedures, their place in modern veterinary care, and discuss the positions of advocates both for, and against these procedures. Additionally, this article explains the ways in which the law is being used internationally in preventing these unnecessary procedures, and the ways that current and future American anti-cruelty laws can be used to put a stop to this epidemic.

J. Alexandra Bruce STEVENS, R.A.V., AND ANIMAL CRUELTY SPEECH: WHY CONGRESS'S NEW STATUTE REMAINS CONSTITUTIONALLY PROBLEMATIC Abstract: The constitutionality of restrictions on speech depicting actual cruelty to animals is a question that continues to divide courts and commentators. In U.S. v. Stevens, the Supreme Court struck down a 1999 ban on depictions of animal cruelty. The Court invalidated the ban on its face because, as written, the statute extended beyond acts of actual animal cruelty to other forms of unlawful animal harm, such as hunting out of season. Thus, the Court did not resolve the core question presented.

Congress responded by drafting a new statute, one narrowed to “crush” videos--obscene depictions of animal cruelty--in an effort to avoid constitutional problems. This new statute, however, continues to raise constitutional and public policy concerns--despite its recent upholding in the Fifth Circuit in United States v. Richards.

This article is the first to analyze the constitutional and public policy issues presented by Congress's new animal cruelty speech regulation. This article contends that the modified statute is poor public policy and remains constitutionally problematic. First, as a policy matter, the statute is ineffective because it fails to criminalize the most widespread and troubling form of animal cruelty speech: animal fighting videos. Second, the statute's overly narrow reach--limited to obscene depictions of animal cruelty--in fact increases its constitutional problems by triggering the “virulence” doctrine first articulated in R.A.V. Since courts are unlikely to view obscene depictions of animal cruelty as virulently “prurient” obscenity, as opposed to the kind of “morbidly” violent speech entitled to the protections of strict scrutiny as established in Brown, the statute will likely be invalidated.

The article concludes with an exploration of possible new legislation, which could effectively prevent animal cruelty, while also preserving free speech rights.
Oriol Caudevilla Parellada Project on American Animal Welfare Legislation (Spain)

This paper examines US animal welfare legislation as viewed from a student in Spain. The paper concludes that while the US has some of the most progressive legislation, there are still topics that need to be addressed.

CENTRO DE ÉTICA E DIREITO DOS ANIMAIS PROTECÇÃO DOS ANIMAIS NA CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA

Considerando a actual Constituição da República Portuguesa, de acordo com a última Revisão Constitucional, feita em 2001, propõe-se a introdução da seguinte disposição na Constituição, devendo a mesma ser incluída na

Deborah J. Challener Protecting Cats and Dogs in Order to Protect Humans: Making the Case for a Felony Companion Animal Statute in Mississippi

This Article proceeds in several parts. Part II discusses the reasons behind the enactment of both early and modern animal cruelty statutes, and part III identifies the common features of modern animal cruelty laws. Part IV details Mississippi's animal cruelty statutes and compares them to typical modern cruelty laws. Part V describes the provisions of Senate Bill No. 2623 in detail and explains why the Mississippi Farm Bureau Federation and others opposed Senate Bill No. 2623. Part VI argues that the objections to Senate Bill No. 2623 were frivolous and makes the case for a felony companion animal statute in Mississippi. Finally, part VII contends that a bill modeled on Senate Bill No. 2623 should be introduced during the 2011 legislative session and passed by the Mississippi legislature.

Steve Ann Chambers ANIMAL CRUELTY LEGISLATION: THE PASADO LAW AND ITS LEGACY This article was adapted from remarks from Steve Chambers at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.
Chartered Institute of Environmental Health Chartered Institute of Environmental Health Guidance on the Interpretation of the Pet Animals Act 1951

Guidance to local authorities from the Chartered Institute of Environmental Health on the interpretation of the Pet Animals Act 1951 and, in particular, the legality of temporary pet fairs

Luis E. Chiesa Why is it a Crime to Stomp on a Goldfish -- Harm, Victimhood and the Structure of Anti-Cruelty Offenses

Part I provides a brief recount of the history of Anglo-American statutes prohibiting harm to animals. In Part II, the notions of victimhood, consent and harm are explored in order to lay the groundwork for the claims that will be put forth in the remainder of the article. Part III examines five different theories advanced to explain the interest society seeks to promote by punishing acts that are harmful to animals. Part IV explains why it is not necessarily the case, as some animal law scholars have argued, that because animal cruelty statutes allow for the infliction of harm to animals as a result of hunting, scientific activities and farming, the interest primarily sought to be protected by these laws is something other than the protection of animals.

CITES Ad Hoc Forum for the Convention for the Protection of Animals Statement of Need for the Convention for the Protection of Animals

This paper is a quick summary of why there is a need for an international convention for the protection of animals.

Phyllis Coleman Man['s Best Friend] Does Not Live By Bread Alone: Imposing a Duty to Provide Veterinary Care

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit obligation to provide health care to companion animals, imposes a duty on veterinarians to report cruelty, and establishes strict penalties for violations.

Alice Collinson Overview of UK Animal Protection Legislation This article provides an overview of animal cruelty offences and positive legal duties to promote animal welfare in the UK. These provisions are found in the Animal Welfare Act 2006 applicable to England and Wales, and in corresponding legislation in Scotland and Northern Ireland. Prohibited offences include "unnecessary suffering," mutilation, docking of dogs' tails, administration of poisons and animal fighting.'
Maneesha Deckha The Salience of Species Difference For Feminist Theory

The article begins in Part I of by examining species difference as a social construction similar to race, gender and other identity and hierarchy markers historically understood as biological. In Part II, while not claiming identicalness in the trajectories of different oppressions, the author discusses how the discursive construction of species difference bears a close resemblance to that of gender and race narratives. The article concludes by calling upon our affective responses to imagine animals as possible candidates for personhood and rights, and, further, to question why being human should be a qualification for justice.

David Favre AN INTERNATIONAL TREATY FOR ANIMAL WELFARE This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements.
David Favre & Vivien Tsang The Development of the Anti-Cruelty Laws During the 1800's

Article explains how the laws which deal with protection of animals from inappropriate human acts developed during the 1800's. The key focus is on Henry Bergh's efforts in the adoption of the 1867 New York Act.

Caroline Forell Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse

In this essay, the author discusses using Susan Glaspell’s 1917 short story A Jury of Her Peers to teach about the connection between domestic violence and animal abuse.

Michael Allen Fox ON THE "NECESSARY SUFFERING" OF NONHUMAN ANIMALS This article extends Gary Francione's analysis of these concepts from Rain without Thunder within the context of animal experimentation. Michael argues that Francione's work leads us to the conclusion that the notions of necessary and unnecessary suffering are empty of meaning, and no significant difference exists between them. That humans cause animals to suffer in abundance is reality. That their suffering is necessary in order to fulfill human purposes is fantasy.
Alexis C. Fox Using Special Masters To Advance The Goals Of Animal Protection Laws

This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws by taking responsibility for animal victims from local officials. In addition to advocating for special master appointments in large-scale animal abuse cases, this article discusses some of the possible barriers courts and advocates might face when appointing special masters to large-scale animal abuse cases.

Nicole Fox The Inadequate Protection of ANnimals Against Cruel Animal Husbandry Practices Under United States Law

This article looks at available legal protections for all farmed animals, and recommends that Congress enact stricter animal welfare laws.

Pamela D. Frasch State Animal Anti-Cruelty Statutes: An Overview

This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti- cruelty statutes and to identify those in need of improvement.

Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, and Paul A. Ernest STATE ANIMAL ANTI-CRUELTY STATUTES: AN OVERVIEW This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement.
Fund for Animals Canned Hunts: Unfair at Any Price

This article explores the issues surrounding "canned hunts." Section I provides an introduction and overview; explores the ethical objections to canned hunts based on standards generally accepted by the sport hunting community; raises questions about the appropriate legal analogy that should be applied to canned hunts; and discusses the serious animal health and public health issues raised by canned hunts. Section II catalogs the relevant statutes and regulations of each state with an example of a model ordinance relating to the regulation of canned hunts.

Teresa Gimenez-Candela New Law to Ensure the Protection of Animals in Spain

This articles give an over view of the 2007 Spanish law for the protection of animals - In English.

Teresa Gimenez-Candela New Law to Ensure the Protection of Animals in Spain Law 32/2007, of 7th November for the care of animals during their exploitation, transport, experimentation and sacrifice. The law is composed of a Preamble and is structured in three titles, and is completed by an additional provision and six final provisions. This Act provides, in compliance with the European Community mandate, a set of principles on the care of animals and a schedule of offences and penalties that gives legal effect to the obligations under current regulations. The Act also provides the foundation for the system of penalties. This is accomplished by establishing a common denominator policy under which the autonomous local communities may exercise their powers. That common denominator guarantees the consistency necessary for the operation of the applicable rules and ensures a minimum proportionality in the sanctions.
Jen Girgen The Historical and Contemporary Prosecution and Punishment of Animals

This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.

Marcia Goodman Kramer Humane Education, Dissection, And The Law

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

Charles Hall Canadian Animal Anti-Cruelty Legislation

This paper examines the substance and history of animal anti-cruelty law in Canada. In doing so, it discusses the controversy surrounding the last amendments to the existing law (Bill C-50) introduced in parliament last year.

Claudia E. Haupt THE NATURE AND EFFECTS OF CONSTITUTIONAL STATE OBJECTIVES: ASSESSING THE GERMAN BASIC LAW’S ANIMAL PROTECTION CLAUSE

In 2002, an animal protection clause was added to Article 20a of the German Constitution. Designed as a state objective, the nature of the animal protection clause decidedly influences its application. As a state objective, it is directed at all three branches of government, and each branch must ensure within its sphere of competence the realization of the stated goal. The Federal Constitutional Court has yet to address the precise scope of the provision.

This Article examines the likely future effects of the animal protection clause. With respect to the legislative branch, this Article addresses the question of whether the state objective demands that a standing provision be created for animal protection groups. With respect to the judicial and executive branches, this Article focuses on three fundamental rights that are most likely to come into conflict with animal protection: freedom of religion; freedom of teaching, science, and research; and freedom of artistic expression.

Seismic shifts in constitutional adjudication are not likely to be expected. The provision does not give rights to animals. However, at a minimum, it prohibits circumventing the Animal Protection Act by construing that statute in light of the Constitution. The animal protection clause removed the disproportionality between certain fundamental rights and the interest in animal protection. It mandates a balancing of constitutional interests and eliminates doubts regarding the constitutionality of the Animal Protection Act, especially with respect to the fundamental rights discussed.