February 21, 2017

An Introduction to Animals and the Law by Joan E. Schaffner

By Joan E. Schaffner

This exploration of the newly rising, diversified, and debatable region of animal lawpresents a simple survey of the legislation designed to guard animals, studying and critiquing them, and featuring a destiny the place the felony regime correctly acknowledges and protects the inherent worthy of all animals.

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Extra resources for An Introduction to Animals and the Law

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Moreover, normal husbandry practices are exempt from the entire cruelty code. Thus, it is perfectly lawful under Illinois law to torture wild animals and animals used for food. Anti-Cruelty Laws 25 As with all criminal laws, some level of knowledge or intent is required to justify sanction, and the more culpable the intent, the greater the justification for sanction. Thus, if a person intends, knows, or should have known that he or she was subjecting the animal to cruel treatment that person is subject to a Class A misdemeanor with a sentence not to exceed one year.

For example, a dog may be a companion animal, may be used for research, or may provide entertainment to humans; a rabbit may be a companion animal, may be raised and killed for food, may be used for research, or exhibition, or may be wild; while an elephant may live in the wild as part of our environment, or may be captive in a circus or zoo to provide entertainment. The law treats the same animal differently depending upon the human’s use of the animal. The “law” Legal systems A legal system is a complex set of principles and rules that govern human behavior.

Animals used for food or research and wild animals generally are exempt from the anti-cruelty laws. The anti-cruelty laws target only individual instances of intentional cruelty not institutionalized cruelty. This reflects a serious flaw in our societal view of animals as beings who exist for human use and our acceptance of institutionalized practices that inflict serious pain and suffering upon other species for our benefit. Pain and suffering are terms used in most anti-cruelty laws but are difficult to distinguish.

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