{"title":"First Animal Code In France: A Response To A Dissonant Animal Law.","authors":"Marie Laffineur-Pauchet","doi":"10.5565/rev/da.359","DOIUrl":"https://doi.org/10.5565/rev/da.359","url":null,"abstract":"","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87576902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the more intractable issues associated with animal law and ethics concerns responsibly regulating the slaughter of animals according to the requirements of the Jewish religious tradition and some interpretations of the Islamic religious tradition. Most Western liberal democratic societies require animals to be stunned before slaughter to ensure they are insensible when killed. However, the Jewish tradition and many interpretations of the Islamic tradition prohibit pre-slaughter stunning. In these traditions, animals are killed according to specific religious rituals that involve cutting the animal’s throat and permitting it to exsanguinate without prior stunning. These requirements therefore come into direct conflict with Statutes, Codes and Regulations of many Western countries intending to give expression to animal welfare policies by requiring pre-slaughter stunning. However, such practices are also protected by international and domestic human rights instruments guaranteeing freedom of religious practice and expression. Recent decisions of European Courts demonstrate the difficulties that arise when countries attempt to regulate this conflict. In exploring several of these recent decisions, this article intends to outline the parameters of this conflict and to suggest a potential way forward to responsible regulation of such practices.
{"title":"Responsible Regulation of the Religious Slaughter of Animals","authors":"Alexander Bruce","doi":"10.5565/rev/da.433","DOIUrl":"https://doi.org/10.5565/rev/da.433","url":null,"abstract":"One of the more intractable issues associated with animal law and ethics concerns responsibly regulating the slaughter of animals according to the requirements of the Jewish religious tradition and some interpretations of the Islamic religious tradition. Most Western liberal democratic societies require animals to be stunned before slaughter to ensure they are insensible when killed. However, the Jewish tradition and many interpretations of the Islamic tradition prohibit pre-slaughter stunning. In these traditions, animals are killed according to specific religious rituals that involve cutting the animal’s throat and permitting it to exsanguinate without prior stunning. These requirements therefore come into direct conflict with Statutes, Codes and Regulations of many Western countries intending to give expression to animal welfare policies by requiring pre-slaughter stunning. However, such practices are also protected by international and domestic human rights instruments guaranteeing freedom of religious practice and expression. Recent decisions of European Courts demonstrate the difficulties that arise when countries attempt to regulate this conflict. In exploring several of these recent decisions, this article intends to outline the parameters of this conflict and to suggest a potential way forward to responsible regulation of such practices.","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84263270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The objective of this research is to investigate how the current animal welfare regulatory approach in Australia is applied to domesticated rabbits with emphasis on rabbits used for meat. Australia’s animal welfare regime is critically examined by assessing the effectiveness of the Model Code of Practice for Animal Welfare: Intensive Husbandry of Rabbits (MCOPIHR) and the Five Freedoms in practice and what they mean to the actual wellbeing of rabbits in meat farms. Recent scientific knowledge in animal behaviour informs us that keeping any animal in extreme confinement, such as rabbits used for meat in intensive farms, has serious welfare concerns resulting in physical and psychological suffering. It is within this context that this thesis asks whether the concept of animal welfare in the caged rabbit meat industry is in effect an oxymoron. This thesis draws on work by Bekoff and Pierce’s ethological approach to support my critique of animal welfare practices in Australia’s rabbit meat industry. I also use Garner’s theory of incremental change in animal welfare reform, in which he argues for using current knowledge in animal welfare to push the boundaries of what is considered ‘unnecessary suffering’, as a social driver for a moral shift aimed at effecting law reform. To complement Garner’s political theory of incremental change I deploy Spira’s approach to advocacy, as practical tools for realising change.
{"title":"The Oxymoron of Caged Animal Welfare: A Case Study in The Australian Caged Rabbit Meat Industry","authors":"R. Lascelles","doi":"10.5565/REV/DA.419","DOIUrl":"https://doi.org/10.5565/REV/DA.419","url":null,"abstract":"The objective of this research is to investigate how the current animal welfare regulatory approach in Australia is applied to domesticated rabbits with emphasis on rabbits used for meat. Australia’s animal welfare regime is critically examined by assessing the effectiveness of the Model Code of Practice for Animal Welfare: Intensive Husbandry of Rabbits (MCOPIHR) and the Five Freedoms in practice and what they mean to the actual wellbeing of rabbits in meat farms. Recent scientific knowledge in animal behaviour informs us that keeping any animal in extreme confinement, such as rabbits used for meat in intensive farms, has serious welfare concerns resulting in physical and psychological suffering. It is within this context that this thesis asks whether the concept of animal welfare in the caged rabbit meat industry is in effect an oxymoron. This thesis draws on work by Bekoff and Pierce’s ethological approach to support my critique of animal welfare practices in Australia’s rabbit meat industry. I also use Garner’s theory of incremental change in animal welfare reform, in which he argues for using current knowledge in animal welfare to push the boundaries of what is considered ‘unnecessary suffering’, as a social driver for a moral shift aimed at effecting law reform. To complement Garner’s political theory of incremental change I deploy Spira’s approach to advocacy, as practical tools for realising change.","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74336425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reform of civil legislation on the legal status of animals and Private International Law","authors":"Alvaro Gimeno Ruiz","doi":"10.5565/rev/da.428","DOIUrl":"https://doi.org/10.5565/rev/da.428","url":null,"abstract":"","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81423112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Fish – these four letters stand for an enormous number of trillions of animals but still up to the present day we only know little about their inner life. There have been numerous studies showing impressively that they indeed feel pain. Even though they lack a human-like neocortex, apparently other parts of the fish brain seem to be responsible for processing emotions and consciousness. Observations from nature strongly support the remarkable capacity of fishes to live a conscious life: they have an excellent memory and use land marks for orientation, recognize the different individuals in their shoal and remember their hierarchical status in the group. They cooperate between species and even invent interspecific sign language. In conclusion, there is clear evidence that fishes are conscious, sentient beings – and indeed since 2009 they are recognized as such by the EU in article 13 TFEU. However, under welfare aspects of secondary EU legislation, the fishes are either only included on a very basic general level or not considered at all. Especially considering the numbers of fish individuals and the methods used in fisheries and aquaculture, it is high time to overcome this erroneous view and to finally grant them the protection they deserve as ‘sentient beings’ – on the legislative level, but also in fisheries and aquaculture practices, policies, and not least in our daily behaviour.
{"title":"Fishes: The Forgotten Sentient Beings","authors":"H. Bauer","doi":"10.5565/REV/DA.427","DOIUrl":"https://doi.org/10.5565/REV/DA.427","url":null,"abstract":"Fish – these four letters stand for an enormous number of trillions of animals but still up to the present day we only know little about their inner life. There have been numerous studies showing impressively that they indeed feel pain. Even though they lack a human-like neocortex, apparently other parts of the fish brain seem to be responsible for processing emotions and consciousness. Observations from nature strongly support the remarkable capacity of fishes to live a conscious life: they have an excellent memory and use land marks for orientation, recognize the different individuals in their shoal and remember their hierarchical status in the group. They cooperate between species and even invent interspecific sign language. In conclusion, there is clear evidence that fishes are conscious, sentient beings – and indeed since 2009 they are recognized as such by the EU in article 13 TFEU. However, under welfare aspects of secondary EU legislation, the fishes are either only included on a very basic general level or not considered at all. Especially considering the numbers of fish individuals and the methods used in fisheries and aquaculture, it is high time to overcome this erroneous view and to finally grant them the protection they deserve as ‘sentient beings’ – on the legislative level, but also in fisheries and aquaculture practices, policies, and not least in our daily behaviour.","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81928484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article proposes to establish a universal definition of the phenomenon of Domestication. Included in this phenomenon are, inter alia, the definitions of tame, domesticated or wild animals. Most of us intuitively think that wild and domesticated animals are easy to differentiate. But when it comes to giving measurable criteria to accurately discriminate species, there is today no consensus nor tool available. It has become a considerable gap considering that nowadays, challenges related to animal matters require international or global solutions which are only implementable through collaborations across the board and at all scales. However, without accurate and common definitions, those collaborations are rendered impossible. In this research, the etymology and definitions of the phenomenon of Domestication are considered, followed by its evolution across the literature. Are then examined the existing lists of domesticated species. Finally, the use of the concept of this phenomenon is looked at in laws at different scales and through international organisations, highlighting important discrepancies or even contradictions. The result of this research is the ascertainment that adopting a universal definition of the phenomenon of Domestication is absolutely paramount in order to progress on all animal-related matters. These observations and sources are then analysed in order to build the final part of this article: a proposal, aiming at giving an example of what the solution could look like.
{"title":"A Universal Definition of ‘Domestication’ to Unleash Global Animal Welfare Progress","authors":"M. Décory","doi":"10.5565/REV/DA.424","DOIUrl":"https://doi.org/10.5565/REV/DA.424","url":null,"abstract":"This article proposes to establish a universal definition of the phenomenon of Domestication. Included in this phenomenon are, inter alia, the definitions of tame, domesticated or wild animals. Most of us intuitively think that wild and domesticated animals are easy to differentiate. But when it comes to giving measurable criteria to accurately discriminate species, there is today no consensus nor tool available. It has become a considerable gap considering that nowadays, challenges related to animal matters require international or global solutions which are only implementable through collaborations across the board and at all scales. However, without accurate and common definitions, those collaborations are rendered impossible. In this research, the etymology and definitions of the phenomenon of Domestication are considered, followed by its evolution across the literature. Are then examined the existing lists of domesticated species. Finally, the use of the concept of this phenomenon is looked at in laws at different scales and through international organisations, highlighting important discrepancies or even contradictions. The result of this research is the ascertainment that adopting a universal definition of the phenomenon of Domestication is absolutely paramount in order to progress on all animal-related matters. These observations and sources are then analysed in order to build the final part of this article: a proposal, aiming at giving an example of what the solution could look like.","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82740190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to address domestic violence and its relation to animal abuse, and to propose alternative solutions. A close relation has been found between domestic violence and animal maltreatment. It is verified that the majority of the aggressors belong to the masculine gender and the most effective way to break the cycle of abuse is education, with the consequent awareness of respect for life in all its forms.
{"title":"Animal abuse: A close relationship with domestic violence","authors":"Gisele Kronhardt Scheffer","doi":"10.5565/REV/DA.425","DOIUrl":"https://doi.org/10.5565/REV/DA.425","url":null,"abstract":"This article aims to address domestic violence and its relation to animal abuse, and to propose alternative solutions. A close relation has been found between domestic violence and animal maltreatment. It is verified that the majority of the aggressors belong to the masculine gender and the most effective way to break the cycle of abuse is education, with the consequent awareness of respect for life in all its forms.","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73201686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Historical analysis of the regime of access to fishing resources in Spanish Law (centuries V-XIX)","authors":"Maximiliano Astorga Beltrán","doi":"10.5565/rev/da.394","DOIUrl":"https://doi.org/10.5565/rev/da.394","url":null,"abstract":"","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88601188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protection before the danger of extinction arose","authors":"Francisco Javier Capacete González","doi":"10.5565/rev/da.418","DOIUrl":"https://doi.org/10.5565/rev/da.418","url":null,"abstract":"","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75728957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
espanolMillones de animales han estado involucrados en la Primera Guerra Mundial. Utilizados como herramientas militares, desempenaron sus funciones siguiendo sus propios comportamientos. A menudo tenian un nombre y se sacrificaban para salvar a sus humanos. Aparte de estos animales soldados, hubo un gran numero de otros afectados por la guerra: animales domesticos y de granja abandonados por los civiles que huian, animales que fueron matados para alimentar a las tropas, animales salvajes. Aunque algunos historiadores trataron el tema de los animales en guerra, su investigacion se concentro sobre todo en los humanos que los poseian. Comparado con la literatura existente, este libro marca un cambio en la perspectiva habitual. Al leer la historia desde el punto de vista etologico, el autor situa la vida de los animales en el centro de su investigacion. EnglishMillions of animals have been involved in the First World War. Used as warfare tools, they carried out their roles following their own behaviours. They often had a name and they sacrificed themselves to save their humans. Apart from these military animals, there were a large number of others affected by the war: domestic and farm animals abandoned by the fleeing civilians, animals that were butchered to feed the troops and wild animals. Even though some historians dealt with the issue of animals at war, their research concentrated above all on the humans who owned them. Compared to the existing literature, this book offers a different perspective. Reading history from the ethological point of view, the author places the life of the animals at the centre of his research.
数以百万计的动物卷入了第一次世界大战。作为军事工具，它们通过自己的行为来履行职责。他们经常有一个名字，并牺牲自己来拯救他们的人类。除了这些动物士兵，还有大量其他动物受到战争的影响:逃离的平民遗弃的家畜和农场动物，为喂养军队而被杀害的动物，野生动物。虽然一些历史学家讨论过战争中的动物，但他们的研究主要集中在拥有它们的人类身上。与现有文献相比，这本书标志着通常观点的改变。作者从行为学的角度阅读了这个故事，将动物的生活置于他研究的中心。英国数以百万计的动物参与了第一次世界大战。用作warfare tools下列behaviours他们自己,他们对他们的角色。他们通常有一个名字，他们牺牲自己来拯救他们的人类。除了这些军事动物，还有大量的其他动物受到战争的影响:家庭和农场动物遗弃了平民，动物们为军队和野生动物提供食物。虽然一些historians dealt with the issue of动物at war,其研究的在all on the专论owned察。= =地理= =根据美国人口普查，这个县的面积为。阅读历史from the ethological point of view,提交人”(the life of the动物at the其研究中心。
{"title":"Éric Baratay. Bêtes des tranchées. Des vécus oubliés - CNRS ed. (Paris 2013) 256 p.","authors":"Raffaela Cersosimo","doi":"10.5565/REV/DA.416","DOIUrl":"https://doi.org/10.5565/REV/DA.416","url":null,"abstract":"espanolMillones de animales han estado involucrados en la Primera Guerra Mundial. Utilizados como herramientas militares, desempenaron sus funciones siguiendo sus propios comportamientos. A menudo tenian un nombre y se sacrificaban para salvar a sus humanos. Aparte de estos animales soldados, hubo un gran numero de otros afectados por la guerra: animales domesticos y de granja abandonados por los civiles que huian, animales que fueron matados para alimentar a las tropas, animales salvajes. Aunque algunos historiadores trataron el tema de los animales en guerra, su investigacion se concentro sobre todo en los humanos que los poseian. Comparado con la literatura existente, este libro marca un cambio en la perspectiva habitual. Al leer la historia desde el punto de vista etologico, el autor situa la vida de los animales en el centro de su investigacion. EnglishMillions of animals have been involved in the First World War. Used as warfare tools, they carried out their roles following their own behaviours. They often had a name and they sacrificed themselves to save their humans. Apart from these military animals, there were a large number of others affected by the war: domestic and farm animals abandoned by the fleeing civilians, animals that were butchered to feed the troops and wild animals. Even though some historians dealt with the issue of animals at war, their research concentrated above all on the humans who owned them. Compared to the existing literature, this book offers a different perspective. Reading history from the ethological point of view, the author places the life of the animals at the centre of his research.","PeriodicalId":36357,"journal":{"name":"Derecho Animal","volume":"56 44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84074296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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