About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

16 Animal L. [i] (2009-2010)

handle is hein.journals/anim16 and id is 1 raw text is: ANIMAL LAW VOLUME 16 2009 CONTENTS INTRODUCTION NATURAL BEHAVIOR .................................... Jeffrey Moussaieff Masson ARTICLES SPEAKING FOR THE MODERN PROMETHEUS: THE SIGNIFICANCE OF ANIMAL SUFFERING TO THE ABOLITION MOVEMENT ........................... 9 Elizabeth L. DeCoux There is a great divide in animal advocacy between Abolition and Welfare. Abolitionists seek to end the property status of animals. Welfarists, while acquiescing in the categorization of animals as property, seek to improve the conditions in which those animals live and die. Abolitionists have worked toward their goal for de- cades, and Welfarists toward theirs for centuries, but animals continue to suffer and die in ever-increasing numbers. This Article reviews the theories and methods of Abolitionists and Welfarists and suggests one reason that they have failed to relieve animal suffering and death: Welfarists use the right tool in the service of the wrong goal; Abolitionists work toward the right goal but expressly decline to use the right tool. Specifically, Welfarists accurately portray the appalling conditions in which animals live and die, but they inaccurately claim that welfare measures can remedy those appalling conditions without any challenge to the property status of animals. Abolitionists cor- rectly assert that the exploitation of animals must end, and they depict the astonishing rate at which animals are killed and eaten, but they typically spare their audience the unpleasant subject of animal suffering. The thesis of this Article is that the tide of animal suffering and death will turn only when Abolitionists em- ploy the tool used to achieve social change throughout the history of the United States: accurately depicting the suffering of the op- pressed, in image and narrative. ANIMALS AS VULNERABLE SUBJECTS: BEYOND INTEREST-CONVERGENCE, HIERARCHY, AND PRO PERTY ................................................ 65 Ani B. Satz This Article presents a new paradigm, premised on the equal pro- tection principle, for the legal regulation of human interactions with domestic animals: Equal Protection of Animals (EPA). EPA combines the insights of vulnerability theorists with the equal protection principle and capability theory to create a mechanism for recognizing the equal claims of human and nonhuman ani- mals to protections against suffering. Under such an approach, domestic animals-like humans-have claims to food, hydration,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most