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

2 Animal L. 123 (1996)
Beyond the Law: Agribusiness and the Systemic Abuse of Animals Raised for Food or Food Production

handle is hein.journals/anim2 and id is 135 raw text is: BEYOND 2rilE LAW: AGRIBUSINESS AND THE SYSTEMIC ABUSE OF ANIMALS RAISED FOR FOOD OR FOOD PRODUCTION By DAVID J. WoLxSoN* Animals raised for food or food production in the United States are, in large part, excluded from legal protection against cruelty. This article describes the minimal state and federal laws relating to such animals and documents numerous recent amendments to state anticruelty statutes that have placed the definition of cruelty tofarm animals in the hands of the farming commu- nity. Mr. Wolfson argues that these amendments contradict the historical purpose of anticruelty statutes originally enacted to protect farm animals. The article also contrasts this regressive legal development with progressive European legislation. Finally, Mr. Wolfson outlines a pathfor reform. I. INTRODUCTION' Since the early nineteenth century, Western society has enacted laws to protect animals from cruelty. While such laws were originally intended to protect animals such as cows, sheep, and horses, they have generally evolved to cover all domestic animals, including dogs and cats. In recent years, however, a large number of U.S. states have amended their an- ticruelty laws. Today, the majority of U.S. states prohibit, at least in part, the application of their anticruelty statutes to farm animals. Specifically, twenty-eight states have enacted laws that create a legal realm whereby certain acts, no matter how cruel, are outside the reach of anticruelty statutes as long as the acts are deemed accepted, common, customary, or normal farming practices. These statutes have given the farming community the power to define cruelty to animals in their care. Similarly, certain states' anticruelty statutes also exclude poultry, which represent an estimated ninety-five percent of the more than seven billion farm animals slaughtered annually. * Associate, Milbank, Tweed, Hadley & McCloy in New York City;, J.D. 1993, Harlan Fiske Stone Scholar, Columbia University School of Law. Mr. Wolfson also studied at the College of Law, London, England. 1 I would like to thank the following individuals for their invaluable input and criticism Henry Spira, Elinor Molbegott, Kathrin Wanner, Gene Bauston, Dr. Andrew Rowan, Lisa Weisberg, Steven Wise, Martha Fineman, Melisse Cunningham, and Merritt Clifton. I would also like to thank my wife, Dr. Louise A. S. Murray, without whose assistance this paper would not have been possible. [1231

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