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1 J. Animal & Envtl. L. 176 (2009-2010)
The Unjustified Prohibition against Bestiality: Why the Laws in Opposition Can Find No Support in the Harm Principle

handle is hein.journals/jael1 and id is 187 raw text is: The Unjustified Prohibition Against Bestiality: Why the Laws in Opposition Can Find No Support in the Harm Principle The Jurisprudence of Bestiality Michael Roberts* This work explores the moral status of laws prohibiting bestiality and whether they are justified in practice or justifiable in theory. Part I of the paper introduces us to bestiality by first testing our moral intuitions regarding the act. Through a list of 10 examples we are asked to consider whether we find some acts morally wrong, and therefore prohibitable by law. Next, the paper explores the current state of the law. It considers possible definitions of bestiality from the Church, secular law, and legal scholars. Each definition is criticized as overly broad, vague, and in at least one case, too narrow. Instead, a new definition of bestiality is proposed which better comports with our moral intuitions and eliminates some problems associated with the prior definitions. Part II of the paper challenges the justification of laws prohibiting bestiality. Through the Harm Principle, it explores whether such laws are justifiable by preventing Harm to Others, Harm to Self, Offense to Others, or through Moral Legalism. They are not. In order Michael Roberts is a 2009 graduate from Rutgers Newark School of Law and proud recipient of the Rutgers Outstanding Achievement Award for Excellence in Criminal Law. Currently he is law clerk to the Honorable Edward M. Coleman, P.J. Cv. In September, he is joining Jack Venturi & Associates where he will practice criminal and matrimonial law.

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