Animal Rights and Animal Welfare
![handle is hein.journals/rutlr48 and id is 407 raw text is: ANIMAL RIGHTS AND ANIMAL WELFAR
Gary L. Francione'
I. INTRODUCTION: THE NEW WELFARISTS
Over the past century or so, concern about animals' interests
was limited to ensuring that they were treated humanely and
that they were not subjected to unnecessary suffering. This
position, which is known as the animal welfare view, assumes
the legitimacy of treating animals instrumentally as means to
human ends as long as certain safeguards are employed.'
The late 1970s marked the emergence of the animal rights
movement, which retained the animal welfare tradition's
concern for animals as sentient beings that should be protected
from unnecessary cruelty, but added a new language of
'rights' as the basis for demanding the end of institutionalized
* Copyright 1995 by Gary L. Francione. Portions of this article are
taken from a book entitled, Animal Rights and Animal Welfare: The
Ideology of a Social Protest Movement, by Gary L. Francione, which is
forthcoming from Temple University Press. The author gratefully ac-
knowledges helpful comments from Doris Braendel, Anna Charlton,
Priscilla Cohn and Tom Regan. Special thanks go to Stratton, Emma and
Tedwyn.
This article is dedicated to Bill Kunstler, a friend and neighbor,
who, through his example, taught us all so very much about justice.
** Professor of Law and Nicholas deB. Katzenbach Scholar of Law
and Philosophy, Rutgers University School of Law-Newark. Professor
Francione is also co-director of the Rutgers University Animal Rights
Law Center.
1. See generally GARY L. FRANCIONE, ANIMALS, PROPERTY, AND THE
LAW (1995) [hereinafter FRANCIONE, ANIMALS, PROPERTY AND THE LAW];
Gary L. Francione, Animals, Property and Legal Welfarism: Unnecessary
Suffering and the Humane Treatment of Animals, 46 RUTGERS L. REV.
721 (1994) [hereinafter Francione, Animals, Property and Legal
Welfarism]. Animal welfarists support laws which seek to ensure that
animals used in experiments are not subjected to unnecessary suffering,
and that animals used for food are slaughtered humanely.
397](ViewImageLocal?handle=hein.journals/rutlr48&div=16&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Animal Rights and Animal Welfare
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most