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46 Rutgers L. Rev. 721 (1993-1994)
Animals, Property and Legal Welfarism: Unnecessary Suffering and the Humane Treatment of Animals

handle is hein.journals/rutlr46 and id is 731 raw text is: ANIMALS, PROPERTY AND LEGAL WELFARISM: UNNECESSARY SUFFERING AND THE HUMANE TREATMENT OF ANIMALS* Gary L. Francione I. INTRODUCTION . There is increasing social concern about our use of nonhumans for experiments,' food,2 clothing,3 and entertain- ment This concern about animals reflects both our own moral * © 1994 by Gary L. Francione. This article is taken from a book entitled, ANIMAL RIGHTS, ANIMAL WELFARE AND THE LAW, by Gary L. Francione, which is forthcoming from Temple University Press. A version of this article was presented as the 1993 Charter Lecture at the Univer- sity of Georgia. The author gratefully acknowledges helpful comments provided by Tom Regan, the late Jos6 Ferrater Mora, and Anna Charlton, and excellent research assistance provided by Brenda McDonough, Rutgers School of Law-Newark, Class of 1994. ** Professor of Law, Rutgers School of Law-Newark. Professor Francione is also Director of the Rutgers University Animal Rights Law Center. This article is dedicated to Jane Cullen. 1. See generally ANIMAL EXPERIMENTATION: THE CONCENSUS CHANGES (Gill Langeley ed., 1989); ANIMAL EXPERIMENTATION: THE MORAL ISSUES (Robert M. Baird & Stuart E. Rosenbaum eds., 1991); MARY T. PHILIPS & JERI A. SECHZER, ANIMAL RESEARCH AND ETHICAL CONFLICT (1989); AN- DREW N. ROWAN, OF MICE, MODELS, AND MEN (1984); RICHARD D. RYDER, VICTIMS OF SCIENCE (2d ed., National Anti-Vivisection Society Ltd. 1983) (1975); ROBERT SHARPE, THE CRUEL DECEPTION (1988). 2. See generally MARK GOLD, ASSAULT & BATTERY (1983); RUTH HAR- RISON, ANIMAL MACHINES (1964); JIM MASON & PETER SINGER, ANIMAL FACTORIES (rev. & updated ed. 1990); JEREMY RIFKIN, BEYOND BEEF (1992); ORVILLE SCHELL, MODERN MEAT (1984). 3. See generally RICHARD D. RYDER, ANIMAL REVOLUTION 235-37 (1989); Furriers on the Defensive, THE ANIMALS' AGENDA, April 1990, at 39. 4. See generally PETER BATTEN, LIVING TROPHIES (1976); BEYOND THE

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