Prof. David Favre Michigan State Univ. College of Law 2013.

Unnecessary Pain & Suffering

Prof. David FavreMichigan State Univ. College of Law

2013

www.animallaw.info

Week old Icelandic lambs

They (animals) are created, indeed, for our use, but not for our abuse. Their freedom and enjoyment, when they cease to be consistent with our just dominions and enjoyment, can be no part of their natures; but whilst they are consistent I say their rights, subservient as they are, ought to be as sacred as our own . .

Horse Power It was made illegal for any person to "wantonly

and cruelly beat or ill-treat [] [any] horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep or other cattle . . . ." The law imposed a "fine of not more than five pounds or less than ten shillings, or imprisonment not exceeding three months."

Ethics into Law If we assume there is social agreement that some

limitations of human use of animals exist, how does the law state these rules?

Specific v. General prohibitions

A little legal history will show the path of social attitudes. – A legal historian..

Tools of Legal Analysis Which animals are protected? Is human motivation an element? Which action or inaction as relates to the animal

is covered? Is the listed language have to be judged in a

social context before becoming illegal? What is the level of punishment for violations? Will the law be enforced?

Early 1800’s in United States

Every person who [part one] shall maliciously kill, maim or wound any horse,

ox or other cattle, or any sheep, belonging to another, or [part two] shall

maliciously and cruelly beat or torture any such animals, whether belonging to himself or another,

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Transition to Law

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Every person who [part one] shall maliciously kill, maim or wound any horse, ox or other

cattle, or any sheep, belonging to another, or [part two] shall maliciously and cruelly beat or torture any such animals,

whether belonging to himself or another,

[1867 – New York]

torture, torment, deprive of necessary sustenance, or unnecessarily or cruelly beat, or needlessly mutilate or kill any living creature, [no ownership statement]

Federal Act on the Protection of Animals - Austria

§ 5. (1) It is prohibited to inflict unjustified pain, suffering or injury on an animal or expose it to heavy fear.

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(510 ILCS 70/3.02) § 3.02. Aggravated cruelty.

(a) No person may intentionally commit an act that causes a companion animal to suffer serious injury or death.

Unlawful conduct

Acceptable Unacceptable

Lawful Unlawful

Who decides where to draw the line?When is animal /human conduct:

Who will do the balancing?

Legislature

Administrative/Executive

Judiciary / Jury

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Balancing Interests – Illegal Actions

Animal Interests

Human Interests

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Dog Fighting

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Section 2. FOR KEEPING A PLACE FOR COCK FIGHTING, BULL BAITING, DOG FIGHTING, ETC.

Any person who shall keep or use, or in any way be connected with, or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every person who shall encourage, aid or assist therein, or who shall permit or suffer any place to be so kept or used, shall, upon conviction thereof, be adjudged guilty of a misdemeanor.

Use by the middle class

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Use by the rich

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Ethical Use? Lawful Use?

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To live as natural a life as possible in order that an animal can experience life as fully as possible, given its inherent interests and capabilities. The opportunity to be themselves.

A good animal life: freedom from negatives v. experience the positives.

o - food, water & sheltero - to be in a social groupo - to hunt, to seek foodo - to reproduce

Ethical Goal

Public and Private Zoos

Individual Ethics Group Ethics

Adopted Law

Moving from Ethics to Law

Science & Chimpanzees

What will the future judge as the unnecessary infliction of pain and suffering upon animals by humans?

Role of Science in discovering:

How do animals feel pain? What is pain to an animal?

What does suffering mean in the context of various animal species – is suffering a matter of science or ethics….