THE LEGAL RIGHTS OF NONHUMAN ANIMALS

Here's a superb article on animal law that appeared last week in The Guardian. The article primarily features Swiss attorney and animal advocate Antoine Goetschel, but it also brings up many questions we've been asking in class and in our writings regarding the moral and legal status of nonhuman animals: Should nonhuman animals be represented by a lawyer during any criminal trial in which it is judged to be the victim? Why shouldn't an animal . . . have the same legal right to representation as any other victim in a criminal trial? Do all animal species deserve equal rights? What about the legal and moral status of genetically engineered nonhuman animals?

On Sunday the Swiss voted down a proposal that would have given animals legal representation during any criminal trial in which the animal is judged to be the victim.

THE ANIMAL WELFARE ACT AND THE DEFINITION OF "ANIMAL"

A few of you were surprised to discover in class readings and discussion that the United States Animal Welfare Act (AWA) excludes certain animals from its definition of “animal,” including birds, rats, and mice, and animals used in the livestock and poultry industries.

For those of you interested in reading the act and its various amendments, I’ve added a link on our blog.

Here is the AWA’s legal definition of “animal”:

Animal means any live or dead dog,
cat, nonhuman primate, guinea pig,
hamster, rabbit, or any other warmblooded
animal, which is being used, or
is intended for use for research, teaching,
testing, experimentation, or exhibition
purposes, or as a pet. This term
excludes birds, rats of the genus Rattus,
and mice of the genus Mus, bred for use
in research; horses not used for research
purposes; and other farm animals,
such as, but not limited to, livestock
or poultry used or intended for
use as food or fiber, or livestock or
poultry used or intended for use for improving
animal nutrition, breeding,
management, or production efficiency,
or for improving the quality of food or
fiber. With respect to a dog, the term
means all dogs, including those used
for hunting, security, or breeding purposes.

Environment

Throughout the course of this fall semester we have read over various texts and documents pertaining to the environment, more specifically nature. After exploring all of the essays in class, my perception of the environment has definitely been altered. More specifically my view of animals, along with their relationship to humans. Having read "Why Look at Animals?" by John Berger and watched "Grizzly Man" produced by Werner Herzog, my prior opinion about the environment has transformed. Before going over these two resources, I really didn't think or care much about the environment, and I felt that there was no connection between humans and animals. Now however, I developed an understanding that animals have been granted some of the same characteristics as humans, and are therefore related. Also, one can take advantage and learn from animals. By properly observing animals in their natural habitat, it is much easier to fully appreciate their existence. This is seen for example in the movie "Grizzly Man", as the life of Timothy Treadwell is portrayed. It is clear that Treadwell expressed love for grizzly bears, and developed a connection with these animals. This connection is what allowed him to survive a miraculous thirteen summers unarmed. I don't believe it's possible for everyone to develop such a personal relationship with animals, but I do think people can learn a lot by observing and studying animals, both wild and domesticated alike. Ultimately, it is vital that people strive to protect animals, and preserve the environments in which they live.

On Grizzly Man

Grizzly Man is one of the most interesting and surprising documentaries I have ever seen. Timothy Treadwell was quite an amazing man, one can call him unique at the very least. His ability to connect with grizzly bears at such close proximity and at an almost unbelievable personal level is astonishing. The fact that he was able to survive unarmed for an incredible thirteen summers in the wilderness was a feat of fascination. Although Treadwell was attacked and killed by one of the grizzly bears he was studying, it wasn't unusual to see him die. It was a very tragic and catastrophic occurrence, however, I feel Treadwell was naive in thinking that it was safe to live with wild bears. I believe he misunderstood the danger involved in video taping, and sometimes even touching the animals. Also, I saw that Timothy Treadwell thought he was an animal, and often acted like one. He was a person who really appreciated nature and only wanted it protected and preserved. Overall, the hundreds of hours of uncut and unedited video footage is remarkable. I recommend watching Grizzly Man to anyone interested in nature and animals, especially bears, and even people who just wish to explore the life of a wonderful man, Timothy Treadwell.

CHRISTIAN THE LION

During our discussion of Alice Walker's "Am I Blue?" Nat mentioned another interspecies connection in the story of Christian the lion. Here's a link to one of many YouTube videos on the lion:

On Animals

Ascione, Frank R., and Shapiro Kenneth
"People and Animals, Kindness and Cruelty: Research Directions and Policy Implications"
Journal of Social Issues

Abstract:
This article addresses the challenges of defining and assessing animal abuse, the relation between animal abuse and childhood mental health, the extensive research on animal abuse and intimate partner violence, and the implication of these empirical findings for programs to enhance human and animal welfare. Highlighted are recent developments and advances in research and policy issues on animal abuse. The reader is directed to existing reviews of research and areas of focus on the expanding horizon of empirical analyses and programmatic innovations addressing animal abuse. Following a discussion of forensic and veterinary issues related to animal abuse, we discuss policy issues including how the status of animals as human companions at times may place animals at risk. We also review developments in the field of human–animal relations and apply the primary–secondary–tertiary prevention public health model to prevention and treatment of animal abuse. We close with a description of community networks addressing animal abuse, interagency collaborations, and new developments in animal-related law.

ON ANIMALS

Herzog, Harold A., and Lauren Golden,
“Moral Emotions and Social Activism: The Case of Animal Rights"
Journal of Social Issues

Abstract:
Why do some people and not others become involved in social movements? We examined the relationships between a moral emotion—disgust—and animal activism, attitudes toward animal welfare, and consumption of meat. Participants were recruited through two social networking websites and included animal activists, promoters of animal use, and participants not involved in animal-related causes. They took an online survey which included measures of sensitivity to visceral disgust, attitudes toward animal welfare, and frequency of meat eating. Animal activists were more sensitive to visceral disgust than were promoters of animal use or nonaligned participants. Disgust sensitivity was positively correlated with attitudes toward animal welfare but not with meat consumption. The relationship between animal activism and vegetarianism was complex; nearly half of animal activists ate meat, and half of the vegetarians did not consider themselves to be animal activists. We argue that conflicts over the moral status of animals reflect fundamental differences in moral intuitions.