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What is Animal Law?

Your animal law syllabus will vary depending upon where you study animal law (see �Animal Law Courses� for details of who to contact for a syllabus). However, examples of issues that have been raised in the courts are as follows:
  • Can a chimpanzee be the subject of a habeas corpus?
  • Is a dolphin a ‘person’ for the defence of necessity to a charge of theft?
  • Should the death of a monkey used in scientific experimentation be classed as an ‘adverse effect’ in assessing the costs of granting a project licence?
  • Can a chicken be deliberately reared so that it is chronically hungry for much of its life?

The study of animal law raises fascinating questions such as these and enables students to critically analyse the laws which address them. For example, in 2004 the court interpreted legislation which provides that chickens must be “fed a wholesome diet … in sufficient quantity to maintain them in good health” in such a way that it is legal to keep breeder chickens chronically hungry for much of their lives. How did the court reach this decision and what are its implications?
What is particularly interesting about animal law as an academic subject is that law and ethics are inextricably linked. Animal law students not only analyse the wording of a statute, they also delve into ethical discussions. For example, is it right for chickens to be kept chronically hungry when a slower-growing genotype could be used? This invites questions as to the nature of our moral obligation to other sentient beings. Do the chickens in fact suffer and if so, is that suffering necessary? These are the types of challenging questions faced by animal law students.

The Animal Welfare Act 2006 made significant changes to the law. The offence of causing unnecessary suffering to some domestic animals remains a pivotal concept and students can expect some interesting debates on the nature of the necessity of animal suffering. The significant change in the law comes in the form of a new welfare offence which introduces a positive duty on owners to ensure the welfare of protected animals. This enables organisations such as the RSPCA to intervene before the animal actually suffers. It will be interesting to assess the effects of this new offence.

A particularly exciting area of animal law concerns the question of whether animals can be legal persons. At present the law divides persons from things. Only humans (and companies created by humans) enjoy the status of a legal person and have rights. Animals are ‘things’ at law and cannot have legal rights. There are, however, laws to protect the welfare of some animals. But there is now a strong argument for granting some animals, e.g., adult chimpanzees, some basic legal rights, e.g. freedom from torture and slavery. Attempts have been made in a number of recent international cases to challenge the status quo. This is cutting-edge law which promises exciting times ahead.

The study of animal law may include any of the following topics:

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  1. The offence of cruelty to domestic animals such as companion animals and farm animals under the Animal Welfare Act 2006.

  2. The new welfare offence of failing to take reasonable steps to meet the welfare needs of a domestic animal for which a person is responsible under the Animal Welfare Act 2006.

  3. The law governing the use of animals in scientific procedures (the Animals (Scientific Procedures) Act 1986) together with the ethical arguments for and against animal experimentation.

  4. The UK and EU law governing the use of animals in agriculture. Implicit within this is the question of whether animals suffer in modern farming practices and, if they do, whether that suffering is necessary.

  5. Analysing whether the World Trade Organisation, and its enforcement of the General Agreement on Tariffs and Trade (GATT), is a threat to animal protection laws.

  6. The law governing the use of animals in sport and entertainment, for example, circuses, zoos and television.

  7. The law relating to the hunting of animals, including the Hunting Act 2004 which prohibits the hunting of foxes with a pack of dogs. Issues relating to the enforcement of the law are particularly relevant at present.

  8. The law relating to the protection of wildlife including the Wildlife and Countryside Act 1981 and the Wild Mammals (Protection) Act 1996.

  9. The international control of endangered species which is regulated under the Convention on the International Trade in Endangered Species (CITIES).

  10. The debate on whether to grant legal personhood to some animals. Some lawyers are calling for adult chimpanzees and bonobos to be granted the basic legal rights of bodily liberty and bodily integrity (freedom from slavery and torture). What are the arguments for and against granting legal rights to animals?

  11. Underlying many of these specific topics is the question of whether animals have moral rights/interests. This raises a fascinating philosophical debate about the nature of our moral obligations to other sentient beings.

This is not an exhaustive list of topics relevant to animal law.