Journal articles on the topic 'Animal law ethics'
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1
Offor, Iyan. "Second wave animal ethics and (global) animal law: a view from the margins." Journal of Human Rights and the Environment 11, no. 2 (September 30, 2020): 268–96. http://dx.doi.org/10.4337/jhre.2020.02.06.
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Animal law and animal law studies both suffer from shortcomings in their underlying ethics. For the most part, (global) animal law draws from utilitarian welfarism and rights-based approaches to animals. Animal law academics have, thus far, paid little attention to more critical animal ethical studies, although these hold great potential for improving the justness and effectiveness of animal law. This article proposes delineating a ‘second wave of animal ethics’ consisting of a number of critical ethical lenses that are capable of addressing four key shortcomings in ‘first wave animal ethics’. This article draws particularly on feminist, posthumanist and earth jurisprudence studies to draw out four key lessons. First, the need to stop assuming that animals only deserve moral and legal consideration if they are like humans, and instead to accept, celebrate, reward and legally protect difference. Second, the need to stop assuming that moral and legal considerations should extend to animals and no further. Third, the need to stop over-relying on liberal concepts like rights and start engaging with (intersectionally) marginalized communities to theorize viable alternative paradigms that might work better for animals. Fourth, the need to stop assuming that animal ethics need to be the same everywhere. In making this argument, this article intends to inspire further research on ‘second wave animal ethics’ ideas amongst animal law scholars.
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PIETRZYKOWSKI, TOMASZ. "ANIMAL LAW: ETHICS, SOCIETY AND CONSTITUTIONS." Society Register 3, no. 3 (January 2, 2020): 151–58. http://dx.doi.org/10.14746/sr.2019.3.3.09.
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The paper discusses and criticizes views on various aspects of the situations of animals within human societies offered by authors presenting at the seminar held at the Research Centre for Public Policy and Regulatory Governance. They include legal, ethical as well as socio-psychological problems about animal welfare and the attempts to improve the conditions in which animals are treated. The author hints at the theoretical background as well as implications of some of the ideas that are advocated in the ongoing legal and ethical debates over animal welfare. The discussion aims to shed some light on how the cross-disciplinary studies and exchanges that include biologists, psychologists, sociologists as well as legal researchers may contribute to numerous controversies in the contemporary animal law scholarship.
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Paterson, Mandy B. A., and Philip Jamieson. "Sterilizing Pregnant Companion Animals: Ethics and Law." Journal of Applied Animal Ethics Research 3, no. 1 (April 12, 2021): 153–75. http://dx.doi.org/10.1163/25889567-bja10013.
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Abstract Although the sterilization of pregnant companion animals occurs regularly in private veterinary clinics and animal shelters, there is growing concern amongst veterinarians and animal welfare supporters about the appropriateness of carrying out this procedure. The ethical and legal perspectives of the procedure have not been widely discussed in the available literature. This paper aims to remedy this situation. It considers the sterilization of pregnant companion animals using four ethical frameworks: animal rights, utilitarian, relational and contractarian. The possible interests of all involved parties, including the animal itself, the unborn young, the veterinarian, shelter and clinic staff, and the wider community are included. Where the science on companion animals in this area is limited, the paper draws on science involving other species. The legal aspects are discussed with analogies to human abortion laws. The paper concludes by providing a framework that veterinarians and others can use when making ethical decisions.
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Jaynes, M. "The Response of College Freshmen to the Ethics of Animal Rights: An Example of Applied Learning Theory." Ethical Human Psychology and Psychiatry 14, no. 3 (2012): 202–9. http://dx.doi.org/10.1891/1559-4343.14.3.202.
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A telling arena for observing ethical human behavior is the human treatment of nonhuman animals. How one treats or mistreats animals is a decision mostly grounded in his or her ethical beliefs. This article examines animal ethics and discusses the value of intrinsic motivation through the lens of teaching a freshman animal ethics. In addition, this opinion piece argues the merit of the pass/fail paradigm in lieu of the traditional grading paradigm by using the triad of Kohn’s (1999) intrinsic motivation, Thorndike’s (1913) law of readiness, and Bandura’s (1997) social cognitive notion of self-regulation while exploring the human ethical notions related to learning about animal rights.
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Watanabe, Mirian, Cassiane Dezoti da Fonseca, and Maria de Fatima Fernandes Vattimo. "Instrumental and ethical aspects of experimental research with animal models." Revista da Escola de Enfermagem da USP 48, no. 1 (February 2014): 177–83. http://dx.doi.org/10.1590/s0080-623420140000100023.
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Experimental animal models offer possibilities of physiology knowledge, pathogenesis of disease and action of drugs that are directly related to quality nursing care. This integrative review describes the current state of the instrumental and ethical aspects of experimental research with animal models, including the main recommendations of ethics committees that focus on animal welfare and raises questions about the impact of their findings in nursing care. Data show that, in Brazil, the progress in ethics for the use of animals for scientific purposes was consolidated with Law No. 11.794/2008 establishing ethical procedures, attending health, genetic and experimental parameters. The application of ethics in handling of animals for scientific and educational purposes and obtaining consistent and quality data brings unquestionable contributions to the nurse, as they offer subsidies to relate pathophysiological mechanisms and the clinical aspect on the patient.
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Alexius Borgström, Katarina. "Animal Experiment Regulations as a Part of Public Law." European Public Law 15, Issue 2 (April 1, 2009): 197–205. http://dx.doi.org/10.54648/euro2009015.
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This article describes the Swedish rules about experiments on animals and the function of the Swedish animal ethics experimentation committees. A small survey of the rules about experiments on animals in Norway, Denmark, Finland, England and Wales, and the EU, is included. The Swedish rules on animal experimentation are examined in order to see how their form and functions relate to theories about different kinds of decision making in public law. The extents to which the rules agree with the aims of the law and with existing normative patterns are also examined. The difficulties to handle the ethical weighting between the importance of the experiment and the suffering of the animals are discussed.
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Wasserman. "Noahide Law, Animal Ethics, and Talmudic Narrative." Journal of Jewish Ethics 5, no. 1 (2019): 40. http://dx.doi.org/10.5325/jjewiethi.5.1.0040.
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Arif Fahmi Md Yusof. "Best Practice for the Care and Use of Animals in Experimentation: A Malaysian Perspective." Ulum Islamiyyah 30 (April 1, 2020): 13–26. http://dx.doi.org/10.33102/uij.vol30no.202.
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Passing federal laws and national guidelines is one of the best revenues to protect animals used in experimentation. The laws can establish standards of care for animals in scientific research such as housing standards and treatment for the animals. At international level, animal ethics and law for the care and use of animal in experimentation have been widely discussed for decades ago. There are several well-known international documents and guidelines that have been referred by many countries when constructing their own federal laws governing the subject matter. They are Terrestrial Code, European Directives, and International Guiding Principles for Biomedical Research Involving Animals. In Malaysia, the Animal Welfare Act 2015 finally has been enforced on 18th July 2017 where the Act among others will regulate the use of animal for scientific purposes in the country. Besides, it will validate the practice of Institutional Animal Care and Use Committee (IACUC) which was based on self-regulation before the enactment of the Act and the Act is significant of having legal enforcement in order to give better protection to the animals subjected to experimentation. Thus, the law has taken its role in enhancing the animal ethics for the care and use of animal in science in Malaysia. This paper aims to analyses the provisions of law in several international documents governing the subject matter that reflect the international practice. Then it will look into the practice of research institutions in Malaysia, applying the existing animal ethics and law in the subject matter. This paper adopts doctrinal approach considering primary and secondary sources of law. Relevant to this, Animal Welfare Act 2015 (AWA) and Malaysian Code of Practice for the Care and Use of Animals for Scientific Purposes (My Code) are analysed. Besides, it also employed empirical study by way of interviews and observation. This paper is significant to inform the practice of animal ethics at international level to be learned by Malaysia as the country is still at an early stage of having the new Act.
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Contreras López, Carlos Andrés. "Crónica Animal Law and Ethics Conference, Zurich 2012." Derecho Animal. Forum of Animal Law Studies 3, no. 3 (August 1, 2012): 1. http://dx.doi.org/10.5565/rev/da.181.
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Bloch, I. "Animal ethics in the 19th century and Swiss animal protection law." Schweiz Arch Tierheilkd 160, no. 1 (January 5, 2018): 51–56. http://dx.doi.org/10.17236/sat00143.
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Frasch, Pamela. "Addressing Animal Abuse: The Complementary Roles of Religion, Secular Ethics, and the Law." Society & Animals 8, no. 3 (2000): 331–48. http://dx.doi.org/10.1163/156853000511159.
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AbstractThis paper examines the role that religious belief plays in societies' treatment of nonhuman animals, first asking two questions. Does religious belief continue to play a role today in societies' treatment of nonhuman animals, and should it? The paper discusses the interaction of (a) religion, (b) secular ethics, and (c) the law. As with a three-legged stool, each leg or component relies on the next for support. Religious values and claims, as features of the ethical framework by which many people live, have daily implications for nonhuman animals. On a sliding scale, negative to positive, a religious point of view may affect other animals in different ways. Beliefs - religious in nature and origin - about other animals sometimes stand behind the claims and ethical formulations of avowedly nonreligious people and institutions and may be of some interest to philosophers and historians. The paper concludes that only through consideration and involvement of the three separate, yet inter-connected, components can animal abuse be effectively addressed.
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Fraschl, Pamela D. "Addressing Animal Abuse: The Complementary Roles of Religion, Secular Ethics, and the Law." Society & Animals 8, no. 1 (2000): 331–48. http://dx.doi.org/10.1163/156853000x00200.
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AbstractThis paper examines the role that religious belief plays in societies' treatment of nonhuman animals, first asking two questions. Does religious belief continue to play a role today in societies' treatment of nonhuman animals, and should it? The paper discusses the interaction of (a) religion, (b) secular ethics, and (c) the law. As with a three-legged stool, each leg or component relies on the next for support. Religious values and claims, as features of the ethical framework by which many people live, have daily implications for nonhuman animals. On a sliding scale, negative to positive, a religious point of view may affect other animals in different ways. Beliefs - religious in nature and origin - about other animals sometimes stand behind the claims and ethical formulations of avowedly nonreligious people and institutions and may be of some interest to philosophers and historians. The paper concludes that only through consideration and involvement of the three separate, yet inter-connected, components can animal abuse be effectively addressed.
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Chan, Benedict S. B. "Animal Ethics, International Animal Protection and Confucianism." Global Policy 6, no. 2 (February 11, 2015): 172–75. http://dx.doi.org/10.1111/1758-5899.12194.
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Hölker, Sarah, Marie von Meyer-Höfer, and Achim Spiller. "Animal Ethics and Eating Animals: Consumer Segmentation Based on Domain-Specific Values." Sustainability 11, no. 14 (July 18, 2019): 3907. http://dx.doi.org/10.3390/su11143907.
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For a sustainable diet, especially with regard to animal welfare, human health, and environmental issues, a significant reduction in the consumption of animal source foods is essential. The most frequently reported motivations for a meat-reduced or meat-free diet are ethical concerns about animal welfare. This study realizes one of the first consumer segmentations in the context of the human–animal relationship based on domain-specific values; animal ethics. Such a consumer segmentation is relatively stable over time and encompasses the issue of the human–animal relationship in its entirety without limiting itself to a specific question. Based on a comprehensive consumer survey in Germany and by means of a three-step cluster analysis, five consumer segments characterized by different animal-ethical value profiles were defined. A subsequent analysis revealed a link between animal ethics and diet. As a key result, relationism as an animal-ethical position seems to play a key role in the choice of a sustainable diet. About a quarter of the population is characterized by a combination of animal welfare-oriented ethical positions with a clear rejection of relationism, i.e., they do not distinguish between farm animals and companion animals. This specific combination of animal-ethical values is associated with a significantly above-average proportion of flexitarians and vegetarians. Thus, the study contributes to a deeper understanding of existing animal-ethical values and their link to the choice of diet.
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De Briyne, Nancy, Jovana Vidović, David B. Morton, and Manuel Magalhães-Sant’Ana. "Evolution of the Teaching of Animal Welfare Science, Ethics and Law in European Veterinary Schools (2012–2019)." Animals 10, no. 7 (July 21, 2020): 1238. http://dx.doi.org/10.3390/ani10071238.
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Nowadays, animal welfare is seen as a ‘common good’ and a societal expectation. Veterinarians are expected to promote and ensure the welfare of animals under their care by using their scientific knowledge and skills in ethical reasoning and advocacy. Veterinary education must equip veterinary graduates with the necessary competences to fulfil these roles. In 2013, the Federation of Veterinarians of Europe (FVE) and the European Association of Establishment of Veterinary Education (EAEVE) adopted the Day-1 competences on animal welfare science, ethics and law for veterinary undergraduate education after having surveyed European veterinary schools in 2012. In 2019, the FVE carried out a follow-up survey to monitor the evolution of animal welfare teaching in Europe. A total of 82 responses were received, representing 57 faculties from 25 European countries. Overall results showed that the teaching of animal welfare science, ethics and law has increased in response to growing societal needs, and that welfare is more and more internally embedded in the profession, which is reflected in the curriculum. Nevertheless, at least one quarter of European schools still only partially meet the 2013 Day-1 competencies. This indicates the need for greater efforts, both from the EAEVE and from individual schools, to ensure that the teaching of animal welfare across Europe is standardised.
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BABIŃSKA, IZABELLA, IRENEUSZ SOŁTYSZEWSKI, JUSTYNA KARAŹNIEWICZ, JÓZEF SZAREK, MARIUSZ Z. FELSMANN, and ANDRZEJ DZIKOWSKI. "Veterinary necropsy in the light of ethics and law." Medycyna Weterynaryjna 75, no. 05 (2019): 6281–2019. http://dx.doi.org/10.21521/mw.6281.
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Legal norms determine the rules for conducting a veterinary necropsy to a limited extent, leaving the regulation of this matter to the veterinary art. The norms of binding Polish law and rules of veterinary professional ethics in relation to conducting a necropsy are analyzed and interpreted. The ethical and legal aspects of the veterinary surgeon’s activities have been highlighted. Non-observance of these rules during the post-mortem examination of animals may result in the incompatibility of the proceedings with the principle of acting lege artis, the effect of which is civil and professional liability. Moreover, when the section was commissioned by the authorities, inappropriate conditions or the manner in which it was carried out (including legal and ethical premises) may diminish the meaning of the section protocol as evidence. It should be remembered that animal corpses are subject to obligatory utilization, so in the vast majority of cases the section protocol is the only documentation and it cannot raise the slightest doubt, which may be the case in the failure to observe the discussed principles of performing a posthumous examination of animals. Considering that every veterinary surgeon may be appointed by various institutions (i.e. courts, police, prosecutor, insurance company) to conduct the necropsy, it is advisable to familiarize this professional group of public trust with the ethical and legal aspects of its implementation.
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Andreozzi, Matteo. "Humans’ Best Friend? The Ethical Dilemma of Pets." Relations, no. 2 (November 2013): 23–35. http://dx.doi.org/10.7358/rela-2013-002-andr.
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The main aim of this paper is to demonstrate the need for a reassessment of the moral status of pets. I argue that pets rest on an undefined ethical borderline, which brings several puzzling problems to both human-centered ethics and animal ethics and that neither of these fields adequately handles these issues. I focus specifically on human relationships with companion animals as one of the most significant interspecific relationship involving humans and pets. I also show that a deeper questioning of the moral status of pets is a required step toward the moral rethinking of human-animal relationships.
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Mishori, Daniel. "Environmental Vegetarianism: Conflicting Principles, Constructive Virtues." Law & Ethics of Human Rights 11, no. 2 (January 26, 2017): 253–84. http://dx.doi.org/10.1515/lehr-2017-0008.
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Abstract This Article contemplates the environmental argument in favor of vegetarianism or veganism, while reviewing its historical development and relevance to the current environmental debate. Today there is an apparent synergy between ecological ethics and animal rights discourse; nevertheless, this presents an inherent paradox. Whereas the moral, environmental and health arguments advocating for vegetarianism and veganism seem to reinforce one another, conflicts may also arise between them. Under certain conditions, the environmental stance may lead to different and perhaps even contradictory attitudes about the raising of livestock and the permissibility of animal-based food. Therefore, this Article first addresses the affinities and conflicts between both versions of non-anthropocentric ethics: biocentrism (individual animals’ rights and welfare) and ecocentrism (intrinsic value of nature and ecosystems). It then examines the historical development and creeds of environmental vegetarianism, and reviews the debates on the precise impact of animal-based food products on the environment. It suggests that recent estimations of the negative impacts underlying the argument for environmental vegetarianism depend on currently unsustainable (and utterly unethical) practices of factory farming and industrialized agriculture. These facts could change if such destructive methods were halted and replaced by sustainable practices which, perhaps, may sometimes tolerate or even require livestock and the ecological services it provides in order to grow sustainable plant-based food. However, many activists still hold both biocentric and ecocentric values, and see them as different facets of their non-anthropocentric intuitions. In order to account for such intuitions, the paper shortly explores two concepts: the mixed society (of both humans and domesticated animals) and virtue ethics. A mixed non-anthropocentric ecological society might not be strictly vegetarian (e. g., semi-vegetarian or even carnistic) and still be environmentally sustainable. In such a sustainable society, caring for nature and non-human animals are considered righteous, even virtuous, and “biophilic” intuitions could be respected and even reinforced, without being committed to strict ethical biocentric principles. Virtue ethics could provide ways to communicate different non-anthropocetric intuitions in such an ecological mixed society, where moral values and intuitions regarding both individual animals and holistic nature is respected, even if certain dilemmas and conflicts between non-anthropocentric ethical positions still prevail.
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Persson, Kirsten, Felicitas Selter, Gerald Neitzke, and Peter Kunzmann. "Philosophy of a “Good Death” in Small Animals and Consequences for Euthanasia in Animal Law and Veterinary Practice." Animals 10, no. 1 (January 13, 2020): 124. http://dx.doi.org/10.3390/ani10010124.
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Moral stress is a major concern in veterinary practice. Often, it is associated with the challenges in end-of-life situations. Euthanasia, however, is also meant to bring relief to animal patients and their owners. The reasons for the moral strain euthanizing animals causes to professional veterinarians need to be further clarified. This article investigates “euthanasia” from a philosophical, legal, and practical perspective. After introducing relevant aspects of euthanasia in small animal practice, the term is analyzed from an ethical point of view. That includes both a broad and a narrow definition of “euthanasia” and underlying assumptions regarding different accounts of animal death and well-being. Then, legal and soft regulations are discussed with regard to the theoretical aspects and practical challenges, also including questions of personal morality. It is argued that the importance of ethical definitions and assumptions concerning euthanasia and their intertwinement with both law and practical challenges should not be neglected. The conclusion is that veterinarians should clarify the reasons for their potential discomfort and that they should be supported by improved decision-making tools, by implementation of theoretical and practical ethics in veterinary education, and by updated animal welfare legislation.
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Varoni, Maria V., Pier A. Serra, and Eraldo Sanna Passino. "Student insights towards animal welfare science and law. Survey results from Sassari University, Italy." Science Progress 106, no. 1 (January 2023): 003685042211500. http://dx.doi.org/10.1177/00368504221150071.
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In this paper, we describe the results of an online survey consisting of 23 questions created to evaluate the knowledge and interest on animal welfare by students attending 15 different scientific, medical, and biomedical courses at University of Sassari, Italy. The survey collected students’ demographic data, level of knowledge both on animal welfare and 3Rs, as well as their opinions on animal experimentation. The majority of the cohort was female and over 24 years of age. About a third of the students responded that their graduate programme included subjects that taught science, ethics, and animal welfare legislation. Just 21.2% of respondents had heard about the concept of 3Rs. About a quarter of the students believed that animal models can be replaced by in vitro and in silico methods while half believed that both are needed. However, 70% of the participants did not know the existence of an Ethics and Animal Welfare Committee. The result showed the importance of an Animal Welfare Course for the professional future of a larger number of students and underlined the key role of veterinary medicine in promoting ethics and animal experimentation.
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Berkowitz, Beth. "Animal Studies and Ancient Judaism." Currents in Biblical Research 18, no. 1 (August 30, 2019): 80–111. http://dx.doi.org/10.1177/1476993x19870386.
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Animal studies has its origins in philosophy but extends to all fields of the humanities, especially literature, history, and anthropology. The central concern of animal studies is how human beings perceive other species and themselves as one among them. Animal studies in ancient Judaism has generally not been undertaken in a critical mode, with notable and increasing exceptions. This article covers work from the past decade (2009–2019) that deals centrally with animals, from ancient Israel to late antiquity, spanning the Hebrew Bible, apocrypha and pseudepigrapha, library of Qumran, rabbinic literature, and material culture. Topics addressed are animal sacrifice and consumption; literary depictions of animals; studies of individual animal species; archaeology and art featuring animals; animal ethics, theology, and law; and critical theoretical approaches to species difference. The conclusion considers future directions for animal studies in ancient Judaism.
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Jörgensen, Svea, Johan Lindsjö, Elin M. Weber, and Helena Röcklinsberg. "Reviewing the Review: A Pilot Study of the Ethical Review Process of Animal Research in Sweden." Animals 11, no. 3 (March 5, 2021): 708. http://dx.doi.org/10.3390/ani11030708.
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The use of animals in research entails a range of societal and ethical issues, and there is widespread consensus that animals are to be kept safe from unnecessary suffering. Therefore, harm done to animals in the name of research has to be carefully regulated and undergo ethical review for approval. Since 2013, this has been enforced within the European Union through Directive 2010/63/EU on the protection of animals used for scientific purposes. However, critics argue that the directive and its implementation by member states do not properly consider all aspects of animal welfare, which risks causing unnecessary animal suffering and decreased public trust in the system. In this pilot study, the ethical review process in Sweden was investigated to determine whether or not the system is in fact flawed, and if so, what may be the underlying cause of this. Through in-depth analysis of 18 applications and decisions of ethical reviews, we found that there are recurring problems within the ethical review process in Sweden. Discrepancies between demands set by legislation and the structure of the application form lead to submitted information being incomplete by design. In turn, this prevents the Animal Ethics Committees from being able to fulfill their task of performing a harm–benefit analysis and ensuring Replacement, Reduction, and Refinement (the 3Rs). Results further showed that a significant number of applications failed to meet legal requirements regarding content. Similarly, no Animal Ethics Committee decision contained any account of evaluation of the 3Rs and a majority failed to include harm–benefit analysis as required by law. Hence, the welfare may be at risk, as well as the fulfilling of the legal requirement of only approving “necessary suffering”. We argue that the results show an unacceptably low level of compliance in the investigated applications with the legal requirement of performing both a harm–benefit analysis and applying the 3Rs within the decision-making process, and that by implication, public insight through transparency is not achieved in these cases. In order to improve the ethical review, the process needs to be restructured, and the legal demands put on both the applicants and the Animal Ethics Committees as such need to be made clear. We further propose a number of improvements, including a revision of the application form. We also encourage future research to further investigate and address issues unearthed by this pilot study.
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Johnson, Lisa. "Animals, Law, and Power (Robert Garner and Siobhan O'Sullivan, eds. The Political Turn in Animal Ethics)." Humanimalia 11, no. 1 (September 12, 2019): 141–49. http://dx.doi.org/10.52537/humanimalia.9483.
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Korsgaard, Christine M. "PERSONHOOD, ANIMALS, AND THE LAW." Think 12, no. 34 (2013): 25–32. http://dx.doi.org/10.1017/s1477175613000018.
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The idea that all the entities in the world may be, for legal and moral purposes, divided into the two categories of ‘persons’ and ‘things’ comes down to us from the tradition of Roman law. In the law, a ‘person’ is essentially the subject of rights and obligations, while a thing may be owned as property. In ethics, a person is an object of respect, to be valued for her own sake, and never to be used as a mere means to an end, while a thing has only a derivative value, and may be used as a means to some person's ends. This bifurcation is unfortunate because it seems to leave us with no alternative but to categorize everything as either a person or a thing. Yet some of the entities that give rise to the most vexing ethical problems are exactly the ones that do not seem to fit comfortably into either category. For various, different, kinds of reasons, it seems inappropriate to categorize a fetus, a non-human animal, the environment, or an object of great beauty, as a person, but neither does it seem right to say of such things that they are to be valued only as means.
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Lopes, Anderson Soares, and Paulo Santos Almeida. "Environmental Law and Sustainable Tourism: critical analysis between environmental ethics and interests in relation to non-human animal life." Revista Gestão & Políticas Públicas 6, no. 2 (December 31, 2016): 187–200. http://dx.doi.org/10.11606/issn.2237-1095.v6p187-200.
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ABSTRACT This study aims to investigate the exploitation of animal life in tourism observed in certain tourist destinations, such as Jenipabu/RN, which uses dromedaries from the Canary Islands in ethical mismatch. As observed hypotheses, tourism as an economic activity does not share the parameters associated with the preservation of life and sustainability and the use of animals in tourism comes to constitute the reproduction of cases related to the exploitation and violation of animal rights, non-human lives. It is analyzed the evaluation of tourism development of a destination that uses nonhuman life in this activity in certain regions of Brazil. Through exploratory research and qualitative method, it investigates the bibliography, original documentation and articles that address sustainability parameters in Brazilian Environmental Law and tourism, through which it was diagnosed a sustainable development mean for the sector, since this activity tends to reach a factor of preservation of the fauna by contributing to conservation funds. As preliminary conclusion, it is stated that tourism planning needs to share guidelines to ensure the maintenance of animal life for inspection by the responsible agencies, particularly in organizations that use animals in their routine activities, and to encourage the creation and participation of multiple actors in courses of environmental education by promoting parameters of awareness of the maintenance and conservation of non-human life.Keywords: environmental law; sustainable tourism; environmental ethics; sustainability; non-human.
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Arnhart, Larry. "Thomistic Natural Law as Darwinian Natural Right." Social Philosophy and Policy 18, no. 1 (2001): 1–33. http://dx.doi.org/10.1017/s0265052500002776.
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The publication in 1975 of Edward O. Wilson's Sociobiology provoked a great controversy, for in that work Wilson claimed that ethics was rooted in human biology. On the first page of the book, he asserted that our deepest intuitions of right and wrong are guided by the emotional control centers of the brain, which evolved via natural selection to help the human animal exploit opportunities and avoid threats in the natural environment. In 1998, the publication of Wilson's Consilience renewed the controversy, as he continued to argue for explaining ethics through the biology of the moral sentiments.
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Aerni, Philipp. "The Ethics of Farm Animal Biotechnology from an Anthropological Perspective." Sustainability 13, no. 7 (March 25, 2021): 3674. http://dx.doi.org/10.3390/su13073674.
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Over the past 11,000 years, humans have domesticated a wide range of animals for different purposes designed to serve the human economy, society, and religious activities. The resulting mutual dependence between humans and their domestic partners created anthropogenic landscapes designed to sustain and protect their members. In this paper, we review the literature on the latest insights in interdisciplinary anthropological research on the evolution of animal domestication and breeding and put them in the context of the contemporary ethical debate on animal welfare and the application of modern biotechnology to animal breeding. Opponents of the use of animal biotechnology tend to see breeders often as enablers of industrial farming that would seek selective business advantage at the expense of the environment and animal welfare. Many applications of animal biotechnology may, however, also help to address environmental and animal welfare concerns in an effective way. Moreover, recent archeological and genetic research findings on the history of animal domestication reveal a distinctive kind of mutualism in the human–animal relationship based on a gradual co-evolutionary process with clear benefits for both parties in the relationship. These insights challenge the popular Neo-Darwinian account of unilateral adaptation only benefiting the more powerful party. Instead, they support the hypothesis that humans do not just adapt, but actively shape the environment through cultural niche construction (CNC) that also involves care and protection for domesticated animals. These empirical findings should also be taken into account in the contemporary ethical debate on animal welfare, which has become increasingly detached from the real-world efforts to improve animal welfare through best practices.
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DeGrazia, David. "Jeremy R. Garrett (ed), The Ethics of Animal Research." Journal of Value Inquiry 49, no. 3 (February 9, 2014): 485–90. http://dx.doi.org/10.1007/s10790-014-9414-4.
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Cupp, Richard L. "Bioethics and the Explosive Rise of Animal Law." American Journal of Bioethics 9, no. 5 (May 14, 2009): 1–2. http://dx.doi.org/10.1080/15265160902847953.
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Ramalli Jr., Edvaldo Luiz, Wanli Ho, Mônica Alves, and Eduardo Melani Rocha. "Progress in animal experimentation ethics: a case study from a Brazilian medical school and from the international medical literature." Acta Cirurgica Brasileira 27, no. 9 (September 2012): 659–63. http://dx.doi.org/10.1590/s0102-86502012000900012.
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PURPOSE: This study describes in Brazil and in the global biomedical community the time course of the development of animal research welfare guidelines. METHODS: The database of the Ethics Committee of the Faculty of Medicine of Ribeirao Preto (EC/FMRP-USP), Brazil, was surveyed since its inception in 2002 as the regulations became more stringent to provide better protection of animal research welfare at this institution. Medline database was evaluated to identify the number of publications in the period between 1968 and 2008 that used research animals and were in compliance with established ethics guidelines. RESULTS: The EC/FMRP-USP evaluated 979 projects up until 2009. Most of the applications came from Department of Physiology and the most frequently requested species was the rat. In 2004, national research funding agencies started to request prior approval from institutional review ethics committees prior to application review and this requirement became federal law in Brazil in 2008. The analysis of international publications revealed a relative reduction in studies involving research animals (18% in 1968 to 7.5% in 2008). CONCLUSIONS: The present work showed that in the last four decades major changes occurred in the guidelines dictating use of research animals occurred and they are being adopted by developing countries. Moreover, animal welfare concern in the scientific community preceded the introduction of journal guidelines for this purpose. Furthermore, in Brazil it was anticipated that laws were needed to protect animal research welfare from being not upheld.
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Greenhough, Beth, and Emma Roe. "Exploring the Role of Animal Technologists in Implementing the 3Rs." Science, Technology, & Human Values 43, no. 4 (August 10, 2017): 694–722. http://dx.doi.org/10.1177/0162243917718066.
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The biomedical industry relies on the skills of animal technologists (ATs) to put laboratory animal welfare into practice. This is the first study to explore how this is achieved in relation to their participation in implementing refinement and reduction, two of the three key guiding ethical principles––the “3Rs”––of what is deemed to be humane animal experimentation. The interpretative approach contributes to emerging work within the social sciences and humanities exploring care and ethics in practice. Based on qualitative analysis of participant observation within animal research facilities in UK universities, in-depth interviews with ATs, facility managers, and other stakeholders, and analysis of regulatory guidelines, we draw a contrast between the minimum required of ATs by law and how their care work not only meets but often exceeds these requirements. We outline how ATs constitute a key source of innovation and insight into the refinement of animal care and the reduction of animal use, hitherto not formally acknowledged. Exploring AT care work as an example of ethics in practice makes an original contribution to broader debates within health care and animal welfare about how technology, regulation, and behavior can foster and sustain a “culture of care”.
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Little, Janine. "Tracks to Advocacy." Asia Pacific Media Educator 24, no. 2 (December 2014): 257–68. http://dx.doi.org/10.1177/1326365x14555287.
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This article considers the role of animal rights-based journalism and its connection to teaching media law and ethics to undergraduate students in an Australian university arts faculty. An anecdotal discussion of a reflective practice informing the teaching of an undergraduate course in a journalism major relates questions of ethics and law to broader considerations of the role of advocacy in and around journalism, and media practice. It is argued that animal rights-related stories have a role in training media professionals, and also in inspiring journalists to envision their own work as part of the democratic mechanisms of social and legal reform in Australia.
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Wiles, Siouxsie. "There is more to the 3Rs than Replacement: Reduction and Refinement in animal experimentation." Biochemist 36, no. 3 (June 1, 2014): 34–36. http://dx.doi.org/10.1042/bio03603034.
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According to Wikipedia, the earliest references to animal experimentation appear in Greek writings of the 2nd and 4th Century BC1. Needless to say, we have come a long way in the intervening years. Animal experimentation is now regulated by law in many countries. ‘Animal ethics committees’, typically made up of lay people, scientists and vets, are required to undertake a cost–benefit analysis for proposed projects, weighing up the likely benefit to society against any harm and suffering animals may experience. Furthermore, the ethical framework first described by William Russell and Rex Burch in their seminal 1959 publication2 – the so-called 3Rs: the use of non-animal methods to achieve the same scientific goals (replacement), or where this is not possible, that researchers use methods which cause the minimum pain and suffering (refinement) while also obtaining the best information possible from the fewest number of animals (reduction) – is now also a legal requirement in many countries. Thanks in part to initiatives such as the UK's National Centre for the Replacement, Refinement and Reduction of Animals in Research (NC3Rs), recent years have seen a massive increase in the number of techniques developed which aim to replace the use of animals in research, teaching and testing, an achievement which should be celebrated.
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Bradshaw, R. H. "The Ethical Review Process in the UK and Australia: The Australian Experience of Improved Dialogue and Communication." Animal Welfare 11, no. 2 (May 2002): 141–56. http://dx.doi.org/10.1017/s0962728600028116.
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AbstractA study was carried out in Australia and the UK of the legislation and procedures relating to the welfare and use of animals in scientific research. In Australia, a National Code of Practice for the Care and Treatment of Laboratory Animals has been adopted and it is a legal obligation for all Institutions to adhere to the Code. Each institution has an Animal Ethics Committee (AEC) responsible for ethical review and animal welfare which must include, within certain stipulated parameters, a veterinarian, a research scientist, a member of a rights/welfare organisation and an additional lay member. In the UK the situation is different, as the Home Office directly administers the law regarding the use of animals in research. In April 1999 the Ethical Review Process (ERP) was introduced; every Institution must establish an ERP which must include a named veterinarian and representatives from the Animal Care and Welfare Officers and others. In both countries great emphasis is placed on the principles of replacement, reduction and refinement in experimental research. Substantial differences in culture and ethical review structure between the two countries are identified. However, various recommendations are outlined, based on the Australian experience, to build on existing structures and further develop the UK ERP. These recommendations should be seen as long-term aims and seek to further improve animal welfare through facilitating communication, increasing accountability and creating an environment conducive to open discussion.
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Zwolińska, Justyna, and Sylwia Żakowska-Biemans. "Is an Animal Welfare Label Enough? Role of Farm Animal Welfare Voluntary Labelling Schemes in the Development of Sustainable Livestock Production." Proceedings 73, no. 1 (December 2, 2020): 8. http://dx.doi.org/10.3390/ieca2020-08831.
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Intensive livestock production devoid of elementary foundations for the welfare of farm animals is nowadays identified as one of the main factors contributing to the growing environmental and social threats. Public opinion associates the welfare of farm animals with values relating to health, food quality, ethical approach to animals and protection of the environment and climate. Accordingly, the social conceptualization of farm animal welfare plays an important role in guiding EU policy and developing animal welfare law. It also becomes a prerequisite for solving social and environmental problems resulting from intensive animal production. Farm animal welfare is an intangible and credence attribute of food and as such requires a means of informing consumers about it. The most preferred form of communication about the welfare level of farm animals among consumers are farm animal welfare labels. Both consumer preferences and their expectations of how farm animal welfare is communicated are reflected in the development of public and private food labelling systems in the European Union. Therefore, the main aim of the study was to analyse the selected farm animal welfare voluntary labelling schemes in terms of their potential for the development of sustainable animal production in the EU. The result of the study shows the differences and similarities in this respect between public and private systems, in relation to four criteria—values associated by consumers with the welfare of farm animals—health, food quality, ethics and environmental protection. We provide an overview of these systems and their role in increasing farm animal welfare standards. We conclude that it is particularly important to verify if the shift from production-related concern to social and consumer-related concern can constitute a sufficient and effective form for a systemic change transforming current animal production into production based on higher livestock welfare standards.
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Main, D. C. J., P. Thornton, and K. Kerr. "Teaching Animal Welfare Science, Ethics, and Law to Veterinary Students in the United Kingdom." Journal of Veterinary Medical Education 32, no. 4 (December 2005): 505–8. http://dx.doi.org/10.3138/jvme.32.4.505.
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Penco, Susanna, and Rosagemma Ciliberti. "Ethics for the Living World: Alternative Methods and New Strategies for the Protection of Nonhuman Animals." Relations, no. 2 (November 2013): 49–65. http://dx.doi.org/10.7358/rela-2013-002-penc.
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The use of animals in laboratories is a controversial issue involving much dispute between the researchers who support animal experimentation and those who are in favor of its abolishment. The former, whilst criticizing the emotional behavior of those who oppose it, consider experimentation on animals unavoidable, whereas the latter criticize animal experiments and the underlying logic as erroneous considering its methods unscientific and therefore misleading. This paper stems from the idea of researching into possible ways of developing or improving new alternative strategies for animal experimentation by finding adequate solutions beyond dogmatic opposition in the context of the current European Directive 2010/63/EU (the main reference point for the experimentation on animals) for the protection of animals used for scientific purposes. More specifically the paper aims at offering the readers a working proposal, while duly respecting the protocol for the post mortem donation of their own corpses for the purposes of study and research. As we believe diseases need to be cured and not only treated, we are advocating post mortem studies on organs which could lead to the discovery of the causes of unknown etiological pathologies. The commitment to the implementation of constantly new and innovative alternatives concerning animal experimentation is right and proper, especially in the light of the ‘enormous debt’ which the Italian National Bioethics Committee stated that mankind has towards nonhuman living beings.
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DZIKOWSKI, ANDRZEJ. "Veterinary surgeons’ legal obligations in sales-related animal health status examinations." Medycyna Weterynaryjna 77, no. 06 (2021): 309–13. http://dx.doi.org/10.21521/mw.6540.
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The article presents, interprets, analyzes and examines legal obligations of veterinary surgeons who conduct animal examinations, issue decisions on animal health, and prepare opinions in connection with the contract of sale. It examines responsibilities originating from various sources and forming a complex system of relationships. A veterinary surgeon has numerous obligations in the field of civil law (including general civilian rules and norms of the law of obligations) and corporate law (including ethics and professional deontology). Moreover, he also has specific documentation, information, and explanatory duties closely related to the contract. The liability threshold of a veterinary surgeon is very low, which applies in particular to the mixed contract discussed here (an obligation of due diligence in relation to examination and an obligation of result in relation to decision-making).
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BOVENKERK, BERNICE, FRANS STAFLEU, RONNO TRAMPER, JAN VORSTENBOSCH, and FRANS W. A. BROM. "To Act or Not to Act? Sheltering Animals from the Wild: A Pluralistic Account of a Conflict between Animal and Environmental Ethics." Ethics, Place & Environment 6, no. 1 (March 2003): 13–26. http://dx.doi.org/10.1080/13668790303539.
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HÄYRY, MATTI. "Causation, Responsibility, and Harm: How the Discursive Shift from Law and Ethics to Social Justice Sealed the Plight of Nonhuman Animals." Cambridge Quarterly of Healthcare Ethics 29, no. 2 (March 11, 2020): 246–67. http://dx.doi.org/10.1017/s096318011900104x.
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AbstractMoral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm is inflicted on humans, policies concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals.
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Safitri, Myrna Asnawati, and Firman Firman. "Animal Welfare and Covid-19 in Indonesia: A Neglected Legal Issue." Hasanuddin Law Review 7, no. 1 (April 1, 2021): 1. http://dx.doi.org/10.20956/halrev.v7i1.2502.
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The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and regulations concerning animal welfare and zoonosis control. This article presents our study's findings investigating how the animal welfare law is applicable to protect the animals from Covid-19. Using the method of normative legal analysis, we found several weaknesses in the legal norms. We also observed how the ethics of anthro-pocentrism and ecocentrism compete in animal welfare laws.
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Kopnina, Helen. "Animal Representation in the Dutch Media through Environmental Ethics." Environmental Processes 1, no. 3 (June 28, 2014): 311–22. http://dx.doi.org/10.1007/s40710-014-0025-7.
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Braverman, Irus. "Law's Underdog: A Call for More-than-Human Legalities." Annual Review of Law and Social Science 14, no. 1 (October 13, 2018): 127–44. http://dx.doi.org/10.1146/annurev-lawsocsci-101317-030820.
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Questions pertaining to the role of nonhumans in law shed light on some of the most fundamental assumptions and constructions of contemporary modern law. I start by reviewing the traditions of animal welfare and animal rights in legal studies and by discussing the constitutional frameworks that contend with the animal. Then, I move beyond the individual-based discourse of much existing animal law to contemplate ecological traditions that consider nonhuman populations and species as well as land ethics and ecosystem management. Next, I review the rich literature that has emerged in the last two decades in critical theory, mainly posthumanism and its subtraditions of animal geographies and multispecies ethnography. Finally, I sketch visions of more-than-human legalities that push beyond the limitations of existing (neo)liberal legal traditions, pausing to consider what ocean, or blue, legalities might look like. Throughout, I argue that we need to move toward a dynamic and pluralistic approach that acknowledges the myriad ways of being in the world, their significance to law, and, in turn, law's significance to these other modes of existence.
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Hobbs, A. L., J. E. Hobbs, G. E. Isaac, and W. A. Kerr. "Ethics, domestic food policy and trade law: assessing the EU animal welfare proposal to the WTO." Food Policy 27, no. 5-6 (October 2002): 437–54. http://dx.doi.org/10.1016/s0306-9192(02)00048-9.
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De Villiers, Jan-Harm. "Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights." Potchefstroom Electronic Law Journal 21 (December 13, 2018): 1–29. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a5320.
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This article undertakes a critical analysis of subjectivity and exposes the metaphysical and anthropocentric quasi-transcendental conditions that give rise to the construct(ion) of the Subject. I locate a critical moment for the metaphysical Subject in the work of Martin Heidegger which, whilst sadly not sustained in his later writings, provides a point of departure for an examination of the significance that animality plays in the metaphysical tradition and its constitutive relation to the construct of subjectivity. I discern this relation to be violent and sacrificial and draw on Jacques Derrida's nonanthropocentric ethics against the background of Drucilla Cornell's ethical reading of deconstruction to construct a critique of approaches that assimilate animals to the traditional model of subjectivity in order to represent their identity and interests in the legal paradigm. The main argument that I seek to advance is that such an approach paradoxically re-constructs the classical humanist subject of metaphysics and re-establishes the subject-centred system that silences the call of the animal Other, thereby solidifying and extending the legitimacy of a discourse and mode of social regulation that is fundamentally anthropocentric. I examine how we can address, incapacitate and move beyond this schemata of power through a rigorous deconstruction of the partitions that institute the Subject and how deconstruction clears a space for a de novo determination of the animal "subject" that can proceed from different sites of nonanthropocentric interruption. What follows is a call to refuse the mechanical utilisation of traditional legal constructs and I argue in favour of an approach to the question of the animal (in law) that identifies and challenges anthropocentrism as its critical target. I ultimately propose a critical engagement with the underlying metaphysical support of animal rights at a conceptual level, rather than simply utilising the law pragmatically as an instrument of immediate resolution.
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Dyk, Wiesław. "Zwierzę w filozofii moralności." Studia Ecologiae et Bioethicae 2, no. 1 (December 31, 2004): 243–68. http://dx.doi.org/10.21697/seb.2004.2.1.13.
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The discussion about the rights of animals is always up-to-date. The dichotomy division into philoanimalists and philohominists, although reasonable, is not satisfactory to everyone. It is too strongly associated with the division into people and things in Roman law. To avoid this association in the context of biocentric trends in ecological ethics, accomplishments of evolutionary psychology and the concept of animal welfare, it is suggested that a third moral dimension dealing with creatures with highly developed nervous system be introduced between moral objectivity of creatures with high perception and moral subjectivity of people - creatures characterized by self-awareness and reflexive awareness. Human beings on the one hand are responsible for recognizing their rights given by nature and on the other hand, they are obliged to create a law to protect themselves.
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Denisov, A. V., V. A. Cheprakova, A. V. Anisin, and S. I. Bezrukov. "Ethical aspects of modern use of animals in experimental studies." Bulletin of the Russian Military Medical Academy 20, no. 3 (December 15, 2018): 238–42. http://dx.doi.org/10.17816/brmma12383.
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Laboratory animals have been widely used in biomedical research for centuries, and there is as much debate about the validity and acceptability of it. Since ancient times there are rules and moral practices, the law fixes the responsibility for the cruel treatment of animals. Currently, developed countries have accepted laws to protect animals, which are implemented through sophisticated mechanisms. Worldwide there is a growing recognition that attention to the observance of animal rights is one of the indicators of the civilization of society. Unfortunately, in Russia, the question of legislative regulation of moral concepts of animal treatment is highly relevant. Currently, in our country, there is no an effective system of control and punishment for violations of the rules of treatment of animals, so that the government cannot effectively influence the institutions in which do not apply ethical and legal norms of work with experimental animals. In addition, in the schools of biomedical and veterinary science, not enough attention is paid to the teaching of bioethics and the ethics of experiment on animals, which makes the level of training of graduates not corresponding to the modern requirements of the civilized countries of the world. It is necessary to develop a new modern documentary base in accordance with the spiritual, scientific and legal guidelines adopted throughout the world, which will determine not only the world recognition of domestic scientific research but also will be a clear indicator of the level of development of morality and civilization of Russia.
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Bones, Vanessa Carli, and Carla Forte Maiolino Molento. "Factors Related to Animal Neglect in Brazilian Laboratories." Alternatives to Laboratory Animals 48, no. 1 (January 2020): 29–39. http://dx.doi.org/10.1177/0261192920911341.
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Our objectives were to identify the prevalence of negligence of laboratory animals in Brazil, to determine the primary factors associated with its occurrence and to suggest prevention strategies. A questionnaire was made available online between October 2015 and March 2016. A total of 116 respondents with experience in the use of laboratory animals and/or the use of alternative methods answered the questionnaire. Most respondents were women (77 respondents, 66.4%), a significant proportion had a degree in Veterinary Medicine (31 respondents, 27.2%), and a majority used animals in their work (88 respondents, 75.9%). Of the 88 animal users, 23 supplied information on the numbers and species of animals they used. When asked whether they knew that Brazilian law forbade animal experimentation when alternative methods exist, seven (9.1%) respondents mentioned Act 9605/1998. Most, but not all, respondents (96 respondents, 82.8%) submitted their projects to an Animal Use and Ethics Committee (AUEC), and many (65 respondents, 56%) reported their belief that animal neglect occurred at their institution. Negligence was found to be associated with: institutions where the numbers of animals used were not recorded ( p = 0.008); institutions where respondents were unaware of the relevant legislation, that is, Act 9605/1998 ( p = 0.042); or where there was evidence that not all project proposals were submitted to the AUEC or evidence of no submissions at all ( p = 0.022). Negligence of animals was found to be highly prevalent. Prevention strategies might involve increased transparency to the general public, the empowerment of individuals that work with animals to report any concerns, optimised inspection of facilities where animal work is carried out and significant improvements to the role of AUECs.
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Vacura, Miroslav. "Three concepts of natural law." Filozofija i drustvo 33, no. 3 (2022): 601–20. http://dx.doi.org/10.2298/fid2203601v.
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The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God?s will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law.
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Riley, Sophie. "Listening to nature's voice: invasive species, Earth jurisprudence and compassionate conservation." Asia Pacific Journal of Environmental Law 22, no. 1 (May 2019): 117–36. http://dx.doi.org/10.4337/apjel.2019.01.06.
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Humanity's land management practices reconstruct nature by destroying and degrading habitats, species and ecosystems, and creating environmental imbalance. The latter can manifest in overabundant or invasive species, imposing a welfare burden on unwanted animals when they are targeted for eradication and control. Such approaches not only overlook animal wellbeing, but also ignore the role that humans have played in species’ classifications. As societies grapple to manage the unstable environments they have created, they have also started to realize that standards set by paradigms, such as sustainable development, do not sufficiently engage with the efficacy or ethics of existing practices. This article argues that a synthesis of law and science, drawn respectively from emerging paradigms, such as the Great Law of Earth jurisprudence and principles of compassionate conservation, can help guide environmental regimes towards more effective and ethical outcomes. From a legal perspective, the Great Law subordinates human law to a metaphorical nature's voice, while from a scientific perspective the scientific underpinnings of compassionate conservation identify that voice. Although compassionate conservation injects empathy into the decision-making processes, it is a form of empathy based on science that commences from the stipulation that regulators should first do no harm. It is a call that is specifically relevant to invasive species, where current regulation is based on harming certain species, while simultaneously overlooking environmental threats generated by humans. By using science to identify nature's voice, and law to listen to that voice, regulators can start to design regimes that work with nature, rather than trying to reconstruct and dominate it.