By Joan E. Schaffner
This exploration of the newly rising, varied, and arguable zone of animal lawpresents a easy survey of the legislation designed to guard animals, studying and critiquing them, and featuring a destiny the place the felony regime competently acknowledges and protects the inherent worthy of all animals.
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Additional info for An Introduction to Animals and the Law
The most traditional characteristic of ownership of an object is one’s right to exclude another’s use of the object. However, this is not the only characteristic of ownership. ”80 All rights within the bundle may not apply to all forms of property. Moreover, the concept of property invokes not only privileges but also obligations as the law may impose restrictions on one’s use for a variety of policy reasons. Thus, for example, zoning, nuisance or historical preservation laws may restrict one’s ownership interest in land.
46 Regarding the mens rea, or culpable state of mind, of the defendant, the court explained that he need not maliciously hurt the horse; in other words, work the horse with the purpose of torturing the animal. “However, if the defendants knew about the horse’s condition, and the horse suffered torture or pain when it was driven, they must be presumed to have known that if they caused the horse to be worked it would suffer. ”47 In this case, the defendant had been told by the inspector that Mabel was limping.
II, sec. 2, or by the commerce clause that grants federal authority to regulate interstate commerce, art. I, sec. 8, cl. 2. The Constitution, the Bill of Rights, and later amendments, deﬁne the fundamental rights of liberty and justice for all human citizens. Liberty requires that the government not impose unreasonable restraints on the people and justice requires that the government treat like persons alike and not draw arbitrary distinctions based on irrelevant differences. 46 The United States Constitution falls within the ﬁrst generation and grants the people negative rights – rights to be free from governmental 14 An Introduction to Animals and the Law interference with the interest deﬁned, such as speech, religion, or equality.
An Introduction to Animals and the Law by Joan E. Schaffner