scholarly journals Legal Status of the Animal as a Determinant of Its Humanitarian Protection

2021 ◽  
Vol 30 (3) ◽  
pp. 67-79
Author(s):  
Justyna Goździewicz-Biechońska ◽  
Eliza Jachnik

The article concerns the humanitarian protection of animals in Polish law. It is of a scientific and research nature and its purpose is to define the relationship between the legal status of an animal and the nature and the scope of its humanitarian protection. The legal status of an animal is determined by the Animal Protection Act, through dereification and the general principle of humane treatment of animals. In the light of legal provisions, two basic categories of animals can be distinguished in the context of their humanitarian protection: domestic animals and working animals. The latter are then divided into further subcategories. The scope of humanitarian protection varies depending on belonging to a given category, because legal provisions differently define the scope and degree of obligations regarding animal welfare. However, the premises for classifying a given animal as belonging to one of those types, result not only from the scope of legal acts. The decisive role in this regard has the status that is given by a man, usually determined by the man’s attitude towards the animal and its utility for the man. This attitude is shaped individually in a specific case and is the actual source of the legal status of the animal and consequently its protection.

2017 ◽  
Vol 25 (2) ◽  
pp. 163-179 ◽  
Author(s):  
Philipp von Gall ◽  
Mickey Gjerris

While animal welfare is commonly invoked in legal debates regarding non-human animals kept for food purposes, the concept of animal joy is rarely mentioned in such contexts. This paper analyzes the relationship between welfare and joy in the German animal protection law (gapl) and in the eu directive 98/58/ec. Based on a review of scientific and philosophical approaches towards animal welfare, joy is argued to be a part of welfare. Nevertheless, joy is ignored in the German and eu legal provisions. While there may be economic disadvantages of legally protecting animal joy, it is argued that overlooking elements of joy cannot be justified from any ethical perspective that claims to take animal welfare into consideration. In order to clarify the aims of the legal provisions, decision-makers need to define the role joy ought to play in welfare legislation.


Author(s):  
Michał Janowski

Polish legal regulations protecting animals are inconsistent. The Act of 21 August 1997 on Animal Protection and the Act of 15 January 2015 on the Protection of Animals Used for Scientific or Educational Purposes accord protection to different categories of animals. These regulations should be harmonized due to the underlying values. In addition, the current model of animal protection in Poland requires consideration. Polish regulations protecting animals have not been preceded by a reflection on the special features of some groups of animals. In particular, Polish law does not take account of the fact that some animals have higher cognitive functions, including non-linguistic ability to recognize themselves – awareness of self. The article characterizes the phenomenon of animal self-awareness, which should be relevant in discussions on the legal status of some animals.


Author(s):  
Muzyka Iryna

In modern legal science, the anthropological approach that makes it possible to investigate, in particular, the orientation of the right to the human problem in law becomes of great relevance. In the perspective of legal anthropology, an important issue is the status of a person in the state mechanism (the place of the person in the hierarchy of values, the scope and guarantees of his rights and freedoms, the duties of the person) within the relation of state-centrism and anthropocentrism in the normative acts of the UkrSSR authorities of the post-war period. The draft Constitution of the UkrSSR in 1964 provided for a change in the legal status of the inpidual in the UkrSSR. For the first time in the history of "Soviet constitutional law" the concept of "freedom of the inpidual" was introduced, the whole complex of citizens' rights was revised, some new categories of rights were introduced, such as the supreme and fundamental human rights, the mechanism of their guarantees by society and the state was first laid. It was envisaged to consolidate various forms of direct exercise of political power by citizens, to create new forms of influence of citizens on the state power in general. Thus, in the early 1960s, the Soviet state had the potential to change qualitatively if the new UkrSSR Constitution was adopted. Therefore, the dismissal of MS Khrushchev from the duties of the First Secretary of the CPSU Central Committee and the Chairman of the Council of Ministers of the USSR appears to be conditioned, including, by the radical significance of the Constitutional project, which has never been adopted. It is possible to draw the following conclusion: in the period under study in the UkrSSR (as well as the USSR), the center of legal reality was not the person, but the norms of legal prescriptions of the state, formulated on the basis of political and ideological doctrine developed by the leadership of the CPSU – Communist Party. It is possible to characterize the status of a person under the legislation of 1950–1960 as a result of the implementation in the normative acts of political and ideological guidelines of the leadership of the CPSU – CPU. According to the communist ideology of that time, the life of society was regarded as the existence of the entire population of inpiduals, masses of people, and therefore the decisive role in the life of society belongs not to inpidual inpiduals, but to their entire population. This meant a significant overriding of the "necessary" relative to the "freedom" of man, that is, the interests of party-state leadership, collective interests over the interests of the inpidual; the non-recognition of the inpidual sovereignty of a person who was largely considered part of the collective subject – the "masses"; lack of reconciliation of interests of inpiduals and the state, which in many cases gave rise to conflict situations.


1991 ◽  
Vol 41 (1) ◽  
pp. 84-89 ◽  
Author(s):  
C. Carey

The banker Pasion, father of the notorious fourth-century litigant and politician Apollodoros, some of whose speeches have survived under the name of Demosthenes, was originally a slave; freed by his owners, he made a substantial fortune from banking and subsequently received Athenian citizenship for his generous gifts to the city. At [Dem.] 59.2 we are given a paraphrase of the decree which enfranchised him: 'Aθηναον εἶναι Πασωνα κα κγνους τοὺς κενου ‘[the Athenian people voted] that Pasion and his descendants should be Athenian’. In common with inscriptions recording grants of citizenship, and unlike Roman military diplomata, the decree appears to have ignored Pasion's wife Archippe. The silence of the decrees of enfranchisement is echoed in the literary sources, with the result that we have no explicit testimony to the legal status of the wife of an alien who was granted Athenian citizenship. M. J. Osborne assumes that the status of the wife was in no way affected by the grant; she remained an alien. D. Whitehead has argued that in such cases the wife's status was indeterminate; in the event of the death of her first husband she might find herself married either to an Athenian citizen or to an alien, whereupon her status would be defined according to that of her husband. This article will argue that Archippe's status was unaffected by Pasion's receipt of citizenship, that is, that she remained a metic. I shall then proceed to consider the question of the implications of the difference in status of Pasion and Archippe subsequent to his enfranchisement for the legal basis of the relationship between them, and finally draw a tentative conclusion about the date of Pasion's receipt of citizenship.


2020 ◽  
Vol 3 (3) ◽  
pp. 123-142
Author(s):  
BIRGITTA WAHLBERG

The recognition of animals as sentient beings in the Treaty on the Functioning of the European Union (TFEU) gave rise to expectations as to real concern and care for animal welfare and a balance of human-animal interests. However, both the EU-legislation and the Finnish animal protection legislation is based on an animal welfare paradigm, meaning that animals have a weak legal status compared to humans that makes it impossible to de facto balance human and animal needs and interests in an effective manner from an animal point of view. The weak legal status of animals in the hierarchy of norms in the Finnish legal system contributes to the continuation of the oppression and exploitation of animals. The Finnish Animal Rights Lawyers Society have therefore made a proposal to strengthen animals’ legal status by including animals in the Finnish Constitution (FC) by safeguarding animals’ certain fundamental rights, thereby providing tools for balancing of human-animals interests. This article focuses on the re-evaluation of animal protection from an animal and constitutional point of view.


2008 ◽  
Vol 51 (1-2) ◽  
pp. 211-227
Author(s):  
Paweł Sobczyk

In its individual and collective dimensions, religious freedom is a constitutional matter. It is one of the fundamental human rights, and defines the principles of the relationship between the state and churches and other religious organisations. Religious freedom remains closely connected with the concept of school education, the teaching of religion in kindergartens and public schools, the religious education of adults, religious practices of children and young people when on holidays, and religious schools. Among the specific issues are, above all, the legal status of religion teachers, the legal status o f religious school teachers and students, and the status of religion as a school subject. In his study, the author discusses the following issues: the concept and basis of religious freedom, the family, parents, and children as subjects o religious freedom, the state as a competence subject with regard to religious freedom, and the present problems and remarks de lege ferenda.


2020 ◽  
Vol 36 (4) ◽  
pp. 59-62
Author(s):  
D. Sh. Pirbudagova ◽  
◽  
A.M. Omarova ◽  

The article examines the legal positions of the constitutional control bodies regarding the legislative regulation of the status of mass media. The authors note that the Constitutional Court of the Russian Federation has made decisions on the issues of financing, ownership and legal regulation of mass media, the relationship between the mass media, society and the state, the content of the constitutional prohibition of censorship and its correlation with restrictions on freedom of mass media, etc. Conclusions are drawn about the conceptual nature of the decisions of the constitutional Court of the Russian Federation aimed at clarifying the constitutional and legal status of mass media and contributing to filling legal gaps in this area


2020 ◽  
Vol 16 (1) ◽  
pp. 66-74
Author(s):  
Елена Папышева

This article discusses some powers of a prosecutor, his legal status in criminal procedure and administrative proceedings, the relationship between the functions of criminal prosecution and prosecutorial supervision. The author notes that at the stage of initiating a criminal case, prosecutor’s powers for criminal prosecution are exercised through supervisory activities, during which, on the facts of perpetration, he is entitled to make a reasoned decision to send the relevant materials to preliminary investigation bodies. The article analyzes prosecutor’s powers in initiating an administrative case, the legal nature of the prosecutor’s decision, which, according to the author, is not and cannot be evidence in the case (source of evidence), in contrast to the position of the courts and the prevailing judicial practice. Both processes (criminal and administrative proceedings) are based on identical principles and have similar institutions. Including for this reason, the problems of determining the status and powers of the prosecutor in exercising supervision have common roots.


2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.


1949 ◽  
Vol 43 (1) ◽  
pp. 57-72 ◽  
Author(s):  
Taraknath Das

The relationship between the Government of the Union of India and the Princely State of Hyderabad has attracted world-wide attention. Through what seems to be complete misunderstanding of the legal status of Hyderabad, the United Nations placed the case on the agenda of the Security Council. Although the Nizam of Hyderabad, after the successful conclusion of the Indian Army's punitive expedition into Hyderabad, has petitioned the United Nations to withdraw the case, the question still remains on the agenda.


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