scholarly journals A FEMINIST REVIEW ON COMPARATIVE ANIMAL PROTECTION LAW

2021 ◽  
Author(s):  
Qixuan Mu
Keyword(s):  
Animal Rights ◽  
Best Practice ◽  
Historical Context ◽  
Comparative Approach ◽  
Betty Friedan ◽  
Ethical Argument ◽  
Law System ◽  
Animal Protection ◽  
Attitudes Toward Sex ◽  
Ideological Attitudes

This research studies applied feminism theories to evaluate animal protection law and its related implementation, practical measures, and insufficient measures with a comparative approach. Elizabeth Cady Stanton's liberal Feminism was employed to investigate the current dilemmas of animal protection law. The goal is to identify and discover the best practice internationally to guide the ongoing animal protection law legislation in China, a principal legal lacuna of the Chinese civil law system with a holistic perspective of feminism theories. Betty Friedan changed philosophical and ideological attitudes toward sex and raised the ethical argument of animal rights. This study found that the differences between social conditions, legislation reasons, social economics, cultures, conventions must be considered. At the same time, the human emotions, the animal's human relationship, the male-controlled capitalist hierarchy, the relationship between animal and female rights are universal. A historical context perspective was employed in all analyses between animal protection and Feminism in history. The roots of the current animal protection issues were found and studied. A number of solutions on the current animal protection were suggested based on feminism theories. "Equality of opportunity" is the primary instrument for designing solutions. Harming animals is also related to patriarchy. "We hold these truths to be self-evident; that all men and women are created equal." Therefore, if we want to make a breakthrough in animal protection law, we must be able to implement measures in many aspects at the same time to maximize the effect.

scholarly journals Artistic Freedom or Animal Cruelty? Contemporary Visual Art Practice That Involves Live and Deceased Animals

Animals ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 812
Author(s):  
Ellie Coleman ◽  
Rebecca Scollen ◽  
Beata Batorowicz ◽  
David Akenson
Keyword(s):  
Best Practice ◽  
Animal Cruelty ◽  
Art Practice ◽  
Animal Protection ◽  
Ethical Implications ◽  
High Profile ◽  
Unethical Practices ◽  
Artistic Freedom ◽  
Legal Guidelines ◽  
Selection Of

This paper examines a selection of 21st-century international examples of exhibited visual artworks involving live or deceased animals. It seeks to reveal the risks and benefits of unique encounters with animals through art and to consider the ethical implications of artwork deploying animals. Australian and international animal protection laws are not explicit when it comes to the sourcing of animals for art nor for the direct inclusion of animals in artworks. This lack leads to a variety of artistic practices, some considered ethical while others are viewed as controversial, bordering on animal cruelty. Artwork selection is determined by a focus on high-profile artists who intentionally use animals in their practice and whose reputation has been fostered by this intention. The study provides insight into how the intentional use of ethically sourced animals within art practice can be a method of addressing hierarchal human–animal imbalances. Further, this study identifies unethical practices that may be best avoided regardless of the pro-animal political statements the artists put forward. Recommendations of how to better determine what is an acceptable use of animals in art with a view to informing legal guidelines and artistic best practice are presented.

scholarly journals Humane Legal Protection of Homeless Animals

2021 ◽  
Vol 30 (3) ◽  
pp. 265-276
Author(s):  
Elżbieta Zębek
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Protection ◽  
Universal Declaration ◽  
Animal Shelters ◽  
Animal Protection ◽  
Eu Countries ◽  
Protection Legislation ◽  
State Of Affairs ◽  
Inspection Data

Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.

Beyond Animal Rights

2019 ◽  
pp. 22-44
Author(s):  
Celia E. Deane-Drummond
Keyword(s):  
Social Justice ◽  
Human Dignity ◽  
Theoretical Approach ◽  
Animal Rights ◽  
Categorical Imperative ◽  
Animal Experimentation ◽  
Comparative Approach ◽  
Social Agenda ◽  
Moral World ◽  
Animal Use

This chapter sets out the philosophical context for current debates in animal ethics, including abolitionist versions of animal rights that are against all forms of animal use, including animal experimentation and agriculture. The author argues that while a more muted version of animal rights is more convincing, rights language has proved inadequate to the modest task of shifting to more humane treatments of other animals. There are also theoretical problems associated with the use of rights language that itself is premised on a particular approach to social justice. Utilitarian advocates following Peter Singer do not fare much better in that his liberationist agenda is ethically ambiguous by his association of speciesism with racist and even sexist views. This approach could just as easily diminish women and those of colour, or deny human dignity, all of which have a strong political and social agenda, rather than elevating concern for other animals. Even anti-speciesism still relies on a comparative approach that begins by widening the moral world of humans to sentient others, even while, ironically perhaps, denying the special significance of the human species. Christine Korsgaard has made the most convincing case so far for rehabilitating Immanuel Kant’s categorical imperative so that it is extended to other animals. Rather more promising is the largely theoretical approach of Peter Scott’s argument for postnatural right and Cynthia Willett’s interspecies ethics to begin to map out the multispecies frameworks.

Buddhism and Animal Rights

2018 ◽  
Author(s):  
Paul Waldau
Keyword(s):  
Animal Rights ◽  
Companion Animals ◽  
Ethical Reflection ◽  
Animal Protection ◽  
Buddhist Tradition ◽  
Nonhuman Animals ◽  
Food Animals

The Buddhist tradition is justifiably known for its commitment to the primacy of ethical reflection. On the issue of nonhuman animals, the tradition-wide commitment to an undertaking to refrain from killing, known as the First Precept, offers a moving example of humans’ abilities to apply ethics to nonhuman animals on questions about animal protection for companion animals, food animals, entertainment animals, wildlife, and captive animals. Buddhist reflections on humans’ relationship to nonhuman animals, including questions of non-lethal harms, also have features that are illuminated, as is the First Precept, by a comparison with contemporary animal rights and animal protection debates.

Caring about Blood, Flesh, and Pain:Women's Standing in the Animal Protection Movement

2001 ◽  
Vol 9 (1) ◽  
pp. 43-61 ◽  
Author(s):  
Lyle Munro
Keyword(s):  
Animal Rights ◽  
Companion Animals ◽  
Drunk Driving ◽  
Women's Movements ◽  
Animal Abuse ◽  
Men And Women ◽  
Male And Female ◽  
Animal Protection ◽  
Mothers Against Drunk Driving ◽  
History Of

AbstractUsing the results of a survey of animal rights activists, advocates, and supporters, the paper reveals much more convergence (80%) than divergence (20%) of attitudes and actions by male and female animal protectionists. Analysis of the divergence suggests that the differences between men and women in the movement are contingent upon such things as early socialization, gendered work and leisure patterns, affinity with companion animals, ambivalence about science, and a history of opposition to nonhuman animal abuse by generations of female activists and animal advocates. Aside from the feminist and women's movements and groups like Mothers Against Drunk Driving, it is rare to find a social movement in which the standing of women eclipses those of their male colleagues. The paper suggests that animal protection remains a bastion of female activism and advocacy because women care about blood, flesh, and pain and, unlike earlier generations of animal activists, no longer are seen as a liability to the success of the movement.

Ethics and Australian mammalogy: reflections on 15 years (1991 - 2006) on an Animal Ethics Committee

2012 ◽  
Vol 34 (1) ◽  
pp. 1 ◽  
Author(s):  
Daniel Lunney
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Animal Ethics ◽  
New South ◽  
New South Wales ◽  
Ethics Committees ◽  
Ethics Committee ◽  
Animal Research ◽  
Animal Protection ◽  
South Wales

This essay on field mammalogy and research ethics presents my reflections on 15 years as a researcher sitting on an Animal Ethics Committee in New South Wales. It outlines the community debate on animal welfare and the ethics of research on animals, how government has responded, and how wildlife researchers can move forward in this arena. Three schools are identified within the animal protection movement: ‘animal welfare’ holds that it is legitimate to use animals as a resource, so long as that use is ‘necessary’ and the animal’s suffering ‘minimised’; ‘animal liberationists’ are likely to oppose most animal research; the ‘animal rights’ position is firmly abolitionist. The instruments that regulate research involving animals are examined, in particular the New South Wales Animal Research Act 1985, the Australian code of practice for the care and use of animals for scientific purposes, and Animal Ethics Committees. Examples of ethical dilemmas involving both native and non-native animals are discussed. The debate over animals in research will continue, and it is clear that far more can be gained by engaging in the debate than avoiding it. It is in researchers’ interests to publicly defend the essential role of science in conserving our native fauna, and to conduct our work within a well managed welfare framework.

scholarly journals Biopolitics: Animals, meat, food

2009 ◽  
Vol 20 (2) ◽  
pp. 41-58
Author(s):  
Nikola Janovic
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
General Idea ◽  
Food Politics ◽  
Animal Food ◽  
Animal Protection ◽  
The People ◽  
The Right ◽  
Opening Up

The general idea of this text is to reflect biopolitical constitution of the society and its implications related to the issues of animal welfare. Since animal in biopolitical formation is technically reduced to an object - commodity for contentment of the industry and of the people needs - critical public advisories are calling from moral, ethical and legal standpoint for attention to the fact that is necessary to protect animals from the unnecessary exploitation. It is obvious that animal protection is evoking animal rights question. But in the last instance protection of animal rights is related to the nutritional dilemma of animal food use. Question is arising: does animal rights in particular also envisage change in food politics (abandonment of meat food use), what is for instance the extreme veg(etari)an option taking for granted? This challenge sent to the culture of all-food eaters is opening up new questions and dilemmas. First of all, there is a question linked to the right of men to choose his own nutritional option, and of course dilemma which is related to scruples about meat-eaters and their (non)ability to love animals.

scholarly journals Public Property in Australia and Russia: The Concept and the Role of the Constitution

2019 ◽  
Vol 7 (2) ◽  
pp. 5-52
Author(s):  
Vladimir Nizov
Keyword(s):  
Private Property ◽  
Common Law ◽  
Comparative Approach ◽  
Law System ◽  
Public Property ◽  
Democratic State ◽  
Two Systems ◽  
The Russian Empire ◽  
Legal Understanding ◽  
Property Regimes

The modern democratic state embodies the concept of the state as a service. For this reason, the administration of public property is one of the major issues related to the efficiency of public authority. Common law countries and post-Soviet countries have completely different legal explanations and bases for public property. This article takes a comparative approach, showing similarities and differences in the public property regimes in these two systems.This article investigates why the two systems have different approaches to public property issues and how the differing experiences result in differing implementation. Australia and Russia have been chosen as examples of a common law system and the post-Soviet system, respectively. In addition to property regimes, this paper also discusses federalism issues.An analysis of these countries’ historical development permits a significant enhancement of the philosophical and legal understanding of property, especially public property. Protection of private property in Russia was very strong by 19th century standards. However, the Russian Empire fell behind in questions of public property compared to its protection of private property, and also compared to other systems outside of Russia. Some aspects of dealing with the most critical natural resources expand public property regulation issues into the constitutional sphere. Public property issues need constitutional justification in both Australia and Russia. However, Russia has constitutional provisions that provide the categories of property rights existing in its domestic law, while a great deal of effort was required in Australia to create the constitutional basis for water resources administration.

scholarly journals Establishing the Best Practice in Business in Network Society – the Case of “Natura Siberica”, 2017.

TECHNOLOGOS ◽  
2021 ◽  
pp. 54-64
Author(s):  
Larionov Igor ◽  
Orlova Svetlana
Keyword(s):  
Business Ethics ◽  
Animal Rights ◽  
Best Practice ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Network Society ◽  
Complex Nature ◽  
Responsible Consumption ◽  
The Subject

The aim of this paper is the situation analysis or case study of the conflict between the cosmetics manufacturer "NATURA SIBERICA" (Russia) and its consumers. This conflict took place in 2017 as an interaction of the users of social networks. The importance of this study is that its object is the ongoing process of increasing the role that network society plays in discussing the value problems of contemporary society. This study shows the relevance of J. van Dyck's statement that digitalization promotes the transfer of communication about values in media network, and this constitutes the novelty of the paper. Accordingly, the objectives of the study were formulated as a description of the conflict situation and the definition of the subject of research as a manifestation of the complex interaction in contemporary network society; identifying the groups of irreducible values that caused the conceptual conflict; the analysis of these values from the perspective of law, as well as contemporary business ethics. The methodological approach that was chosen followed the complex nature of the subject of the study. As a general methodological approach the systematic method was used, which allows to determine the essence and key properties of the investigated phenomenon. The method of case analysis or case-study gave us the tools to implement this approach, taking into account the specifics of the object, as well as to connect the study to the practical task of finding the best solution in a situation of conflict of values. To analyze the unfolding of the conflict in conditions of virtual reality the structural-functional method was applied, which allowed conceptualizing the relationship between social phenomena of different levels. Using the method of ethical-philosophical analysis we revealed the content of the positions expressed by the participants of the conflict. The method of categorical analysis of legal texts was also applied. As a result of the study it was revealed that in a case of the gap in legal regulation it were the animal rights values and values of responsible consumption that provided the conceptual background for the positions articulated by the conflict participants. Next, we show that in this case the unfair advertising led to a crisis of consumers’ trust and caused the need to strengthen the ethical image of the company. Finally, this case of the company's reaction to the conflict could be conceptualized as an example of “best practice” for business ethics today.

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