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Animals Property & The Law (Ethics And Action) [Paperback]

Gary Francione (Author)
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Book Description

1566392845 978-1566392846 April 28, 1995
"Pain is pain, irrespective of the race, sex, or species of the victim', states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation? Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings. Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law. Author note: Gary L. Francione is Professor of Law and Nicholas de B. Katzenbach Scholar of Law at Rutgers University Law School, Newark. He is also Co-director of the Rutgers Animal Rights Law Center.

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Editorial Reviews

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"Here is a work of unquestionable historic importance the likes of which the world of ideas has never seen before: profound in its conception, execution, and its possible consequences. Gary Francione brings a real world understanding second to none in how American law impacts animals. It will be of interest to professionals in law, philosophy, government, veterinary medicine, and political science, but also among those who 'use' animals and those who profess the desire to protect them." --Tom Regan, North Caroling State University "Francione plunges into the maelstrom of the animals rights debate with a compelling and provocative analysis of the consequences of characterizing nonhuman animals as property. This book will undoubtedly spark a debate that will have widespread repercussions for the ways in which we think about animals. A must-read for anyone interested in the intellectual basis of animal rights." --Priscilla Cohn, Pennsylvania State University "Gary Francione's important contribution to the history of ideas places animal exploitation in its legal, philosophical, and economic context. A thorough, scholarly, and much-needed analysis that should be considered seriously even by those who disagree with the notion of animal rights." --William A. J. Watson, University of Georgia "Francione's analysis reflects his practical experience as a lawyer who has been at the cutting edge of litigating animal rights cases for over a decade... [It] is meticulously researched and rigorously argued, but is written with a level of clarity often lacking in books about legal subjects. It is my expectation that this book will provoke our rethinking about the status of animals as property and the consequent denial of justice that they suffer under the law." --William M. Kunstler, Esq., from the Foreword

From the Publisher

How to balance the failure of the legal system to protect animals with its professed recognition of animal rights

Product Details

  • Paperback: 274 pages
  • Publisher: Temple University Press (April 28, 1995)
  • Language: English
  • ISBN-10: 1566392845
  • ISBN-13: 978-1566392846
  • Product Dimensions: 9 x 6 x 1 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,146,088 in Books (See Top 100 in Books)

More About the Author

Gary L. Francione is Distinguished Professor of Law and Nicholas deB. Katzenbach Scholar of Law and Philosophy at Rutgers University School of Law-Newark.

He received his B.A. in philosophy from the University of Rochester, where he was awarded the Phi Beta Kappa O'Hearn Scholarship that allowed him to pursue graduate study in philosophy in Great Britain. He received his M.A. in philosophy and his J.D. from the University of Virginia. He was Articles Editor of the Virginia Law Review.

After graduation, he clerked for Judge Albert Tate, Jr., United States Court of Appeals for the Fifth Circuit and for Justice Sandra Day O'Connor of the United States Supreme Court. He was an associate at Cravath, Swaine & Moore in New York City before joining the faculty at the University of Pennsylvania Law School in 1984, where he was tenured in 1987. He joined the Rutgers faculty in 1989.

Professor Francione has been teaching animal rights and the law for more than 20 years, and he was the first academic to teach animal rights theory in an American law school. He has lectured on the topic throughout the United States, Canada, and Europe, including serving as a member of the Guest Faculty of the Universidad Complutense de Madrid. He has been a guest on numerous radio and television shows. He is well known throughout the animal protection movement for his criticism of animal welfare law and the property status of nonhuman animals, and for his abolitionist theory of animal rights.

He is the author of numerous books and articles on animal rights theory and animals and the law, including Introduction to Animal Rights: Your Child or the Dog? (2000), Rain Without Thunder: The Ideology of the Animal Rights Movement (1996), Animals, Property, and the Law (1995), Vivisection and Dissection in the Classroom: A Guide to Conscientious Objection (with Anna E. Charlton) (1992), and Animals as Persons: Essays on the Abolition of Animal Exploitation (2007).

Professor Francione and his partner and colleague, Adjunct Professor Anna E. Charlton, started and operated the Rutgers Animal Rights Law Clinic/Center from 1990-2000, making Rutgers the first university in the United States to have animal rights law as part of the regular academic curriculum, and to award students academic credit not only for classroom work, but also for work on actual cases involving animal issues. Francione and Charlton represented without charge individual animal advocates, grassroots animal groups, and national and international animal organizations. Francione and Charlton currently teach a course on human rights and animal rights, and a seminar on animal rights theory and the law. Professor Francione also teaches courses on criminal law, criminal procedure, jurisprudence, and legal philosophy.

 

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18 of 20 people found the following review helpful:
5.0 out of 5 stars Animals as property?, February 6, 2003
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This review is from: Animals Property & The Law (Ethics And Action) (Paperback)
Everybody thinks animals should be treated "humanely" and humans shouldn't cause them "unnecessary" pain. So why do animals enjoy so little legal protection?

Building on Tom Regan's _The Case for Animal Rights_ (an excellent book that I reviewed over a year ago), Gary L. Francione argues that it's for a very simple reason: animals are regarded as _property_ under U.S. federal and state law, and "property" has no rights of its own.

Francione says that whenever it comes to a showdown between human wants and animal pain, humans, who _do_ have "rights" under the law, almost always win -- because the game is rigged. Set off the desires of rights-bearing humans against the suffering of rights-less nonhumans whose "welfare" is taken into account for strictly utilitarian reasons, and it's incredibly easy to make a case that such suffering is "necessary".

Francione argues his case well -- including a crucial point: he maintains that there isn't anything in current "property"-based animal law that has the effect of conferring rights on animals anyway. This point is more controversial than some readers may be aware; other writers on this subject (e.g. Gary Varner) have argued that other species _do_ have de facto "rights" under U.S. law and have had them at least since the Endangered Species Act of 1973. If they're right, Francione's argument is in need of serious shoring up if he is to show that the _absence of rights_ is the real problem for nonhuman species.

At any rate he illustrates his main point twice: once in general (using the history of animal cruelty statutes) and once specifically (using the history of animal experimentation and the effects -- or otherwise -- of the Federal Animal Protection Act). I think his arguments are pretty sound, but they're extremely important either way.

One crucial issue here is _standing_. Animals, being "property" rather than rights-bearers, don't have "standing" to bring lawsuits, and generally human beings don't have "standing" to bring suits on animals' behalf. Christopher Stone suggested in a 1972 paper ("Do Trees Have Standing?") that even such natural objects as trees should have standing so that they can be represented in court by human organizations that want to protect them. But so far there hasn't been a majority on the U.S. Supreme Court that has agreed (and in fact Stone himself has since backed off from his suggestion).

Francione does a nice job on this issue. For my money, this reform is the _single_ most important one on the animal-law list; it alone would revolutionize the movement toward humane treatment of animals (and trees, for that matter).

Now, there are several nits to be picked in the philosophical foundations on which Francione builds. This isn't really the place to pick them since Francione is explicitly refraining from mounting a full philosophical case for these foundations. But I'll mention three of them because they also affect the success of Regan's arguments.

(1) Francione argues that utilitarian, "welfarist" ethics can't protect animal welfare because that welfare can always be overruled by consequentialist considerations. But his own case (and Regan's) takes the view that rights are themselves only _prima facie_ moral claims, and therefore still subject to overruling. It is unclear where Francione (and Regan) would draw the line about having them overruled, but it does seem as though many (most? all?) of those "consequentialist" considerations coud be rephrased, brought in the back door as deontological considerations, and weighed against animal rights all over again under the new ethical regime. (And besides, both Francione and Regan admit that rights may be overruled by _some_ consequentialist considerations.) So it's not clear that rights really _would_ provide a greater degree of protection to animal welfare -- especially since, as Francione's own examples show, part of the problem is just that even the _current_ regulations against harm to animals aren't strictly enforced. Is the problem utilitarianism in general and in principle, or just that the current version of legal-welfarist utilitarianism doesn't take adequate account of animal interests?

(2) Francione (following Regan) bases the possession of rights on intrinsic worth. But it isn't just obvious, and neither one of them actually _argues_, that nonhuman animals have the _same_ intrinsic worth as human beings. Nor, for that matter, is it obvious that intrinsic worth really _is_ a sufficient ground for rights; surely there might be creatures whose existence was intrinsically worthwhile but whose survival requirements conflicted so far with our own that they couldn't be said to have any "rights" with respect to human beings. And in that case, it's not clear why, or even whether, the intrinsic worth of other species gives rise to moral claims that are binding specifically on _us_.

(3) Isn't it also possible that animal welfare lives in a sort of moral "no-man's land" in which there really _aren't_ any moral claims sufficiently well-defined to be called "rights"? Maybe, e.g., animals don't have a full moral claim against us not to mistreat them, but human beings who mistreat animals also don't have a moral claim against other humans not to interfere forcibly with such mistreatment. If something like this is even conceivable, it's not clear that consequentialism and deontologism really exhaust the alternatives.

Ah, well -- if one book could answer all our questions, it would be a very different world. At any rate Francione's book is a most worthy successor to Tom Regan's groundbreaking philosophical work and it deserves to be read by anyone interested in the humane treatment of nonhuman animals. Heck, if the opening description of the annual "pigeon shoot" in Hegins PA doesn't cause a wrenching in your gut (no matter what you think of "animal rights"), then you and I don't inhabit the same moral universe.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
institutionalized exploitation, legal welfarism, malicious mischief statutes, anticruelty statutes, state anticruelty statute, reproposed rules, veterinary malpractice, overall social wealth, anticruelty laws, cases involving animals, husbandry issues, institutional exploitation, primary enclosures, attending veterinarian, animal exploitation, adequate veterinary care, many commenters, plaintiff organizations, appropriate pain relief, imminence requirement, animal interests, burn experiments, human property rights, animal advocates, symbolic legislation
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sierra Club, Supreme Court, New York, United States, Animal Lovers, Animal Welfare Act, Silver Spring, Fourth Circuit, First Amendment, The Dominion of Humans, Humane Society, Regulatory Enforcement, District of Columbia, Animal Legal Defense Fund, Fifth Circuit, Administrative Regulation of the Act, Gutenberg Bible, Model Penal Code, Freedom of Information Act, Fifth Amendment, Animal Liberation Front, President Clinton, Professor Sunstein, Senator Dole
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