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Extra resources for Animals Property & The Law (Ethics And Action)

Sample text

20 This position rejects efforts to apply the welfarist theory through federal laws, such as the Animal Welfare Act, and maintains that even if regulation were effective, it would be morally unacceptable to treat animals as means to human ends. ” A discussion of the use of animals in experiments also serves to illustrate vividly issues of the normativity of law. Reliance on normative concepts such as the “humaneness” of research or the “necessity” of pain is problematic because such concepts are defined within a legal framework that from the outset is highly prejudicial to animal interests and that is inclined to consider any use “humane” or any level of pain “necessary” as long as there is some human benefit to be gained.

The Grandin/Meat Institute standards suggest strongly that it is very difficult to get protection for animals that cannot be cost-justified, especially since concerns about animal protection do not figure into the “benefit” to be assessed. We may lament the way in which animals are killed, but again, our concerns go to “unnecessary” suffering, which is unproductive; suffering that results in a more efficient production of animal products is tolerated. The proof of this proposition is that consumers do not, in sufficient numbers, value a reduction in animal suffering in the slaughter process enough to demand more “humanely” produced meat.

The property status of animals clearly maximizes the wealth of animal resources in that the property status of animals makes possible a market in which there are offering and asking prices. Indeed, it would make no sense to talk about the productive value of animals if animals were not property; the only measure of their productivity involves their value to human beings. The productive value and the property status of animals are inextricably intertwined. ” In a system in which animals are property, they are, unlike human slaves (assuming the validity of certain economic theories), going to remain property because although there may be uses for the animal that maximize wealth even more, all uses depend on the status of the animal as the property of humans.

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