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Animal Welfare Law and Government
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Notes covering the history of animal welfare laws and the governmental tiers of Canada.
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Ancient Views Early Christianity: Genesis and interpreting “dominion over all the earth”
Aristotle (350 BC): the idea of a “hierarchy of souls” which positions humans above plants and
other animals.
Natural Law Theory
17th & 18th century- includes: Descartes, Locke, Rousseau, and Kant.
Key focus on language and rationality
Animals lack language and reason, they are inferior to humans
Animals do not require moral consideration
Issue with cruelty to animals is possible negative side effects on people and the potential for
violence to extend to humans.
Utilitarian Theory
Emerged in the 19th century- a significant change that is part of a larger wave of social reform
influenced by the industrial revolution
Bentham (late 1700s/early 1800s): “The question is not can they reason, nor can they talk, but
can they suffer?”
Utilitarian theory continues to support the use of animals for human purposes- rejects
“unnecessary” cruelty
The Happiness Principle- Greatest happiness for the greatest number; the pleasure of a few
should not cause pain to many
Animals deserve moral consideration and the issue of animal pain and suffering must be part of ethical
considerations about human use of animals.
Bentham’s question “Can they suffer?”
The Beginning of Animal Welfare
1800- first attempt at legislated protection for animals in England- focus on bull baiting. Unsuccessful in
creating new law.
Concern regarding cruelty to animals is the main reason for the bill; marks a new perspective
and future animal welfare legislation follows this path.
Additional attempts failed in 1809 and 1821.
1822: “An Act to Prevent the Cruel and Improper Treatment of Cattle”
Increasing public concern about highly visible animal cruelty helped this animal welfare bill pass
Created the legal structure that treats animal cruelty as a criminal offence
1824: The Royal Society for the Prevention of Cruelty to Animals with focus on better enforcement
Many amendments to this early legislation were required over the years.
1849: “An Act for the More Effectual Prevention of Cruelty to Animals”
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