A Short History of (Mostly) Western Animal Law: Part II

Authors

Thomas G. Kelch, Whittier Law School

First Page

347

Abstract

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. In Part I of this Article, it was discovered that while economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment, we see social engineering—efforts to change human behavior—come to the fore. In this Part II of the Article, it is found that in the recent modern historical period we finally see protecting animals for their own sakes—animal protection—motivating animal law. In our present historical period, this Part II of the Article uncovers a movement towards what is defined as “scientific animal welfare”—the use of modern animal-welfare science as the inspiration for animal laws and regulations. Does this historical trend toward the use of modern science in making animal law portend a change that may transform our relationship with animals? Modern science tells us that many animals have substantial cognitive abilities and rich emotional lives, and this science would seem to lead us to question the use of animals in agriculture, experimentation, and entertainment altogether. It is ultimately concluded in this Part II of the Article, however, that only a very narrow science of animal welfare is actually being applied in modern animal-protection laws and regulations, one that proceeds from the premise that present uses of animals are legally, ethically, and morally appropriate. It is only in the future that the true implications of modern science may ever be translated into legal reality.

Recommended Citation

Thomas G. Kelch, A Short History of (Mostly) Western Animal Law: Part II, 19 Animal L. Rev. 347 (2013).
Available at: https://lawcommons.lclark.edu/alr/vol19/iss2/5