LAW 462 Animals and the Law

Credit points: 10 points
Offered: Summer School
Contact hours: T, W, F (beginning 5 Jan) 1-3pm
Coordinator: Peter Sankoff
Prerequisites:

Course overview

Society’s treatment of animals and the legal framework that regulates the existence of animals that live with and all around us is a matter of emerging concern.  For centuries, animals were treated as nothing more than property, but during the latter half of the twentieth century, it became apparent that this model did not adequately reflect the fact that animals are beings that suffer, and are dependant upon humanity for survival.  

Recognition of this fact has forced the law to develop new frameworks in which to address the needs of animals and also the desire to create a better moral vision of the human-animal relationship.  This course will examine the history, philosophy, and ethical foundation of humanity's treatment of animals and ask whether our current treatment accords with our stated goal of preventing unnecessary cruelty to animals.  We will also consider whether a new legal paradigm is required in order to give proper recognition to the interests of animals.  

The course will focus on examples that are relevant to the legal systems of every country.  Jurisprudence and statutes from Canada, the United States, the EU and Israel will be considered, but the primary focus will be upon Australia and New Zealand.  Nonetheless, the general principles of animal welfare law are applicable in every jurisdiction.  

Objectives

A student who has successfully completed this subject should understand:
•    the legal relationships that regulate human treatment of non-human animals;
•    how the status of animals as legal property affects their treatment;
•    the manner in which the law entrenches and promotes a societal view of animals as commodities;
•    the strengths and weaknesses of the animal welfare model that regulates human conduct towards animals;
•    various new theoretical models being developed as a way of creating fairer treatment of animals.
•    practical issues in the courts that inhibit the enforcement of laws protecting animals
 

Course Content

As an introductory course on animals and the law, it will not be possible to cover every aspect of this topic.  Instead, we will try to focus on a number of core principles and ideas in the first part of the course, and then use examples and specific subject areas to flesh out these ideas. 

Topics include the development of the humane movement; consideration of whether all animals should be treated as property and the justification for such an approach; issues such as standing (whether people should be able to raise legal claims on behalf of animals), the development of animal protection legislation and what it does for animals; and the emergence of a concept of animal rights. Several classes focus on the use of animals in medical and cosmetic research, hunting, and factory farming.  Certain international agreements on animals will also be considered.
 

Text/Course Materials: 

The prescribed text for this course is Sankoff, P and White, S (eds.), Animal Law in Australasia: A New Dialogue (2009) (ALIA) and is available from the University Book Store.  Students must purchase this book in order to take the class. 

A supplementary casebook (SCB) will be made available for pick up from the Faculty office. Additional materials will be handed out from time-to-time in class.

Assessment 

This course has no final exam.  Traditionally, assessment is conducted through a combination of three sources:

•    10% participation (in class, or through discussion on the class website)
•    30% mid-semester test,
•    60% final research paper, 3500 words. 

This type of assessment may change from year to year.