شناسایی قانونی احساسات حیوانات: اصول، رویکردها و کاربردها

This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition. The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience. This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals. Foreword Acknowledgements Contents List of Contributors Table of Cases Table of Statutes and Legislative Instruments Introduction I. Defining Sentience II. Legal Implications of Sentience Recognition III. The Contributions in this Volume PART ONE: FIRST PRINCIPLES OF SENTIENCE RECOGNITION 1. The Nature and Scope of the Legal Recognition of Animal Sentience: A Functional Comparative Analysis of the Lex Lata, and Critical Remarks on its Future Development I. Introduction II. Sentience in Animal Ethics III. The Emergence of Sentience as a Concept in Law IV. The Legal Recognition of Animal Sentience V. Effects of the Legal Recognition of Animal Sentience de lege lata VI. Lex Ferenda: Towards the Normative VII. Concluding Remarks 2. Sentience, Empathy and the Need for Both Justification and Motivation I. Introduction II. Animal Sentience as a Justification for Protection III. Empathy: A Condition for Caring about Sentience IV. Connecting the Animal and Human Sides of Animal Protection V. Animal Sentience Recognition: Building Empathy, Building Motivation VI. Conclusion 3. Drafting and Interpreting Sentience Provisions: Incorporating Modern Science in Animal Welfare Law as a Legislative Requirement I. Introduction II. What is Sentience and why does it Matter? III. Recognition of Animal Sentience in Law IV. Drafting Sentience Provisions V. Conclusion 4. Sentience Recognition as a Means for Moving Beyond Animal Welfare to Animal Rights I. Introduction II. The Increasing Prominence of Animal Rights and Sentience Recognition III. Criticism of Sentience Recognition IV. Potentiality of Sentience Recognition from an Animal Rights Perspective V. Conclusion PART TWO: REGIONAL AND NATIONAL APPROACHES TO LEGAL RECOGNITION 5. Owning Sentient Beings: The Potential of Sentience Recognition in Continental Law I. Introduction II. Animals as Non-Things: Different Forms of Dereification III. Merely Symbolic? Potential Implications of Sentience Recognition IV. Reconceptualising Ownership: De-objectification of Animals in Civil Law V. Conclusion 6. Common Sense: Animal Sentience and the Common Law I. Introduction II. The Common Law III. The Property Status of Animals at Common Law IV. Animal Protection Law and the Common Law V. The Normative Significance of Animal Sentience VI. Common Law Disputes Concerning Animal Sentience VII. Judicial Reasons for Recognising the Significance of Animal Sentience VIII. Judicial Reasons against Recognising the Significance of Animal Sentience IX. Conclusion 7. All Roads Lead to Sentience: The Past, Present and Future of Animal Legal Protection in Brazil I. Introduction II. Sentience as the Fundamentals of Brazil's Legal Protection of Animals III. The Value of Sentience to Judges: A Jurisprudential Analysis IV. An Everlasting Guideline: Sentience and Animal Protection Bills in Brazil V. Conclusion 8. The Judicial Recognition of Animal Sentience: Developments in Pakistan and India I. Introduction II. Animal Protection Laws in Pakistan and India III. Judicial Efforts to Recognise Animal Sentience IV. Religious Recognition of Animal Sentience in Jurisprudence V. Animal Personhood and the Path Forward VI. Conclusion 9. Legal Recognition of Sentience in New Zealand I. Introduction II. Recognition of Sentience and its History III. Recognition of Sentience and its Impact IV. Conclusion 10. A Field Trip into Québec Law: Exploring the Theoretical Ramifications of Sentience Recognition I. Introduction II. The Animal Law Reform of 2015 III. Theoretical Considerations 11. Perspectives on the Recognition of Animal Sentience in Spain I. Introduction II. Animals are not Property III. Animals as Sentient Beings in the CC IV. Law on the Protection of Animal Rights and Welfare (LPDBA) V. Amendment to the Criminal Code (CP) VI. Conclusions 12. The Animal Sentience Committee: Evolution or Revolution in the Recognition of Animal Sentience in the UK? I. Introduction II. A History and Evaluation of Animal Sentience and Legal Protection in the UK III. The Animal Sentience Committee: Advancing the Legal Recognition of Sentience IV. Future Directions of Animal Sentience and Protection in the UK V. Conclusion 13. Affirmative Acts of Recognition: How Codifications of Animal Sentience Are Ushering Animals into the Focus of US Law I. Introduction II. The Anthropocentric Foundations of US Animal Protection Laws III. Bringing Animals into Focus: The Impact of Animal Sentience IV. The Case for Justice V. Conclusion PART THREE: APPLICATIONS AND LIMITATIONS 14. Sentiency, Exceptionalism and Farm Animal Protection I. Introduction II. Protection of Farm Animals – The Status Quo III. Law, Sentiency and Farm Animal Protection IV. Sentience, Farm Animals and Improved Protection V. Conclusion 15. Err on the Side of Sentience: The European Precautionary Principle, Article 13 of the Treaty on the Functioning of the European Union, and Invertebrates I. Introduction II. European Precautionary Principle and its Applicability to Animal Welfare III. Precautionary Reasoning: Err on the Side of Sentience IV. European Precautionary Principle and Protection of Invertebrates V. Conclusion 16. Animal Sentience Recognition and Theoretical Connotations: Possible Implications for Animals in Research I. Introduction II. The Use of Animals in Research III. Background to the Legal Recognition of Animal Sentience IV. Sentience Recognition and its Theoretical Connotations V. Potential Implications of Sentience Recognition for Animals in the Context of Research VI. Conclusion 17. The Utility (or Otherwise) of Symbolic Legislation I. Introduction II. Definitions of Symbolic Legislation III. When Does the Legislative Recognition of Sentience Become Symbolic? IV. The Advantages of Symbolic Legislation V. The Disadvantages of Symbolic Legislation VI. The Overall Utility of Symbolic Legislative Recognition of Animal Sentience VII. Conclusion Index