LAW558
Animals and the Law
(Sankoff)
Prerequisite courses:
Prerequisite for:
Instructor(s): Professor Peter Sankoff
Course credit: 3
Method of presentation: Seminar
METHOD OF EVALUATION:
To be determined, but likely to include:
1) Participation – 20%
2) Short creative commentary (Max. 2000 words) - 20%
3) Short Paper (based on the experiential option chosen below)(3-5 pages) – 20%
Students must choose one of the following experiential options for the remaining 40%:
Option One (Litigation): Make mock closing submissions before a jury on an animal cruelty case;
Option Two (Legislation): Provide a law reform proposal for a particular provision affecting animals.
Option Three (Education): Speak to a high school class about a contemporary issue involving animals.
10% of the mark will be allocated based on a 2 page reflection that must be written in response to the student's experience from participating in the designated exercise.
Please note that evaluation is spread throughout the term. As such, though it may appear onerous, students write less than the standard word count for a full paper in an ordinary course (10,000 words total), and two of the assignments are linked, allowing efforts to be combined. Furthermore, the evaluation is capable of being completed long before the end of term, leaving students with more time to concentrate on their other courses during the examination period.
COURSE DESCRIPTION:
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 who suffer, and are dependent 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 Australia, the United Kingdom, the United States, New Zealand the EU and Israel will be considered, but the primary focus will be upon Canada. Nonetheless, the general principles of animal welfare law are applicable in every jurisdiction.
This will be a highly interactive class. It will include lectures, class discussion, small group work, role playing exercises (as lawyers negotiating animal law issues), "moot" court exercises and other interactive work.
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.
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.
SPECIAL COMMENTS
Description updated 2019-20. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
None. Supplemental materials to be provided.