Literature Review

Learn about cutting-edge Earth Law developments in journals from across the world! You can sort by topic, date, geography, and other categories.

Learn about cutting-edge Earth Law developments in journals from across the world!

Journal
Lawyer Representation in Ethical or Judicial Processes Involving Veterinarians: the Importance of a Competent Legal Structure

Fernando Leandro dos Santos

2023

March 7, 2025

Under the age of animal rights, which is experiencing rapid expansion of regulation and public awareness, the question arises: is the veterinarian aware of the administrative and/or judicial consequences of his interventions and is he capable of responding to them in a scientific and clear? Therefore, if that measure would be appropriate in favor of the collective interest, the answer could even be yes. But the collective interest overlaps with the individual, and one can add, for example, that it is "necessary to the collective interest as a means of reducing disease risks", because, in Law, an apparent conflict of norms can be resolved through the criterion of collective interest, which overrides the individual.

Animal / Species Rights
Journal
Animal Welfare: the Correct Human-Animal Relationship

Elisa Ferrari

2023

March 7, 2025

An incorrect human-animal relationship represents a real social stress in cattle. Since cows are subjected to numerous manipulations during their productive life, both in conventional and extensive breeding, various risky situations are created for both man and animal. Knowing how the cow perceives the surrounding world, how information is transmitted between mates, and which easy practices to adopt to improve this relationship, is useful for ensuring human safety and animal welfare.

Animal / Species Rights
Journal
Forests: Beyond Timber

Rodrigo Arce

2023

March 7, 2025

The purpose of this article is to reflect on the implications of recognizing the intrinsic value of life in forests and, to this end, it proposes a forestry vision beyond timber; it takes as a reference the contributions of the Colombian philosopher Carlos Maldonado and complements them with the contributions of the process "Towards a new Forestry Policy for Peru" in which the author acted as a systematiser. It is found that the denomination of forest resources obeys an economicist con­ception sustained by a disjunctive form of human relationship with forests. The currents of nature conservation indicate that there is a biocentric turn that overcomes the anthropocentric ethic that has prevailed to date. Hence the need to broaden the forest concept reduced to timber. From the reflection it is concluded that the incorporation of an expanded vision of forest sciences includes the recognition of the value of non-human life in forests, a novel and transforming process in ac­cordance with the evolution of the understanding of the relationships between nature (forests) and human beings. The maintenance, on the one hand, of a strongly reductionist, disjunctive, mecha­nistic, deterministic forestry science, and on the other hand the timber bias, has deprived further development in other important fields of human welfare and human security, in tune with the advancement of the recognition of the rights of nature, animal rights and the recognition of sensi­tivity and intelligence in plants.

Animal / Species Rights
Journal
Perception of Brazilian Agricultural Sciences Students on Animal Welfare: A Profile-based Approach

Maria Eugênia Andrighetto Canozzia Estación, Susana Cardoso, Cristian Rogério Foguesatto & João Augusto Rossi Borges

2023

March 7, 2025

The agricultural professionals are ethically obligated to provide good care for the animals under their care. We analysed Brazilian agricultural science students’ profiles based on their perceptions of animal welfare (AW). The survey included 239 students from agronomy, animal science, and veterinary courses in 44 universities. A factor analysis and a cluster analysis identified four students’ profiles. “The farm animal stewards” group (n= 79) focused their perceptions of AW on basic health and functioning as a basis for meat, wool, egg, and dairy production, while the “the industrial view” group (n= 15), in the profitability and economic factors. “The animal rights position” (n= 76), in the face of conflicting interests (animals vs. owners), perceive that the animal’s interest should prevail and give an equal treatment for all species. ”The balanced” group (n= 69) incorporates concepts from animal and human to explain their perceptions. The students’ perception of AW is multifaceted and influenced by value-based ideas about what is important or desirable for animals and all stakeholders. Scientific fields focusing on AW need to be emphasized within agricultural science curriculum.

Animal / Species Rights
Journal
Overview to Concepts of Animal Law

Terhi Simonen-Jokinen

2023

March 7, 2025

Questions related to the protection of animals can be approached from the perspectives of animal welfare or animal rights. The legal status of animals is affected by their rote as an object of property law. In the Finnish legislative culture, animal welfare has been considered to be a protected legal good and animals are protected legal objects. On the other hand, in the European perspective the animal welfare can be seen as a public good that is protected by the public authorities. Animal rights can also be estimated from the perspective of legal subjectivity. Because an animal cannot defend itself, it would need the power of speech by humans to fulfil its legal subjectivity. The intrinsic value of animals and animal rights have been the subject of wide discussion. Our current basic rights system is based on human rights, but it has been suggested that animals may also have some basic rights.

Animal / Species Rights
Journal
The Protection of Animal Rights: Italy and Switzerland, Constitutions Compared

Cinzia Cilento

2023

March 7, 2025

With the approval of the Chamber of Deputies, the constitutional reform that provides for the amendment of article 9 and article 41 of the Italian Constitution (const. law n. 1/2022) represents an important turning point in terms of protection of the environment, ecosystems, and animal rights. Although this achievement sets an important benchmark for environmental constitutionalism, the peculiarities of the modifications made to the Constitution and their impact on the legislature's decision-making process based on the established legal reserve need to be investigated. The following paper proposes to explore the protection of animals integrated into the fundamental principles of the constitutional text, through a comparison of the amendments regarding articles 9 and 41 of the Italian Constitution with those made in 1992 through article 120 in the Federal Constitution of the Swiss Confederation, the first country in the world to constitutionalise the principle of the dignity of animals. Through the comparative study of the two legal systems mentioned, the concepts of 'dignity', 'integrity' and 'creature' will be examined to outline the material applicability in the short-term, and the possible long-term effects which can be reasonably expected as a consequence of the amendments to the Italian constitutional text. In this regard, a comparison is proposed by visualising the results obtained in the years following the approval of article 120 of the Swiss Constitution. Through the comparative study of the two constitutional texts with respect to the environmental issue and the legal status of animals and their rights, the objective seeks to investigate how climate change impacts legal systems and in what manner the law enforcement process can represent an efficient vehicle through which to address climate and environmental challenges.

Animal / Species Rights
Journal
Animals and Business Ethics

Natalie Thomas

2023

March 7, 2025

Animals and Business Ethics is an edited book that applies business ethical theory to nonhuman animals. It explores the ethics of commodifying animals in a business context, how stakeholder and social contract theories relate to animals, how business can be regulated to improve conditions for animals, how to create more humane jobs for humans and animals, and the linkages between human and animal well-being, in the context of human workers and consumers who interact with animals in business. Business ethics literature has underrepresented animals, although this is beginning to change. This book is an introduction to how business ethics theory can be applied, through a range of theoretical chapters and case studies. Animals and Business Ethics is a valuable contribution to the literature, which opens space for additional research.

Animal / Species Rights
Journal
Rational Hope for the Animal Rights Movement

Nico Dario Müller

2023

March 7, 2025

Animal ethicists have worried that hoping for the success of the animal rights movement is epistemically irrational because it contradicts our best evidence and practically irrational because it makes animal rights advocates complacent. Against these worries, this article defends the claim that animal rights advocates can rationally hope for the success of their movement despite grim prospects. To this end, the article draws on Philip Pettit's (2004) account of hope to articulate the novel notion of “careful substantial hope.” Hope in this sense is a cognitive strategy of thinking as if movement success is likely because the right strategies and tactics will be employed. The article concludes with suggestions for how philosophers can encourage this kind of hope.

Animal / Species Rights
Journal
Animal Rights in Islam and Judaism (an Analytical Study)

Dr. Muhammad Sarwar, Dr. Muhammad Ashfaq, Dr. Ahmad Raza

2023

March 7, 2025

The ethical treatment of animals has been a topic of great interest throughout human history, with religious teachings often guiding societal attitudes towards animals. This study offers a comparative analysis of animal rights within the frameworks of Islam and Judaism. Both religions, with their deeply rooted traditions and extensive canonical texts, provide insights into humans' moral and practical responsibilities towards animals. In Islam, the Quran and Hadiths frequently emphasize the importance of kindness to animals. These texts highlight the notion that animals are communities unto themselves and that they are a significant part of God's creation. This leads to various teachings and prophetic traditions that guide Muslims in ensuring the welfare of animals, from their treatment in daily life to their humane handling in the context of food preparation. In Judaism, the Torah, Talmud, and other rabbinical writings echo many of these sentiments. The Jewish principle of (the prohibition against causing unnecessary suffering to animals) underscores the ethical responsibilities that Jews have towards animals. This study serves as a foundation for further exploration of the topic. It encourages the bridging of gaps between different religious communities, promoting shared values and the collaborative enhancement of animal welfare standards globally.

Animal / Species Rights
Journal
Veganism's Anti-Anthropocentric Capacity: A Critical Analysis of the Advocacy Discourse of Three Prominent Vegan Organisations

Louis Arthur Gough

2023

March 7, 2025

Aubropocentrism has been identified as a root cause of nonbuman animal and intra-oppressions and the enuroealcusiVegamsm has been celchrated as philosopby and practice capable of undermining anthropocentrism, yet the anti-anthropo-centric capacity of vegan advocacy is understudied. The current research provides a criticalamplesis of the outive adiscacy discourse of three promment vegan organisations-Vegan Society, PETA, and Viva! - elucidating areas of antbropocentric reinforcement and subversion in correspondence to tbe conceptual characteristio of anthropocentrism buman-centred narcissism and exceptionalism, the perceived human/animal dichotomy, buman-centred narcissism and exceptionalism, the perceived human/animal dichotomy, and a corresponding moral hierarchy that exalts particalar understandings of the 'humanto the detriment of all considered other-than (Calarco 2014). Given the interconnectednessnonbuman and buman oppressions and importance of decentring the anthropocentric conception of the "buman' the intersectional strengths and sbortcomings of the organisa-tons' vegan advocucy is additionally considered, with many areas of needed improvement being highlighted. The article contributes to research on vegan/nonhuman animal rights

Animal / Species Rights
Journal
The Move from Ag-Gag Laws to Farm Protection Statutes

Macy G.H. Perry

2023

March 7, 2025

There is currently a dispute in this country between animal rights activists and agriculturists concerning state-enacted legislation, commonly called an ag-gag law, which holds individuals either criminally or civilly liable for conducting undercover investigations at agricultural operations in order to expose animal abuse. While these ag-gag laws in many ways help protect animal welfare, they have continuously struggled to maintain their constitutionality under First Amendment legal challenges. Therefore, this Note argues that the better route to protect animal welfare and promote transparency in agriculture would be to enact arm protections statutes.

Animal / Species Rights
Journal
Human-Wildlife Coexistence: Ethical Analysis through Media Content

Sally Carraro

2023

March 7, 2025

Human-wildlife coexistence is a very complex issue that involves conflicts that need to be analysed and managed to minimise the negative impact on biodiversity and humankind. Human-wildlife conflicts entail ethical issues related to stakeholders’ values, and the ethical aspects are particularly important when conflicts concern the reintroduction and management of endangered large carnivores in human landscapes. Trentino’s current situation concerning brown bears is an exemplary scenario. This study thus investigated ethically relevant aspects of the case JJ4 using media content analysis. Indeed, media information has a huge impact on the general public’s opinion. We collected reports using Google News and used the statements they reported to fill an ethical matrix. The ethical matrix is a tool which can consider the point of view of relevant stakeholders following three general ethical principles: well-being, autonomy and fairness. In this study we filled the ethical matrix only through a bottom-up methodology in which the value demands report the interests, values, and needs directly expressed in mass media by representatives of different stakeholders. The preliminary results show that the viewpoints of some stakeholders are more frequently reported compared to others, especially politicians and animal rights activists. There is a lack of information about residents, hunters and farmers, even if they are directly involved in the coexistence with bears. This information gap risks to convey people’s perspectives. To support a more equal decision-making process in brown bear conservation a top-down approach is necessary to complete the ethical matrix in order to map all the interests and values involved.

Animal / Species Rights