Reform Issue 91, Summer 2007-08 – Animals
Non-human animals have traditionally been left out of the rights equation. However, many people are now starting to rethink traditional legal concepts and the issue of animal rights is shaping up to be the next big social justice issue for law reformers.
Whilst Australia is lagging behind Europe and the United States in the development of ethical farming practices and ethical consumerism, the steady increase in the number of animal law courses offered in Australia since 2005 hints that animal law is finally being taken seriously.
Reform 91, ‘Animals’ presents a range of perspectives from lawyers, animal rights advocates and academics aimed at stimulating community debate about animal rights and the issues associated with current animal laws.
The Australian Law Reform Commission is deeply honoured to be able to open Reform 91, ‘Animals’ with a piece from Professor John M Coetzee, Nobel Laureate in Literature and author of Lives of Animals (1999) and Elizabeth Costello (2003). Prof JM Coetzee of Adelaide University, argues that ‘the common understanding of the right to life for animals and their right to go living’ is not the same for all species— particularly for livestock, who are bred for their products and do not have the ‘right to some kind of autonomous procreative life’.
We are also honoured to present articles from two leading international animal rights philosophers Steven Wise—an internationally acclaimed animal protection advocate, author and animal law lecture and Tom Regan—American philosopher and animal rights activist.
Steven Wise, President of the Center for the Expansion of Fundamental Rights Inc in USA, presents an argument in favour of basic legal rights for non-human animals under the common law. Tom Regan defends the perspective of Animal Rights Advocates in relation to the treatment of animals by animal industries.
Other issues discussed include ‘Suicide foods’: the anthropomorphising of animals (Prof Mark Kingwell, University of Toronto); the philosophy behind animal welfare (Geoffrey Bloom, Geoffrey Bloom & Associates); the law and pig farming (Dr Malcolm Caulfield, legal counsel for Animals Australia); Animals and the law in Australia: a livestock industry perspective (Kathleen Plowman, General Manager Australian Pork Ltd, with Alan Pearson and John Topfer); the treatment of feral animals (Graeme McEwen, Barristers Animal Welfare Panel); the ethics of animal biotechnology (Professors Mickey Gjerris and Peter Sandoe, University of Copenhagen); animal derived food labelling (Katrina Sharman, General Counsel Voiceless, the fund for animals); the common law and animal rights (Nichola Donovan, Lawyers for Animals);animals, guardianship and the local courts (Ruth Pollard, Public Trustee NSW); and animal courses in Australia (Steven White, Griffith University Law School).
Reform 91 also contains an update on the current ALRC inquiry into privacy—as well as the usual law reform work underway in Australia and overseas.
Books reviewed in this issue of Reform are:
- Australian Constitutional Law: Commentary and Cases By Suri Ratnapala, Thomas John, Vanitha Karean and Cornelia Koch, Oxford University Press, 2nd edition, 2007
- Pillars of Power: Australia’s Institutions By David Solomon, The Federation Press, 2007
- Interrogating Images: Audio-Visually Recorded Police Questioning of Suspects By David Dixon with Gail Travis, Sydney Institute of Criminology, 2007
- Cyberspace Law: Commentaries and Materials By Yee Fen Lim, Oxford University Press, 2nd edition, 2007
- Crime in Rural Australia By Elaine Barclay, Joseph Donnermeyer, John Scott and Russell Hogg (eds) Federation Press, 2007
- Water Politics in the Murray Darling Basin By Daniel Connell, The Federation Press, 2007
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Contents
Animals
Comment By David Weisbrot
On the right to life By J M Coetzee
The basic rights of some non-human animals under the common law
By Steven M Wise
Charlie the Tuna, and other 'suicide food' fallacies By Mark Kingwell
What we learn from Alice By Tom Regan
Everyone is in favour of animal welfare By Geoffrey Bloom
The law and pig farming By Malcolm Caulfield
Animals and the law in Australia: A livestock industry perspective By Alan Pearson, Kathleen Plowman and John Topfer
The challenge posed by feral animals By Graeme McEwen
Ethical perspectives in animal biotechnology By Mickey Gjerris and Peter Sandoe
Lifting the veil of secrecy on animal-derived food products By Katrina Sharman
Is common law the key to upholding an animal’s right not to suffer By Nichola Donovan
Animals, guardianship and the local courts: towards a practical model for advocacy By Ruth Pollard
The emergence of animal law in Australian Universities By Steven White
ALRC Inquiries
Achieving national consistency in privacy regulation By Jonathan Dobinson
Rebuttable presumption: the way forward for Legal Professional Privilege By Tom Smyth and Christian Strauch
Regular Features
Comment—David Weisbrot
Commission news
Reviews
Reform roundup
Clearing house
Contacts