Out of Eden: wild animals and the law

Thiriet, Dominique (2013) Out of Eden: wild animals and the law. In: Sankoff, Peter, White, Steven, and Black, Celeste, (eds.) Animal Law in Australasia: continuing the dialogue. Federation Press, Sydney, NSW, Australia, pp. 226-244.

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Abstract

[Extract] Other chapters in this book have examined the widespread suffering of animals in domestic, agricultural, recreational and scientific settings - in essence wherever animals are in close contact with humans and their exploitation is facilitated by their legal status as human property. Because wild animals are, by definition, subject to no or limited direct contact with humans, one could be tempted to assume that their welfare is not as compromised as that of other categories of animals, at least from human-induced causes. One might also be reassured by the fact that the common law generally recognises no property in wild animals, thus removing one justification for exploitation. 1 In reality, the welfare of wild animals is compromised, sometimes severely, by intentional as well as incidental harm caused by a variety of human practices. Hence the unique legal status of wild animals has not been particularly helpful to protect them from exploitation and suffering. The ecological value of native animals, that is, their crucial contribution to the biodiversity of ecosystems, is no guarantee of protection either.

Item ID: 32140
Item Type: Book Chapter (Research - B1)
ISBN: 978-186287-930-0
Keywords: animal law, wildlife
Date Deposited: 08 May 2014 05:40
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180199 Law not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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