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Animal law
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Animal law is a combination of statutory and case law in which the nature – legal, social or biological – of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and research. The emerging field of animal law is often analogized to the environmental law movement because "animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold in the United States and abroad".[1][promotional source?]
Animal law issues encompass a broad spectrum of approaches – from philosophical explorations of the rights of animals to pragmatic discussions about the rights of those who use animals, who has standing to sue when an animal is harmed in a way that violates the law, and what constitutes legal cruelty.[2] Animal law permeates and affects most traditional areas of the law – including tort, contract, criminal and constitutional law. Examples of this intersection include:
- animal custody disputes in divorce or separations[3][4]
- veterinary malpractice cases[5]
- housing disputes involving "no pets" policies and discrimination laws[6]
- damages cases involving the wrongful death or injury to a companion animal
- enforceable trusts for companions being adopted by states across the country
- criminal law – anti-cruelty laws.
- ^ "What Can Animal Law Learn From Environmental Law? | Environmental Law Institute". Environmental Law Institute. July 21, 2015. Archived from the original on October 21, 2016.
- ^ Bernstein 2005, p. 23.
- ^ "Gray v Brimbank CC (Review and Regulation) [2014] VCAT 1485" (PDF). Victorian Civil and Administrative Tribunal. 2014. Archived from the original (PDF) on March 4, 2016 – via bawp.org.au.
- ^ Knight, Russell D. (August 6, 2016). "In Chicago, Illinois, can the court award me custody of my dog, cat or pet?". rdklegal.com. Archived from the original on June 15, 2020. Retrieved December 17, 2024.
- ^ "Detailed Discussion of Veterinarian Malpractice | Animal Legal & Historical Center". Archived from the original on October 21, 2016. Retrieved August 18, 2015.
- ^ "Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs" (PDF). United States Department of Housing and Urban Development. April 23, 2013. Archived from the original (PDF) on October 21, 2016. Retrieved October 21, 2016.
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