Animals, Property and the Law

by Gary L. Francione

Asks why has the law failed to protect animals from exploitation? Exploring different facets of this issue, this title discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania.

Genres: Animals, Philosophy, Vegan, Nonfiction, Law

274 pages, Paperback

First published April 28, 1995

About the author

A prominent and respected philosopher of animal rights law and ethical theory, Gary L. Francione is known for his criticism of animal welfare laws and regulations, his abolitionist theory of animal rights, and his promotion of veganism and nonviolence as the baseline principles of the abolitionist movement. Unlike Peter Singer, Francione maintains that we cannot morally justify using animals under any circumstances, and unlike Tom Regan, Francione's theory applies to all sentient beings, not only to those who have more sophisticated cognitive abilities.

Reviews

[Foppe · Rating 5 out of 5]

While this is a very well-structured and readable book in the category 'books that cite and discuss lots of case law in excruciating detail', I would suggest that if you are interested in animal rights, or the question how our treatment of animals as living property, brought into existence because we wish to use and kill them is supported by the legal system, please first read Animals as Persons: Essays on the Abolition of Animal Exploitation and/or Animal Rights: The Abolitionist Approach, as either of these books covers much the same (conceptual) territory in a rather more accessible manner, and to only read this book after those (and Introduction to Animal Rights: Your Child or the Dog?) if you wish for additional examples, or a lengthier discussion of how the pieces of the legal puzzle fit and work together.

[Nathan · Rating 4 out of 5]

With a potent combination of welfarist history, case-based evidence and nuts-and-bolts abolitionist AR theory, Francione deftly pokes precise and gaping holes in welfarist thinking. This complex book serves as animal rights primer, welfarist critique and an exposé of the vivisection industry. Excellent!

[Șopârtoc Larisa · Rating 5 out of 5]

I respect u Gary Francione

[Jasmine · Rating 4 out of 5]

Seems very thoroughly researched. The academic tone will be a turn off for some people.

[Dorian Santiago · Rating 4 out of 5]

Gary L. Francione was remarkable in his deconstruction of legal welfarism, which attributes the status of property to an animal and allows the property owner to determine the maximization of that animal's value. Through that doctrine, the owner justifies the animal as a means to an end rather than an end, and therefore has total power to determine treatment factors such as what's "necessary," "humane," "cruel," and the like, which allows them to contort the law in favor of the property owner and never in the intrinsic value of the animal.

There was no dearth of legal examples and amazing analysis in this book, particularly when it came to the difference between policy-based rights and respect-based rights. Naturally, there could be no discussion of animals' so-called rights as property without making an equivocation to chattel slavery, and Francione laid it out remarkably: since slaves were regarded de jure as persons and property (three-fifths of a human, anyone?) but were de facto property, any de jure rights they due as persons were irrelevant, as the rights of the slaveowners would always prevail.

It is a dense read with plenty of jurisprudential analysis, and I found that enjoyable. I'll be referring to several chapters on occasion, to continue examining any bias toward human dominion of animals and selective application of "humane" treatment of one kind of animal over another, which is so often a symptom of the speciecism that prevails in our world.

[Kramer Thompson · Rating 3 out of 5]

A fairly interesting read which covers the legal ground extremely thoroughly. It is obviously quite dry and at some points repetitive, but it is also at times fascinating how the (American) legal system treats animals. I learned a lot from reading it and am glad to have done so. Overall, well worth reading.

[Kim Drnec]

Francione is an amazing author and philosopher. I spent 4 hours with him in a vegan Chinese restaurant in Philadelphia one summer and my point of view, beliefs and way of thinking about animals and their rights was forever changed. I can't recommend his books enough, and if you get the chance to meet him take it!

[Rico · Rating 4 out of 5]

Not the most engaging read, but Gary Francione's first book, outlining the law's steadfast commitment to uphold existing legal rights, heavily slanted towards people and away from other animals.

[egodrip · Rating 5 out of 5]

Engaging and well-argued but certainly not an introductory piece.

[Ella Gallaron]

i need for my research paper