
Direct action, protests
and demonstrations have their place in every important social movement,
but I believe lasting change must arrive through education, legislation,
and litigation. Ours is a system of laws, and laws are organic and
always evolving. Its progressive potential must be used to enforce the
basic interests of all nonhumans. How does this happen? From the
standpoint of an animal law attorney, through effective representation
of individual clients. I try to help people whose animals have been
injured or killed by the negligent or intentional acts of others,
including animal care professionals, boarding facilities, and other such
businesses. I support lawsuits that require government agencies to
enforce animal welfare regulations. I encourage law enforcement agencies
to aggressively prosecute violations of anti-cruelty laws.
Some might say this
process is too gradual. There are a few animal rights activists who
propose to abolish the property status of animals and allow domestic
species to become extinct. Must the human-animal relationship be
extinguished in order to give animals protection from abuse? In my
opinion, no. I believe animals, both wild and domestic, enrich the lives
of people. I also believe humans have the capacity to greatly enrich the
lives of animals. Human civilization has much to gain by saying no to
animal abuse and extending a hand of kindness to our nonhuman friends.
What constitutes animal
abuse? Any human activity that causes sentient animals to suffer and die
needlessly is abuse. Killing animals for their fur is abuse. Killing
animals in the name of sport is abuse. Killing animals in wasteful and
horrific laboratory tests is abuse. Raising animals in factory
conditions for slaughter is abuse. Killing or hurting animals out of
angry or sadistic impulses is abuse.
Lawyers throughout the
world are fighting for animal protection and making important strides.
One of my favorite efforts is the Great Ape Legal Project. Because
chimps, bonobos, gorillas and orangutans share so many of our emotional
and cognitive features, GALP lawyers argue they should be granted basic
civil rights. The legislative assemblies of Great Britain, New Zealand
and Germany have considered important legislation granting great apes
protection from experimentation, and other countries have considered the
issue of giving great apes the status of quasi-citizens. If great apes
are recognized by the law as possessing basic rights, that could be the
first step toward more protection for other animals as well.
A growing number of
lawyers and law students are questioning the property status of animals.
But if animals are not considered property, what are they? Should they
be given the same status as children or incompetent persons, whose
interests are enforced by guardians ad litem in courts of law? Some say
animals may in some respects benefit by their status as property,
because it guarantees at least some minimum level of care, albeit for
economic reasons. Others believe so long as animals are property, humans
will abuse them at will. Perhaps the answer is to create a special kind
of property status, one that recognizes the capacity of sentient animals
to feel happiness, pain, joy, and sadness, but that also allows humans
to make decisions for the mutual well-being of humans and nonhumans
alike.