Animals and the Law

Subject 732-704 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations: For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have a sound understanding of the legal relationships that regulate human treatment of non-human animals
  • Understand how the status of animals as legal property affects their treatment
  • Better appreciate the manner in which the law entrenches and promotes a societal view of animals as commodities
  • Understand the strengths and weaknesses of the animal welfare model that regulates human conduct towards animals
  • Understand various new theoretical models being developed as a way of creating fairer treatment of animals.

Syllabus:

This subject will examine the history, philosophy and ethical foundation of humanity’s treatment of animals and ask whether the animal welfare model operates in accord with our stated goal of preventing unnecessary cruelty to animals. It will also consider whether a new legal framework is required in order to give proper recognition to animal interests. The subject will focus on farming, where the vast majority of animals are used, but will also use examples from other contexts.

Principal topics will include:

  • Animals and their role in society: How do people regard animals?
  • Animals as property
  • Utilitarianism: The welfare construct in history
  • The animal welfare system
  • Shortcomings of the welfare system: Operational and legal difficulties
  • Animals in research: Experimentation
  • The code process: Using subordinate legislation to exempt cruelty
  • Animal rights: A new legal construct.

 
Assessment:
  • Seminar participation (10%)
  • Research paper 9,000 words (90%) (18 February 2010) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 732-704Animals and the LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Have a sound understanding of the legal relationships that regulate human treatment of non-human animals
  • Understand how the status of animals as legal property affects their treatment
  • Better appreciate the manner in which the law entrenches and promotes a societal view of animals as commodities
  • Understand the strengths and weaknesses of the animal welfare model that regulates human conduct towards animals
  • Understand various new theoretical models being developed as a way of creating fairer treatment of animals.

Syllabus:

This subject will examine the history, philosophy and ethical foundation of humanity’s treatment of animals and ask whether the animal welfare model operates in accord with our stated goal of preventing unnecessary cruelty to animals. It will also consider whether a new legal framework is required in order to give proper recognition to animal interests. The subject will focus on farming, where the vast majority of animals are used, but will also use examples from other contexts.

Principal topics will include:

  • Animals and their role in society: How do people regard animals?
  • Animals as property
  • Utilitarianism: The welfare construct in history
  • The animal welfare system
  • Shortcomings of the welfare system: Operational and legal difficulties
  • Animals in research: Experimentation
  • The code process: Using subordinate legislation to exempt cruelty
  • Animal rights: A new legal construct.

 

  • Seminar participation (10%)
  • Research paper 9,000 words (90%) (18 February 2010) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.LawLawYNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732704732-7042

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