The Animal Law Questions 2022

Running head: ANIMAL LAW
ANIMAL LAW
Name of the Student
Name of the University
Author Note

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Question 1
In the nation of Australia, animals have been utilized for purposes such as teaching and
research. A book named ‘The Principles of Humane Experimental Technique’ was published by
the authors named Rex Burch and William Russell in the year of 1959. Their book highlighted
and underlined the ‘reduction, refinement, and replacement’ in relation to the utilization of
animals, and the aforementioned notions have been denoted as the ‘Three Rs’. The
aforementioned principles have stimulated and exhilarated the researchers to work adequately in
order to cause a reduction in the quantum of utilization of animals for experimental purposes.
According to Burch and Russell, the pain and distress that is caused to the animals during such
research procedures must be refined and restricted, and if possible non-animal alternatives must
be utilized by the researchers in lieu of actual animals1.
However, it may be said that in spite of the statements and ideologies forwarded by
Burch and Russell in relation to the utilization of animals for research purposes, the quantum of
animals that are being utilized for the purposes of testing and research have increased. Such
increase in utilization of animals have raised serious scientific and ethical issues. Further, it may
be stated that the ‘The Rs’ do not sufficiently imitate or replicate the considerable developments
in relation to the mental, emotional and cognitive abilities regarding the animals, the separate
interests and welfare in relation to the animals, or a modernized understanding in relation to
possible harms and risks that are connected to the research of animals.
A particular strategy in relation to animal law is the ‘Abolition of Property Status’. The
sturdiest advocate in relation to this strategy is considered to be Professor Gary Francione, a
1 Timoshanko, Aaron C., Helen Marston, and Brett A. Lidbury. "Australian regulation of animal use in science and
education: A critical appraisal." (2017) ILAR journal 57.3: 324-332.

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legal professor of American descent. According to the writing of Francione, it may be mentioned
that a rights-based moral and ethical position, which is founded upon sentience, has been
adopted. He has applied the principle and notion in relation to equal consideration. As per the
strategy mentioned above, it can be said that the most essential right shall be considered to be the
right and entitlement of not being treated as any kind of property. Therefore, the ‘Abolition of
Property Status’ should be considered to be a chief objective in relation to the community
regarding animal rights2.
However, it can be said that the approach in relation to animal welfare has been failing. It
has been highlighted that such approach will keep on failing because it mandates a proper and
adequate balance regarding the interest in relation to the owner of property with the interests in
relation to the animal property. It can be stated that where an animal will be utilized as a
property, then in such situation even the most central interests of the animal shall be
subordinated to most minor and inconsequential interests of the humans.
The case of Ford v Wiley (1889) 23 QBD 203 is considered to be a relevant case in this
regard3. A particular principle had been forwarded. It is known as the ‘Principle of
Proportionality’. As per the ‘Principle Proportionality’, in a particular situation, analysis is
mandated in relation to two facets. Firstly. It is the legitimacy in relation to the object. Secondly,
it is the legitimacy in relation to the means. It may be demonstrated that the means shall be
proportionate in relation to the end that is required to be realized or accomplished. It leads to the
conclusion that the more the legitimacy in relation to the purpose, then there shall be more
opportunity for inflicting harm on the animals. According to Hawkins J., it may be said that in
2 Ellis, Elizabeth. "Malcolm Caulfield. Animals in Australia: Use and Abuse. Vivid, 2018. 336pp." (2018) Animal
Studies Journal 7.2: 218-221.
3 Ford v Wiley (1889) 23 QBD 203.

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order to attain one object or purpose the infliction of additional pain might be warranted or
vindicated than the toleration in order to secure another4.
The ‘Principle of Proportionality’ may be applied to specific practice or utilization of
animals. For instance, the aforementioned principle may be applied in the case of abuse of sheep
in relation to wool industry. In the wool industry of the nation of Australia, the workers in
relation to the wool industry shear the sheep with unwanted and unnecessary cruelty. The sheep
are assaulted and violently treated by the workers while they shear the wool from the body of the
sheep. The sheep are only considered and treated as a commodity and nothing more. This kind of
inherent and unwarranted cruelty has been going on for years, even after strict legal rules and
guidelines in that regard. Therefore, after the application of the aforementioned principle it can
be said that there is no balance or proportionality in relation to the abuse or utilization of sheep
for wool. It may be stated that the harm and pain that is inflicted upon sheep is disproportionate
and unnecessary. Even in relation to the legitimacy in relation to the purpose, the infliction of
harm on the sheep is unwarranted and unnecessary5.
However, according to Sankoff, it may be said that proportionality analysis transpires
against the milieu of anthropocentric superiority of humankind. It has been stated by Sankoff that
majority of the purposes in relation to animal harm are regarded as legitimate and valid. Only the
sadistic purposes are considered to be illegitimate. Means that gives production relating to
economic benefit shall anytime be considered and reasoned as valid and legitimate.
In the nation of Australia, the responsibility and obligation in relation to animal welfare
has been, to a large extent, retained and reserved by the territories and states through a
4 Jans, Verna, et al. "Balancing animal welfare and assisted reproduction: ethics of preclinical animal research for
testing new reproductive technologies." (2018) Medicine, Health Care and Philosophy 21.4: 537-545.
5 Bendor, Ariel L., and Hadar Dancig-Rosenberg. "Animals Rights in the Shadow of the Constitution." (2018)
Animal L. 24: 99.