Animal Rights: History, Philosophy & Jurisprudence Instructor: Shai Lavi Intensive Course Faculty of Law, University of Toronto September 25 - October 5, 2006 Table of Content 1. Introduction: The Animal Question Aristotle, "Justice Requires Friendship," in Political Theory and Animal 1 Rights 101-102 (Paul A.B. Clarke & Andrew Linzey eds., 1990) Aquinas, "No Friendship with Irrational Creatures," in Political Theory 4 pp. 102-105 Montaigne, "Exclusion from Friendship is Not Rational," in Political 5 Theory pp. 105-112 "Federal [Canadian] Legislation", in Animal Welfare Legislation pp. 149- 11 155 "Ontario [Legislation]", in Animal Welfare Legislation pp. 184-204 17 2. Animals as Property: Dominion over Animals Gary L. Francione, Animals, Property, and the Law 33-49, 50-64 (Temple 29 University Press 1995) Watson v. Hayward, (2002) BCPC 259 49 Rene Descartes, "Animals as Automata," in Political Theory pp. 14-17 61 3. Animals as Sentient Beings: Preventing Cruelty to Animals Mike Radford, Animal Welfare Law in Britain: Regulation and 63 Responsibility 33-59 (Oxford U. Press 2001) Emmanuel Kant, "Duties to Animals are Indirect," in Political Theory and 79 Animal Rights pp. 126-127 Jeremy Bentham, "Duty to Minimize Suffering," in Political Theory and 81 Animal Rights pp. 135-137 Church of the Lukumi Babalu Aye v. City of Hialeah, Supreme Court of 83 the United States, 1993 508 U.S. 520, 113 S. Ct. 2217 reprinted (excerpts) in Animal Law: Cases and Materials pp. 335-348 4. Animals as Social Beings: Promoting Animal Welfare Mike Radford, Animal Welfare Law in Britain pp. 261-288 99 Hoctor y. U.S. Department of Agriculture, United States Court of 115 Appeals, Seventh Circuit, 1996, 82 F.3d 165, reprinted (excerpts) in Animal Law: Cases and Materials pp. 544-555 Christiane Meyer, Animal Welfare Legislation in Canada and Germany 127 pp.32-76 5. Animals as Creatures: Criminal Prosecution of Animals E. P. Evans, The Criminal Prosecution and Capital Punishment of 151 Animals 18-36 (The Lawbook Exchange, 1998) (1906) William Ewald, "Comparative Jurisprudence (I): What was it Like to Try 163 a Rat", 143 U. Pa. L. Rev. 1889, 1905-1921 6. Animals as Persons: Defending Animal Rights "A Declaration on Great Apes," in The Great Ape Project: Equality 191 bevond Humanity' 4-7 (Paola Cavalieri & Peter Singer eds., St. Martin's Press 1994) Regan, "The Struggle for Animal Rights," in Political Theory and Animal 197 Rights pp. 176-186 David DeGrazia, "On the Question of Personhood beyond Homo 203 sapiens", in In Defense of Animals: The Second Wave 40-53 (Peter Singer ed., Blackwell 2006) 7. Animals as Components in the Ecosystem: Sustaining Animal Environment Lewis Petrinovish, Darwinian Dominion: Animal Welfare and Human 213 Interests 369-390 (MIT Press 1999) 8. Conclusion: Animals, Humans and Laws J. M. Coetzee, The Lives of Animals 58-67 (Princeton U. Press 1999) 227