U.S. NEEDS TO STRENGTHEN
ANIMAL PROTECTION LAWS

Professor Sullivan (978) 681-0800

                                                              FOR IMMEDIATE RELEASE

American law “does nothing to
genuinely protect animals, nor does it recognize their true value and special
place in our homes and within our families,” two animal rights authorities say.

“Our legal system just does
not recognize the bond between people and their companion animals, and when
that bond is severed, it completely fails to compensate for that loss,” write
law professors Diane Sullivan and Holly Vietzke of the Massachusetts School of
Law at Andover.

Furthermore, they write,
torture of laboratory animals is as widespread as it is unnecessary, and they
question “the propriety of treating millions of animals like property for
research at the hand and whim of the researcher.” Proponents of testing argue
that animal research is “necessary” and/or “justified.” “To advance this
position requires a rationale that a dog, cat, or chimp is the equivalent of an
innate piece of property.”

With the advancement of
science and technology, Sullivan and Vietzke continue, “it is now possible to
conduct testing without having to use live animals. Human tissue, donated from
human cells, can be grown in test tubes.”

Moreover, they assert,
computers can use simulation software to virtually conduct tests, even
incorporating “hundreds of variables” to simulate various human conditions and
the effects the drug or product would have on them. 

In an article in the “Journal of Animal Law,” published by
Michigan State University College of Law, Sullivan and Vietzke write: “As wrong
as it is, animals are considered property in the eyes of the law despite the
fact we all know animals feel pain, display emotion, exhibit loyalty and
sadness, and (in some cases) share most of our genetic make-up.” 

In the past, the authors say,
slaves, women, and children all were regarded as chattels and that animals
today are defined as property “because it is convenient---and profitable.” When
this occurs, it allows them to be “exploited, harmed and used for experimentation
and entertainment, all with impunity.”

A glaring example of the
mistreatment of animals occurred during the evacuation of New Orleans residents
during Hurricane Katrina in August, 2005.  “Refugees escaping with their pets to
designated bus pickup areas” were
“commanded to abandon their pets or remain behind with them in danger.”

Sullivan and Vietzke write,
“To forbid people access to safety and shelter when they and their pets are
giving deep emotional support to each other in unconscionable,” and two to
three thousand animals, they add, perished as a result.

“The loss of these lives and
the separation of thousands of others from their human companions have given
urgency to the need to legally reclassify the status of domestic animals from
property to beings,” Sullivan and Vietzke say.

Because of their
classification as property, animals lack standing, which represents a
significant bar to suits brought on behalf of, or for the benefit of,
animals.  “The requirement of
‘injury-in-fact’ is a tough hurdle to overcome,” the law professors note.
“Plaintiffs suing on behalf of animals will be easily defeated if the injury is
one of emotional harm. If an animal is property, how can a plaintiff satisfy
injury-in-fact when emotional harm resulting from pain inflicted on property is
non-recognizable?”

Sullivan and Vietzke reason,
“If Mahatma Gandhi was correct when he said, ‘The greatness of a nation and its
moral progress can be judged by the way its animals are treated,’ then the
United States has a very long way to go before it is a great nation, as
compared to our allies.”

The Massachusetts School of
Law at Andover is a 21-year-old law school whose pioneering mission is to inexpensively
provide rigorous legal education, a pathway into the legal profession, and
social mobility to members of the working class, minorities, people in midlife,
and immigrants.
Through
its television shows, videotaped conferences, an intellectual magazine, and
internet postings, MSL - - uniquely for a law school - - also seeks to provide
the public with information about crucial legal and non legal subjects facing
the country. # (Further information or to arrange for
interviews with MSL Dean and Cofounder Lawrence Velvel, or Professors Sullivan
and Vietzke please contact Sherwood Ross, media consultant to Massachusetts
School of Law at Andover, at sherwoodross10@gmail.com)

This entry was posted on Monday, November 23rd, 2009 at 3:39 pm and is filed under Essays. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.