Regulation of the Treatment of Companion Animals

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Title Regulation of the Treatment of Companion Animals
Author White, Steven William
Book Title Animal Law in Australia and New Zealand
Year Published 2010
Place of publication Sydney
Publisher Thomson Reuters
Abstract This chapter begins with a consideration of the meaning of 'companion animal'. The chapter then considers the significance of companion animals as reflected in law, distinguishing between instrumental and non-instrumental value. The next section addresses the two major qualifications imposed on the instrumental, personal property rights enjoyed by companion animal owners – the prohibition against cruelty and the duty to meet basic welfare needs. These legal obligations are potentially quite stringent, although their application in practice is complicated by resource constraints, regulatory inconsistencies and limited judicial recognition of the significance of harm done to animals. The last part of this chapter considers 'animal management', an area traditionally distinguished from issues of animal welfare, but which is more appropriately understood as an important component of an enlarged conception of the law of animal welfare. How best to address the treatment of dangerous dogs, the surrender and abandonment of companion animals and companion animal overpopulation has so far proven to be difficult for regulators to satisfactorily resolve.
Peer Reviewed Yes
Published Yes
Publisher URI
Edition 1st
Chapter Number 6
Page from 151
Page to 183
ISBN 9780455226187
Date Accessioned 2010-08-19
Language en_AU
Research Centre Socio-Legal Research Centre
Faculty Arts, Education and Law
Subject Law and Society
Publication Type Book Chapters
Publication Type Code b1

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