Global Journal of Animal Law

Current Issue (2015-01)

Foreword

GJAL 1/2015

EDITOR'S FOREWORD:

The Global Journal of Animal Law (GJAL) publishes articles on all aspects of animal law. The works published analyses the law from a theoretical and practical point of view mainly on the basis of jurisprudence. As animal law is still an emerging area of law the journal is also discretionarily accepting non-peer reviewed articles. All articles, summaries and notes are designed to have the widest appeal to those interested in animal law whether as students, teachers, judges, administrators or practitioners.

In the current issue Søren Stig Andersen analyzes in the peer reviewed article Proximity: A Levinasian Approach to Justice for Animals the ethical-legal status of animals on the basis of Levinasian ethics. He is also discussing how a new theoretical approach may influence the direction and content of future research areas concerning legal protection of animals. Andersen is focusing on the processes relating to the administration of legal protection of animals.

In the peer reviewed article Australia's Need for An Independent Office of Animal Welfare, Aimee Mundt argues that regulatory capture exists in Australia's farm animal welfare regulatory framework and that it is present due to conflicts of interest in the responsible regulatory departments. Mundt's analysis supports for the contention that regulatory capture exists, and shows the dire state of farm animal protection, together suggesting a need for reform.

The current issue contains also two non-peer reviewed articles: The Legal Status of Animals in the French Civil Code - The recognition by the French Civil Code that animals are living and sentient beings: symbolic move, evolution or revolution? by Jean-Marc Neumann and The Swedish Administrative and Legislative Frame for Animal Welfare and Official Animal Welfare Control - Impacted by Private Quality Systems written by Anne Zedén Yverås.

GJAL's goal is to provide an opportunity for those interested of animal law to keep abreast of new ideas and the progress of the area. Therefore contributors are encouraged to submit analyses of judicial decisions, new legislation and current law reform proposals. The journal is also appreciating book reviews.

The next issue of GJAL will be published in December 2015 and the dead-line for submissions is 31 October 2015.

Anna Birgitta Wahlberg
Editor-In-Chief

Articles

Søren Stig Andersen : Proximity: A Levinasian Approach to Justice for Animals

Abstract

Whereas the continuous growth of legal animal protection true to the logic and self-understanding of law has been based on the rights discourse and its use of universal and uniform protection, the actual legal protection of an animal is to a wide extent determined by the purposes that underlie the human relation to the animal in question. In the present article, this discrepancy between appearance and reality is analysed on the basis of Levinasian ethics. Despite its great impact within other areas, hitherto Levinasian ethics has only been employed sparingly with regard to the ethical-legal status of animals. For this reason, special attention is paid to the challenges which appear to have obstructed past intentions to employ Levinas in the context of animal ethics. Furthermore, it will be suggested how a new theoretical approach based on Levinasian ethics may influence the direction and content of future research areas concerning legal protection of animals. The approach chosen in this article will point in the direction of an emphasized focus on the processes relating to the administration of legal protection of animals rather than on substantive provisions.
Aimee Mundt : Australia's Need for An Independent Office of Animal Welfare

Abstract

This paper draws on the disciplines of law and regulation to argue that regulatory capture exists in Australia's farm animal welfare regulatory framework. First, it examines the current regulatory framework for the protection of farm animals, including the relevant laws, regulations and codes. Second, this paper draws on regulatory literature to analyse the concept of regulatory capture and how it applies to the current framework. It argues that regulatory capture is present due to conflicts of interest in the responsible regulatory departments. Third, this paper explores some common flow-on effects that are usually present in industries experiencing regulatory capture. Evidence from regulatory studies is used to conduct a comparative analysis, showing that a number of these key effects are present in the farm animal welfare framework. This analysis serves two purposes: it supports the contention that regulatory capture exists, and shows the dire state of farm animal protection, together suggesting a need for reform. Finally, this paper argues that the establishment of a federal Independent Office of Animal Welfare would be an effective measure in addressing the issue of regulatory capture.
Jean-Marc Neumann : The Legal Status of Animals in the French Civil Code
Anne Zedén Yverås : The Swedish Administrative and Legislative Frame for Animal Welfare and Official Animal Welfare Control Impacted by Private Quality Systems
Oriol Caudevilla : Book Review: Animals and the Law