Boys may kill frogs for fun, but the frogs die in
Human violence against animals has existed for
centuries. Certain kinds of violence toward animals, such as hunting and
killing them for food, have almost always been viewed as acceptable.
Historically, even the deliberate torture of domestic animals has been
regarded either as an exercise of the owners' justifiable dominion over
their property or as an amusing spectacle. At the beginning of the
nineteenth century, however, social reformers began to press for laws
forbidding intentional animal cruelty, and such laws were gradually
enacted in England and the United States.
It is debatable whether modern animal cruelty laws, many
of them identical to their nineteenth-century predecessors, have been
effective in curtailing animal abuse. Although there has been an
increasing public outcry over individual incidents of animal abuse,
these acts are seemingly on the rise and are perpetrated by both
children and adults. Arguably, the flaw in the legal system lies with
inadequate penalties for animal abuse and apathetic enforcement of
Today, only a scant majority of state jurisdictions
provide for felony- level penalties for intentional animal abuse. In
addition, anecdotal evidence suggests that police in many jurisdictions
are not trained to identify and arrest animal abusers, prosecutors are
hesitant to devote their resources to vigorous investigation and
prosecution of animal cruelty offenses, which are frequently only
misdemeanors, and courts are often reluctant to enforce the available
sanctions, particularly against juvenile offenders--perhaps on the
theory that torturing a cat is nothing more than a childish prank.
Although the relatively light criminal penalties for
animal cruelty and neglect and the under enforcement of existing laws may
suggest that animal abuse is not a serious social problem, certain
evidence indicates otherwise. A growing body of social science
literature reveals that there is a link between juvenile violence
against animals and later adult violence against humans.
In other words,
the rascally child prankster who burns his dog to death often develops
into a spousal batterer, a child abuser, or even a murderer. The weight
of this evidence should persuade lawmakers to modify laws to increase
criminal penalties for animal abuse, to enforce existing laws more
stringently, and to refer juvenile offenders for psychological
evaluation and treatment more frequently so that the likelihood of later
adult violence is reduced.
Throughout history the law has always mirrored to some
extent the philosophical and religious views of its era. Three divergent
views of the relationship between animal and human interests
characterize the philosophical and religious literature on animals.
These three perspectives ultimately have shaped our legal treatment of
other species. In the first view, animal interests are subordinate to
human interests. In the second view, animal interests are intertwined
with human interests.
Finally, in the third view, animal interests are
separate from, but equal to, human interests. Over time, the law has
evolved as our society has moved away from the first view that regards
animals as merely property to be exploited for human purposes. As the
second and third views have become more prevalent in society, the law
has moved toward recognizing animals as feeling creatures deserving of
at least some legal rights.
Modern social science data also support, at a minimum,
the second view-- namely, that animal interests and human interests are
intertwined. More specifically, the data suggest that humans should take
cognizance of cruelty to animals because such behavior often leads to
violence against humans as well.
Taken as a whole, these studies bolster
the legal reforms proposed in this Article. Although the more
animal-protective third view suggests that animals are worthy of humane
treatment because of their sentient nature, policymakers need not adopt
that view to support the legal changes advocated in this Article. The
weight of the social science research concludes that there is a positive
correlation between animal abuse and violence against humans, and
because of that correlation, investigation, punishment, and treatment of
animal abusers foster human welfare.
Part I of this Article attempts to tease out the three
views of the relationship between animal and human interests in
philosophical and theological writings. Although philosophers and
religious writers over the centuries have adopted all three views, most
modern thinkers can agree that, at a minimum, animal and human interests
are intertwined. They aver that deliberate animal cruelty injures not
only the animals but also the human perpetrators because it degrades the
human spirit and hardens individuals to the suffering of their fellow
As a prelude to the arguments for the legal reform of
animal cruelty laws, Part II of this Article analyzes the changing role
of the law in protecting domestic animals from their human masters.
Again, the three views of the relationship between animal interests and
human interests emerge. Part II.A describes the shift of Anglo-American
law during the nineteenth century from regarding animals as the property
of their owners to viewing them as living beings capable of suffering
and worthy of greater legal protection. Part II.B summarizes modern
statutory treatment of animal cruelty as anywhere from a minor offense
to a felony with serious penalties. Part II.B also notes the
deficiencies of many of the statutory schemes and asserts that even if
society is not ready to accord animals the full spectrum of legal rights
enjoyed by humans, animal cruelty statutes should be reformed at a
minimum to protect human interests.
Part III of this Article continues this theme of
protecting human interests by examining the social science research on
the link between animal abuse by juveniles and juveniles' later
commission of violent crimes against humans. Part III.A briefly
considers the anecdotal evidence linking childhood abuse of animals to
later adult violence. Part III.B then explores in greater depth the
growing number of studies showing an above-average incidence of animal
cruelty during childhood among adult batterers and murderers.
Finally, Part IV outlines desired changes in animal
cruelty laws that, it is hoped, will reduce the overall incidence of
violence against both humans and animals. It argues for increased
criminal sanctions for adult animal abusers, cross-reporting
requirements, more frequent placement of juvenile animal offenders in
treatment programs, and restrictions on ownership of animals by
convicted animal abusers.
For the rest of this article, see..
Desecrating the Ark: Animal Abuse and Law's Role in Prevention
Go on to Animal Compassion & Human Cruelty
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