Animal Rights Analysis In Law

The topic of theories about animals is both old and new one. It is an old topic because when human civilization developed thousands of years ago, animal had become human's property and used by human, thus from ancient times to the present scholars all over the world most found that animals have not any value other than as human's property. Furthermore it is a novel topic, because animal right theories appeared in modern times are considered to be antagonistic towards traditional animal theories. Animal right theories are considered as one wide-ranging concept which are composed by "animal liberation view", "subjects of a Life view", "animal right view" and so on. Because different views of the animal rights theory are based on theoretical foundations which are almost different, animal rights theory definition can't be given completely and accurately in this paper. The reason to do this is that all of these novel views about animals repudiate the traditional theories that animals can be used by people arbitrarily and believed that animals should enjoy some interests for some reason, as having moral and law rights.Animal rights theory was indeed proposed and began to develop decades of years ago. However, from the beginning of animal rights theory, animal rights supporters and opponents of the theory of animal rights argue endlessly for the issue whether animals have rights (moral and legal rights) and legal status. Scholars argue for Animal rights theory because animal right advocates abandon the traditional view continued thousands years that animals are human property, reject "anthropocentrism", and choose to apply "non-anthropocentrism" perspective to deal with relationships between humans and animals. I will have in-depth analysis on animal rights theory in this paper, discussing advantages and disadvantages of animal rights theory to expect to promote people's consciousness of protecting animal drawing lessons from animal rights theory, and to help improve existing animal welfare laws, moreover I also hope to find a new direction for the development of laws which can protect animals effectively to transform the current disappointing situation of animal protection. To achieve the goal of this paper pursues, the paper will be divided into three parts to discuss three different issues. First issue is the development of traditional animal exploitation theory, which is essentially opposed to animal right theory, but at the same time gives animal right theory far-reaching affection. The basic theory of animal right is established and developed by criticizing traditional animal thought. Straightening traditional animal theory will help search for the foundation of animal right theory, and find the reason of the animal right theory established. Traditional animal theories almost appear in philosophy and religion, therefore in first part the developing of traditional animal will be discussed in detail. In second part different views of animal rights theory will be analyzed. The different criticisms made on the different fundamental causes for animal used by human in traditional animal theories by animal right advocates forced kinds of views in animal rights theories. Four representative views will be selected to analyze in detail in this part in order to ascertain foundations of different animal right views and practice methods to achieve the goal to make animals enjoying interests. Expositions on the relationship of animal rights and laws will be given in third part. If animal rights are accept by social, the fundamental way to implement animal rights is making laws for animals. Currently although animal protection laws are existed in many countries, animal rights currently has not reflected in laws. Author will have an analysis on current animal welfare theory and laws furthermore discuss defects in animal welfare laws argued by animal rights scholars. Finally through the analysis to animals range, ways and challenges to making laws for animal rights, the conclusions is:animal right laws cannot recently be implemented, but animal right theories do play an enlightenment and promotable role on currently animal welfare legal development.