Animals' Rights Considered in Relation to Social ProgressSalt, Henry S.
Philosophy
Animals' Rights Considered in Relation to Social Progress
Salt, Henry S.
Animal rights; Animal rights -- Bibliography; Vivisection; Vivisection -- Bibliography
So, too, wrote one of Bentham’s contemporaries: “The grand source of
the unmerited and superfluous misery of beasts exists in a defect in
the constitution of all communities. No human government, I believe,
has ever recognized the _jus animalium_, which ought surely to form a
part of the jurisprudence of every system founded on the principles of
justice and humanity.”[5] A number of later moralists have followed
on the same lines, with the result that the rights of animals have
already, to a certain limited extent, been established both in private
usage and by legal enactment.
It is interesting to note the exact commencement of this new principle
in law. When Lord Erskine, speaking in the House of Lords in 1811,
advocated the cause of justice to the lower animals, he was greeted
with loud cries of insult and derision. But eleven years later the
efforts of the despised humanitarians, and especially of Richard
Martin, of Galway, were rewarded by their first success. The passing of
the Ill-treatment of Cattle Bill, commonly known as “Martin’s Act,” in
July, 1822, is a memorable date in the history of humane legislation,
less on account of the positive protection afforded by it, for it
applied only to cattle and “beasts of burden,” than for the invaluable
precedent which it created. From 1822 onward, the principle of that
_jus animalium_ for which Bentham had pleaded, was recognized, however
partially and tentatively at first, by English law, and the animals
included in the Act ceased to be the mere property of their owners;
moreover the Act has been several times supplemented and extended
during the past half century. It is scarcely possible, in the face
of this legislation, to maintain that “rights” are a privilege with
which none but human beings can be invested; for if _some_ animals are
already included within the pale of protection, why should not more
and more be so included in the future?[6]
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