What is the historical distinction between wild and domestic animals

This week we are covering the Tannenbaum article and Favre, Chapter 5 on state regulation of ownership.

Jerrold Tannenbaum, “Animals and the Law: Property, Cruelty, Rights,” Social Research Vol.  62, No. 3 (Fall 1995), pp. 539-59.

  1. What is Tannenbaum’s thesis?
  2. In the first portion of the Tannenbaum article, what does he contend is the problem with the “activist” view of animals-as-property?
  3. What is the historical distinction between wild and domestic animals?
  4. What role has the concept of “cruelty” played in the legal history of human-animals relations?
  5. Does Tannenbaum believe cruelty laws have achieved what their proponents sought? Why or why not?

Favre, Chapter 5

1. Define the police power.  (Use your own words.)

2. What are the constitutional limits identified in the text on the state’s police powers?  What are the provisions / amendments in the Constitution often cited as the source of these limits?

3. What is a nuisance?

4. How does zoning power affect the treatment of animals, as evidenced in the chapter reading?

5. What is “dangerousness”?  Is this an easily discernible, identifiable legal term?

6. How does the 4th Amendment to the Constitution apply to pets, as evidenced in the reading?

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