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.
- What is Tannenbaum’s thesis?
- In the first portion of the Tannenbaum article, what does he contend is the problem with the “activist” view of animals-as-property?
- What is the historical distinction between wild and domestic animals?
- What role has the concept of “cruelty” played in the legal history of human-animals relations?
- 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?