Translating Ethical Principles into Law, Regulations and Workable Animal Welfare Practices

The ethical theories considered in this commentary include Anthropocentrism, Dominionism, Utilitarianism, Reverence for Life, Animal Rights, Biocentrism, Ecocentrism and Care Ethics. It is apparent that Utilitarianism provides a motivating rationale for devising legal instruments to manage animal welfare in many countries. The emphasis of different laws spanning many decades paralleled the trajectory of changing attitudes to animals. Initial laws focussed on serious abuse, and were enacted to deal with relative indifference to animal suffering. Anticruelty laws followed; they dealt with a wider range of noxious acts that also cause suffering. Animal Protection laws accommodated a growing acceptance that much less severe, yet still very unpleasant experiences, are of significant welfare concern. These laws and their amendments, plus the associated instruments (e.g., Codes of Welfare/Practice), were increasingly couched using animal welfare terminology. Finally, contemporary laws that focus directly to animal welfare, increasingly refer to a 'duty of care' towards animals, entailing responsibilities to minimise negative experiences and to promote positive ones. Outlined here is an example of an ethically-based legal structure for providing guidance and outlining requirements for animal welfare management nationally. It has four interacting levels: Level 1-Law; Level 2-Codes of Welfare/Practice; Level 3-Regulations; and Level 4-Cooperation at a National Level. It is noted that although the framing of this legal structure is based on ethical principles, the expression of those principles is more implicit than explicit. However, expression of the ethical principles can be made much more explicit when putting into effect legal requirements to assess the acceptability of different practices in animal welfare terms. There are four interacting steps in this process: Step 1-the Primary Assumption: Animals have intrinsic value and an interest in having good lives. Step 2-Distribution of Responsibility: Humans usually control human-animal interactions and have an overarching responsibility to operate two principles: (1) If in doubt err on the side of the animal; (2) If there are justified concerns, a lack of evidence can never in itself justify a practice. Step 3-Assessment of Impact on the Animals: Use a structured framework to assess the impact of human-initiated activities. The Five Domains Model is suggested as a suitable device for this. Step 4-Rigorous Evaluation: the aim, to choose the least noxious intervention as required by the Principle of Proportionality which, once chosen, supports a justification to proceed. This commentary provides examples of how ethical reasoning, and its operational consequences, can be made visible at every stage of developing, introducing and operating infrastructures for managing animal welfare nationally.

Authors

Institutions

Publication Details

Journal
Animals
Published
2025-03-13
DOI
https://doi.org/10.3390/ani15060821
Citations
5
Primary Topic
Animal Behavior and Welfare Studies
Type
article
Field-Weighted Citation Impact
11.77
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Translating Ethical Principles into Law, Regulations and Workable Animal Welfare Practices

Mette Uldahl, David J. Mellor
5 citations
Animals
Animal Behavior and Welfare Studies
11.77
article

Translating Ethical Principles into Law, Regulations and Workable Animal Welfare Practices

Mette Uldahl, David J. Mellor
article en
5 citations

Abstract

The ethical theories considered in this commentary include Anthropocentrism, Dominionism, Utilitarianism, Reverence for Life, Animal Rights, Biocentrism, Ecocentrism and Care Ethics. It is apparent that Utilitarianism provides a motivating rationale for devising legal instruments to manage animal welfare in many countries. The emphasis of different laws spanning many decades paralleled the trajectory of changing attitudes to animals. Initial laws focussed on serious abuse, and were enacted to deal with relative indifference to animal suffering. Anticruelty laws followed; they dealt with a wider range of noxious acts that also cause suffering. Animal Protection laws accommodated a growing acceptance that much less severe, yet still very unpleasant experiences, are of significant welfare concern. These laws and their amendments, plus the associated instruments (e.g., Codes of Welfare/Practice), were increasingly couched using animal welfare terminology. Finally, contemporary laws that focus directly to animal welfare, increasingly refer to a 'duty of care' towards animals, entailing responsibilities to minimise negative experiences and to promote positive ones. Outlined here is an example of an ethically-based legal structure for providing guidance and outlining requirements for animal welfare management nationally. It has four interacting levels: Level 1-Law; Level 2-Codes of Welfare/Practice; Level 3-Regulations; and Level 4-Cooperation at a National Level. It is noted that although the framing of this legal structure is based on ethical principles, the expression of those principles is more implicit than explicit. However, expression of the ethical principles can be made much more explicit when putting into effect legal requirements to assess the acceptability of different practices in animal welfare terms. There are four interacting steps in this process: Step 1-the Primary Assumption: Animals have intrinsic value and an interest in having good lives. Step 2-Distribution of Responsibility: Humans usually control human-animal interactions and have an overarching responsibility to operate two principles: (1) If in doubt err on the side of the animal; (2) If there are justified concerns, a lack of evidence can never in itself justify a practice. Step 3-Assessment of Impact on the Animals: Use a structured framework to assess the impact of human-initiated activities. The Five Domains Model is suggested as a suitable device for this. Step 4-Rigorous Evaluation: the aim, to choose the least noxious intervention as required by the Principle of Proportionality which, once chosen, supports a justification to proceed. This commentary provides examples of how ethical reasoning, and its operational consequences, can be made visible at every stage of developing, introducing and operating infrastructures for managing animal welfare nationally.

AnimalsVol. 15(6)
Vejle Sygehus (DK), Massey University (NZ)
Peace, Justice and strong institutions
Openalex Percentile: Top 1%
Animal Behavior and Welfare Studies
11.77
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.