Inspiring Respect for Animals Through the Law? Current Development in the Norwegian Animal Welfare Legislation

Over the last years, Norway has revised its animal welfare legislation. As of January 1, 2010, the Animal Protection Act of 1974 was replaced by a new Animal Welfare Act. This paper describes the developments in the normative structures from the old to the new act, as well as the main traits of the corresponding implementation and governance system. In the Animal Protection Act, the basic animal ethics principles were to avoid suffering, treat animals well, and consider their natural needs and instincts. In addition, a principle for balancing our duties towards animals with the needs and interests of humans was expressed by the formulation “unnecessary suffering.” These principles (only with slightly different formulations) are retained in the new act. The novelty of the new act is shown by its explicit intention to promote respect for animals and its recognition of animals’ intrinsic value. Whereas intrinsic value is only given a symbolic function, the notion of respect is intended to have practical consequences. One interpretation of respect for animals is taking the animal’s integrity—and not only welfare—into account. Another is to see the introduction of respect as a call to animal keepers to provide animals with welfare exceeding the minimum requirements. In several respects, the legal system now seems to leave more responsibility to the individual animal keeper—and to citizens in general. I argue that if the authorities really do want to promote respect for animals, they must at the same time initiate activities to achieve this. In my perspective the challenge is to provide adequate measures to achieve in practice the intended respect for animals expressed in the new act.     

Farmer’s Response to Societal Concerns About Farm Animal Welfare: The Case of Mulesing

The study explored the motivations behind Australian wool producers’ intentions regarding mulesing; a surgical procedure that will be voluntarily phased out after 2010, following retailer boycotts led by People for the Ethical Treatment of Animals. Telephone interviews were conducted with 22 West Australian wool producers and consultants to elicit their behavioral, normative and control beliefs about mulesing and alternative methods of breech strike prevention. Results indicate that approximately half the interviewees intend to continue mulesing, despite attitudes toward the act of mulesing being quite negative. This indicates that attitudes alone are unlikely to be good predictors of this goal directed behavior. Most respondents believed mulesing was more effective and involved less cost, time, and effort than the currently available alternatives to prevent breech strike. Further, they felt relatively little social pressure, as they believed few consumers were concerned about mulesing. However, they noted that if consumer sentiment changed they would likely change their practices. Thus, attitudes are likely to be only one of several factors influencing intentions to change farm practices to address societal concerns about animal welfare. Further, mulesing appears to be goal-directed behavior, suggesting that other factors depicted by the Model of Goal-directed Behavior (MGB; Perugini and Bagozzi In: Br J Soc Psychol, 40: 79–98, 2001) may be worth exploring in this context. Finally, these results provide insight into how policy makers may influence farmers to change practices in response to societal pressure for improving farm animal welfare.     

A Critique of FAWC’s Five Freedoms as a Framework for the Analysis of Animal Welfare

The Brambell Report of 1965 recommended that animals should have the freedom to stand up, lie down, turn around, groom themselves and stretch their limbs. The Farm Animal Welfare Council (FAWC) developed these into the Five Freedoms, which are a framework for the analysis of animal welfare. The Five Freedoms are well known in farming, policy making and academic circles. They form the basis of much animal welfare legislation, codes of recommendations and farm animal welfare accreditation schemes, and are the foundation of the Welfare Quality^® assessment scheme. The Five Freedoms are also extensively employed for the education of veterinary and animal welfare science students. Hence they have proven to be of great practical utility. In this paper, the Five Freedoms framework is examined in terms of necessary and sufficient conditions for the analysis of animal welfare. Overall, the Five Freedoms are judged to be individually necessary and jointly sufficient as a framework for the analysis of animal welfare. FAWC has recently criticized the Five Freedoms for concentrating on negative aspects of welfare. However, it is shown here how the satisfaction of the Five Freedoms should lead to good welfare, from the animal’s point of view. The Five Freedoms are formulated as ideals of animal welfare. This has significant advantages that have likely contributed to their impact. However, the ideality of the Five Freedoms means that the framework is without power to determine what a satisfactory level of animal welfare is, in an ethical sense.     

Deliberating Animal Values: a Pragmatic—Pluralistic Approach to Animal Ethics

Debates in animal ethics are largely characterized by ethical monism, the search for a single, timeless, and essential trait in which the moral standing of animals can be grounded. In this paper, we argue that a monistic approach towards animal ethics hampers and oversimplifies the moral debate. The value pluralism present in our contemporary societies requires a more open and flexible approach to moral inquiry. This paper advocates the turn to a pragmatic, pluralistic approach to animal ethics. It contributes to the development of such an approach in two ways. It offers a pragmatist critique of ethical monism in animal ethics and presents the results of a qualitative study into the value diversity present in the different ways of thinking about animals in the Netherlands. Carefully arranged group discussions resulted in the reconstruction of four distinctive moral value frameworks that may serve as instruments in the future process of moral inquiry and deliberation in the reflection on animal use.     

Animal Rearing as a Contract?

Can animals, and especially cattle, be the subject ofmoral concern? Should we care about their well-being?Two competing ethical theories have addressed suchissues so far. A utilitarian theory which, inBentham's wake, extends moral consideration to everysentient being, and a theory of the rights orinterests of animals which follows Feinberg'sconceptions. This includes various positions rangingfrom the most radical (about animal liberation) tomore moderate ones (concerned with the well-being ofanimals). Notwithstanding their diversity, theseconceptions share some common flaws. First, as anextension of primarily anthropocentric theories (aboututility or rights) they still participate in the flawsof the original setting. Second, extending them tonon-human beings raises the problem of the borderwhich is to be drawn between what can be included inthe purview of moral consideration and what is leftoutside. Third, such theories are not able to distinguishbetween an ethics of wildlife and an ethics ofdomestic life, which too often leads to preposterousstatements. We would like to argue (i) that we should distinguishbetween environmental ethics (concerned withpopulations, species, biotic communities) and animalethics (where animals are taken into consideration individually);(ii) that individualist animal ethics are not relevantfor animal rearing; (iii) that animal rearing is a hierarchicalrelationship which rules are to be found in the fiction of a domesticcontract. Hence, we would like to construct a new conception ofthe ethics of the relation between men and the cattlethey breed based on the idea of a domestic contract.Our main assumption is Mary Midgleys's anthropologicalassumption, according to which human communities,since the Neolithic age, have always included variousanimals, so that relations of sociability have alwaysexisted between human beings and animals within thedomestic community (a mixed community). In order tospecify the hierarchical and non-egalitarian, butinclusive reciprocal obligations and relations insidesuch a community, we will elaborate on the notion ofa ``domestic contract'', an implicitly assumedidea traced back to Lucretius and whichwe will follow up to the physiocrats and Adam Smith.We will show that such an idea relies upon theassumption of communication between cattle farmer andanimals, of shared experience and exchanges betweenthe two parties. We will then show how modern factory,or battery animal farming, can be seen as unilaterallybreaking this domestic contract, forsaking ourduties towards domestic animals.     

The Edge of “Animal Rights”

A central task of environmental ethics, which have been arising since 1960s, is to extend the objects of moral concern beyond the individuals of Homo sapiens. (Here, it involves the issue of the boundary of environmental ethics. In a narrow sense, an environmental ethic must grant moral concern to holistic environmental objects (such as ecosystems). On the other hand, if we broadly define the environmental ethic as an ethic that shows moral concern not limited to Homo sapiens and its individuals only, then, these “generalized” environmental ethics include Peter Singer’s “animal liberation” and Tom Regan’s “animal rights”. In this article, the term “environmental ethic” refers to an environmental ethic in a generalized sense.) All the objects deserving moral concern constitute the moral community. The trajectory and boundary of this extension are different among different schools. Compared to other schools, Tom Regan’s “animal rights” has a relatively smaller moral community, making it more “conservative” at first sight. Meanwhile, the rights view, like other schools, faces the question regarding the edge of moral concern. This question consists of two sub-questions: (1) where is the boundary of the moral community and (2) how ought we to treat the objects of moral concern near the boundary? Given the closeness of Regan’s theory to traditional ethics (regarding the boundary of the moral community), this study is mainly focused on analyzing the edge of moral concern within the framework of the theory of animal rights. Further, I investigate the similarities and differences in the boundary of moral concern among various schools of environmental ethics. The comparative analysis demonstrates a subtle relation between science and moral philosophy, and reveals a similar form of a metaphysical premise adopted by all environmental ethics. This research helps to clarify the moral concern of environmental ethics, which is an essential prerequisite for establishing a new ethic, and therefore helps to consolidate the reference of environmental ethics to environmental management.     

Environmental Impact Assessment in Ghana: Current administration and procedures — towards an appropriate methodology

Summary Environmental Impact Assessment (EIA) now enjoys at least statutory status in a number of Third World Countries (TWCs), including Ghana. Indeed, it is now considered an important tool of policy and control, both at the central government and local/district government levels. One of the difficulties, however, in implementing EIA has been the design of an appropriate methodology, in view of the fact that most, if not all the existing methodologies are more suitable to developed countries than developing ones.It is argued that in the absence of very sound indigenous methods and approaches, some of the existing inappropriate methodologies could be adapted or domesticated in a developing country like Ghana. The current administration and survey procedure used by the Ghana EIA Authority is examined and among other recommendations, an adapted form of the matrice approach is suggested.Mr Sam C. Ofori is a Lecturer in the Department of Geography at the University of Cape Coast, Ghana. He is currently a PhD research worker at the Centre for Planning, University of Strathclyde. A recent paper by Mr Ofori (then Cudjoe) appeared inThe Environmentalist,10(2), 115–126.     

Assessment of Eutrophication in Estuaries: Pressure–State–Response and Nitrogen Source Apportionment

A eutrophication assessment method was developed as part of the National Estuarine Eutrophication Assessment (NEEA) Program. The program is designed to improve monitoring and assessment of eutrophication in the estuaries and coastal bays of the United States with the intent to guide management plans and develop analytical and research models and tools for managers. These tools will help guide and improve management success for estuaries and coastal resources. The assessment method, a Pressure-State-Response approach, uses a simple model to determine Pressure and statistical criteria for indicator variables (where applicable) to determine State. The Response determination is mostly heuristic, although research models are being developed to improve that component. The three components are determined individually and then combined into a single rating. Application to several systems in the European Union (E.U.), specifically in Portugal, shows that the method is transferable, and thus is useful for development of management measures in both the Unites States and E.U. This approach identifies and quantifies the key anthropogenic nutrient input sources to estuaries so that management measures can target inputs for maximum effect. Because nitrogen is often the limiting nutrient in estuarine systems, examples of source identification and quantification for nitrogen have been developed for 11 coastal watersheds on the U.S. east coast using the WATERSN model. In general, estuaries in the Northeastern United States receive most of their nitrogen from human sewage, followed by atmospheric deposition. This is in contrast to some watersheds in the Mid-Atlantic (Chesapeake Bay) and South Atlantic (Pamlico Sound), which receive most of their nitrogen from agricultural runoff. Source identification is important for implementing effective management measures that should be monitored for success using assessment methods, as described herein. For instance, these results suggest that Northeastern estuaries would likely benefit most from improved sewage treatment, where as the Mid and South Atlantic systems would benefit most from agricultural runoff reductions.     

Does Fish Welfare Matter? On the Moral Relevance of Agency

To determine whether fish welfare matters morally, we need to know what characteristics or capacities beings need to have in order to be morally considerable, and whether fish have such characteristics. In this paper I discuss a group of theories, Kantian practical reasoning theories, in which agency (or practical rationality) is traditionally thought to be a necessary condition for moral considerability. An individual must have quite sophisticated capacities to be a (moral) agent in such theories: she must be able to act on rational principles. It seems unlikely that nonhuman animals such as fish have such capacities. I argue, however, that on the basis of certain Kantian arguments, moral agents have reason to accept duties to nonrational animals if they are agents in a much less demanding sense: if they are motivated to pursue the objects of their desires. If fish have this capacity, their welfare matters morally.     

Cross-Cultural Management of Pest Animal Damage: A Case Study of Feral Buffalo Control in Australia’s Kakadu National Park

Government agencies responsible for pest animal management often assume that their views and assumptions about the benefits of control are widely shared, especially if these pests are exotics. This was certainly the case when tens of thousands of feral Asian water buffalo (Bubalus bubalis) were to be culled in Australias Kakadu National Park as part of a national Brucellosis and Tuberculosis Eradication Campaign (BTEC). Implementation of the campaign sparked considerable dispute between officials and aboriginal and non-aboriginal interests about the risks posed by buffalo relative to their value as a potential resource. Drawing upon a variety of written and oral sources relating to the era of buffalo control in Kakadu, this paper critically analyzes the way in which detriment caused by buffalo was appraised and managed under the BTEC program. In particular, the paper focuses the ways in which the BTEC program affected aboriginal people in Kakadu, who view buffalo as a source of customary and economic benefit as well as a source of change on their lands. The paper then considers what lessons can be learned from the BTEC for the development of sensible feral management objectives and strategies. It is argued that effective management of feral animals such as buffalo will require environmental managers to engage with local people and involve them in the definition and management of pest animal damage and methods of control.     

Assessment practices in the policy and politics cycles: a contribution to reflexive governance for sustainable development?

ABSTRACT

This article examines systematic assessment practices linked to sustainable development policies. We consider five types of assessment—monitoring, policy evaluation, formal audit, peer review, and specialist reporting—and explore their fate in the policy and electoral politics cycles. In contrast to traditional views of the policy cycle, we note that systematic assessments provide complementary feedback around the entire policy cycle. However, despite this omnipresence, their policy relevance is usually severely limited, inter alia because the policy cycle captures only parts of the political reality. A major concern for politicians (but not necessarily for policy or governance scholars) that goes far beyond the formulation and implementation of policies is the broader cycle of electoral politics that determines the state's political personnel as well as government priorities. Here, we highlight that the findings of systematic assessments are often lost in a cacophony of voices to which politicians are more carefully attuned, such as media responses and opinion polls, implying that scientific evidence is simply ‘overwritten’ with other kinds of evidence representing alternative rationalities and priorities. Despite numerous shortcomings, the true value of systematic assessment practices lies in their potential to furnish ammunition to state and non-state actors interested in securing change.     

Can Rapid Assessment Protocols Be Used to Judge Sediment Impairment in Gravel‐Bed Streams? A Commentary

Land management agencies commonly use rapid assessments to evaluate the impairment of gravel‐bed streams by sediment inputs from anthropogenic sources. We question whether rapid assessment can be used to reliably judge sediment impairment at a site or in a region. Beyond the challenges of repeatable and accurate sampling, we argue that a single metric or protocol is unlikely to reveal causative relations because channel condition can result from multiple pathways, processes, and background controls. To address these concerns, a contextual analysis is needed to link affected resources, causal factors, and site history to reliably identify human influences. Contextual analysis is equivalent in principle to cumulative effects and watershed analyses and has a rich history, but has gradually been replaced by rapid assessment methods. Although the approaches differ, rapid assessment and contextual analysis are complementary and can be implemented in a two‐tiered approach in which rapid assessment provides a coarse (first‐tier) analysis to identify sites that deserve deeper contextual assessment (second‐tier). Contextual analysis is particularly appropriate for site‐specific studies that should be tailored to local conditions. A balance between rapid assessment and contextual analysis is needed to provide the most effective information for management decisions.     

“First Things First”: Application of Islamic Principles of Priority in the Ethical Assessment of Genetically Modified Foods

Advancement of modern agricultural biotechnology has brought various potential benefits to humankind, but at the same time ethical concerns regarding some applications such as genetically modified foods (GMF) have been raised among the public. Several questions are being posed; should they utilize such applications to improve quality of their life, or should they refrain in order to save themselves from any associated risk? What are the ethical principles that can be applied to assess these applications? By using GMF as a case study, this paper discusses possible answers to these questions from Islamic perspective. Such answers are based on the understanding of the Islamic concept of maslahah (benefit) and mafsadah (harm) as well as the Islamic principles of priority. There is no specific GMF that has been declared as unlawful by Muslim scholars thus far. Nevertheless, they generally state that any GMF that contains unlawful substance is prohibited in Islam. Such statement can be understood since Islam puts highest priority to preserve shari’ah (Islamic law) which prescribes the lawful and unlawful things in human life. Priorities have also been given to preserve human health and environment therefore any GMF that may inflict harm on both entities is also considered as unlawful.     

Strategic Environmental Assessment of the Effects of European Union's Regional Development Plans in Doñana National Park (Spain)

The European Union's Structural Funds are implemented by means of Regional Development Plans (RDP), whose regionally scoped environmental assessment is required. We highlight the deficiencies faced by this approach when subregional areas with high conservation natural values are involved and illustrate it with the case of the RDP of Andalusia region on Doñana National Park area (Spain). Commissioned by the World Wildlife Fund, a Strategic Environmental Assessment (SEA) of the Andalusian RDP was carried out focusing on Doñana and its area of influence. This is a complex space where some of the most environmentally valuable features in the continent coexist with a surrounding intense and multi-sector economic activity, threatening its conservation. In the absence of an established sustainability framework in the Region, a “trickle-down” SEA approach evidenced the need to produce a set of environmental, economic and social guidelines for sustainable management of land, against which the RDP objectives were tested for coherence. An “incremental” SEA approach was also tested, which involved the identification of 79 measures and actions stemming from the RDP provisions and other concurrent planning documents reviewed and the qualitative assessment of their individual and cumulative potential impacts on Doñana environments. In the light of the results, a set of complementary mitigating measures was proposed for inclusion in tiered stages of the planning process. Measures to avoid, reduce, remedy and monitor the major types of impact were proposed, including provisions for public participation. SEA emerges as an instrument for non-governmental organizations (NGOs) to carry out independent assessment of public development initiatives.     

Intrinsic Value and Direct Duties: From Animal Ethics towards Environmental Ethics?

Three types of concern for animal welfare are widelyheld: Animals should feel well, they should function well, andthey should lead natural lives. The paper deals with a well-knownanswer to the question of why such concerns are morallyappropriate: Human beings have direct duties towards animals,because animals are beings that can flourish, the flourishing ofanimals is intrinsically or inherently valuable, and that whichis conducive to their flourishing is a legitimate object of moralconcern. Looking for a tenable conception of direct dutiestowards animals, the following questions are discussed: Whatshould we take it to mean that ``animal flourishing isintrinsically or inherently valuable?'' Under what conditions doesa living being's ability to flourish create direct duties towardsthis being? Is awareness or sentience required for there to bedirect duties towards a living being? Does such a requirementimply that moral concerns for animals would be limited to theirfeeling well, or does it also give way to having moral concernsfor their functioning well and leading natural lives? Can onetake into account considered judgements that claim that towardsdifferent animals we have moral duties that differ in kind and/orstrength? If environmental ethics cannot be based on theconception of direct duties here discussed, should one draw adistinction between duties towards ourselves, our fellow humanbeings, or animals, and duties regarding plants, or collectiveentities such as populations, species, and ecosystems?     

How Well Does Brazil's Environmental Law Work in Practice? Environmental Impact Assessment and the Case of the Itapiranga Private Sustainable Logging Plan

/ The Itapiranga Sustainable Logging Plan provides an example of how Brazil's licensing system functions for logging companies in the state of Amazonas. Two questions need to be dealt with: "How sustainable can logging in the Amazon be?" and "What and how effective are existing legal mechanisms to deal with logging projects?" The environmental impact assessment (EIA) and environmental impact statement (EIS, known as the RIMA in Brazil), present relatively detailed accounts of biodiversity and the need to adopt conservation strategies to protect it. However, social and health impacts are only superficially addressed. The economic sustainability of the operation over multiple cycles is not demonstrated. The multidisciplinary teams responsible for the EIA and EIS (RIMA) reports are hired by the project proponent, an arrangement inherently carrying the risk of biasing the result. Logging reduces biodiversity, releases greenhouse gases and inflicts social and health costs. These impacts reduce the ability of Amazonian forests to provide environmental services and to supply food and livelihood security to local populations. The reports inflate positive effects such as employment: the estimated number of jobs was cut by more than half in a revision made after the EIA and EIS (RIMA) had been approved. Not only do the reports need to be more realistic in assessing both positive and negative consequences of proposed projects, but better means are needed to ensure that promised mitigatory measures are enforced in practice. Many of the lessons that can be drawn from the Itapiranga Plan are not unique to logging projects and apply to licensing of development activites generally in Brazil and elsewhere.     

Who Cares about Farmed Fish? Citizen Perceptions of the Welfare and the Mental Abilities of Fish

This paper explores citizens’ views about the welfare of farmed fish and the mental abilities of fish with a large survey data sample from Finland (n = 1,890). Although studies on attitudes towards animal welfare have been increasing, fish welfare has received only limited empirical attention, despite the rapid expansion of aquaculture sector. The results show that the welfare of farmed fish is not any great concern in the Finnish society. The analysis confirms the distinct character given to farmed fish compared to traditional farmed animals. Salmon are rated low in their mental abilities, including the capacity to feel pain, which may weaken ethical concerns for fish welfare. When analyzing the social determinants surrounding the rating of the welfare of farmed fish, it was shown that fish welfare attitudes follow general animal welfare attitudes regarding age and place of residence as fish welfare tends to be rated more negatively among younger age groups and among urban residents. However, no clear connection could be identified between gender and the rating of fish welfare, which may suggest that the distinct cultural categorization of fish diminishes the typical gender difference identified in animal attitudes. It is concluded that in order to improve awareness about fish welfare, there is a need to increase dissemination of scientific knowledge about fish and their welfare. Moreover, further research should be directed toward studying the moral positioning of fish and the distinct moral categorization they receive.     

Water-Quality Monitoring and Biological Integrity Assessment in the Indian River Lagoon, Florida: Status, Trends, and Loadings (1988–1994)

a production in the central, south central, and the south segments of the lagoon. In a system as large and complex as the lagoon, N and P limitations are potentially subject to significant spatial and temporal variability. Total Kjeldahl nitrogen (TN) was higher in the north (1.25 mg/liter) and lower in the south (0.89 mg/liter). The reverse pattern was observed for total P (TP), i.e., lowest in the north (0.03 mg/liter) and highest at the south (0.14 mg/liter) ends of the IRL. This increased P concentration in the SIRL appears to have a significantly large effect on chlorophyll a production compared with the other segments, as indicated by stepwise regression statistics. This relationship can be expressed as follows: South IRL [chlorophyll a] =−8.52 + 162.41 [orthophosphate] + 7.86 [total nitrogen] + 0.38 [turbidity]; R ²= 0.98**.