ARTICLE
29 October 2021

History of prevention of cruelty to animals

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Doogue + George Defence Lawyers

Contributor

Doogue + George, one of Australia's top criminal law firms, has represented clients in over 24,000 cases. Their clientele includes federal politicians, police officers, CEOs, small business owners, and employees. They are dedicated to giving 100% to every client and strategize with them to defend or mitigate penalties.
Victorian police or the RSPCA may charge a person with animal cruelty under the Prevention of Cruelty to Animals Act.
Australia Criminal Law

Up until the 17th Century, the most admired ancient philosophers and theologians inadvertently encouraged 'cruelty to animals'.

As a result of their opinions, Greek, Italian, French, German, and English eminent philosophers; namely Aristotle, Saint Thomas Aquinas, Rene Descartes, Thomas Hobbes and Immanuel Kant; all forms of animals suffered and died needlessly.

The reason? As a result of 'flawed' science, (Descartes who was also a scientist, told the world that "animals can't feel pain") these men decreed that all animals were 'not sentient'.

Sentient, for this discussion, essentially refers to being able to feel and experience emotions, such as joy, fear, pleasure, and pain. This seems absurd to anyone who is, or has been, a pet owner. Not only do animals feel and experience all such emotions, invariably, they bestow such feelings on human beings who feel their joy, fear, pleasure, and pain.

It took an English veterinarian surgeon William Youatt, in 1839, to author books on real life experiences due to his intimate involvement with animals, proving all such emotions were incontrovertible. The world began to take notice.

This was followed by 'Darwin's Theory of Evolution' in 1872, stating that 'humans and animals shared evolution'. For around 130 years, philosophers, scientists, and society in general, totally accept that animals have feelings.

Animals, the Queen of England, and a London Coffee Shop

1824 saw the formation of the Royal Society for the Prevention of Cruelty to Animals, over coffee in a London café, by a group of animal lovers.

It was actually called the Society for the Prevention of Cruelty to Animals until Queen Victoria, in 1840, gave royal assent to adding the letter 'R' for 'Royal.

1822 onwards, in particular, saw the introduction of improved legislation aimed at protecting animals in some parts of the world, particularly in Europe, North America, and Britain.

History of Cruelty

Thousands of years ago, animals were mistreated in numerous ways.

From times of ancient wars, pulling chariots into battle, to Hannibal attaching flaming material to the horns of cattle and elephants, ensuring a horrific death. The animal screams were proof enough that animals experienced fear and pain.

Entertainment of the masses who attended the Roman Colosseum watched wild beasts being maimed and killed in battles with Christians and gladiators.

Of course, such entertainment usually ended in the grisly death of the human combatants.

Medieval Britain and Europe had 'Bear & Dog Baiting', resulting in horrific animal deaths purely for entertainment purposes.

Modern versions of such entertainment include cock fighting, dog blood sport, and greyhound racing; with every occasion ending in the death of a 'sentient creature'.

Then, there's 'trophy hunting' of big game, where animals and sea life are, quite simply, murdered and decapitated so someone can hang the poor animal's head, or in the case of fish, its body, on a wall.

Legal Implications Concerning Cruelty to Animals

The police or RSPCA may charge a person with Animal Cruelty under the Prevention of Cruelty to Animals Act 1986.

There are many reasons put to a court in relation to why an offender may not have been guilty as charged. Naturally, the complexity of this requires expert legal advice.

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