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Boston, Mass. (August 4, 2023) – Boston Associate Timothy Brown recently authored a Massachusetts Bar Association (MBA) Section Review article on legal protections afforded to animals through a historical and philosophical lens.
In his piece, Mr. Brown addresses challenges pertaining to lawmakers when drafting laws that apply to animals, since one can argue that legislative resources should exclusively focus on humans' basic access to fundamental legal rights across the globe. These laws are also challenging to enact from a practical point of view, because animals are at times property, and therefore owners can have vested interests in how animals are treated and sold for profit.
From a philosophical point of view, there have been theories that animals might be capable of having emotional experiences, and that certain qualities that define personhood should also apply to animals. Certain species of animals might even be capable of introspection, memory, language, and empathy, and therefore may deserve more encompassing legal protections.
In the article, Mr. Brown provides a historical overview of legal protections for animals, and how in the 19th century, early criminal laws protected commercially viable animals such as horses and cattle from harm. The article covers the beginnings of the American Society for the Prevention of Cruelty to Animals (ASPCA) committee, and later legislation that was passed that protected the abandonment of "any living creature."
The article goes on to highlight other major legislation that has impacted animals, such as the National Park Service Organic Act of 1916, The Animal Welfare Act of 1966, and the Endangered Species Act of 1973. According to Mr. Brown, "as the legal community has made strides in the last few decades in this area of law, the pathway for greater legal recognition for the protection of animal interests is beginning to develop."
Mr. Brown is a member of the Products Liability, Toxic Tort & Environmental Litigation, and OSHA Safety and Health Practices. He currently focuses his practice on the defense of corporations, manufacturers, contractors, suppliers, and premises owners in matters involving product liability, general liability, and toxic tort and environmental litigation. He is also an attorney member of the Animal Legal Defense Fund.
Read the full MBA Section Review article here.
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