CHAPTER –4
JURISPRUDENCE FOR PROTECTION OF WILD ANIMALS
4.1 INTRODUCTION
In view of James Mill, every man desires to have for himself as many good things as possible, and there is not a sufficiency of good things for all, the strong, if left themselves, would take from the weak everything, or at least as much as they pleased; that the weak therefore, who are the greater, have an interest in conspiring to protect themselves against the strong. It also appeared, that almost all the things, which man denominates good, are the fruit of human labour; and that the natural motive to labour is the enjoyment of its fruits .
4.2 WESTERN TRADITION/JURISPRUDENCE
4.2.1 Historical Milieu …show more content…
Being more or less evolved does not confer any special moral value to species .
4.2.3 Legal Status of Wild Animals
4.2.3.1 Whether Wild animal is only Goods or Property?
The question falls under two distinct legal spheres; public and private law. Public law regulates the relationships between man and wildlife, and in this sphere the latter are considered common goods. Private law regulates domestic or domesticated animals, and here animals are considered property.
Given that in the eyes of the law animals have always been considered to be property, thousands are captured and often killed on a daily basis in the animal trade, both legally and illegally.
The issue, however, is not as simple as it initially appears. When we seek to establish the legal status of a wild animal captured for human consumption - for example, a fish captured in Brazilian waters -- we have to determine if this act transforms the fish into a private good of the person who caught it or if the State maintains its property rights. Is the fisherman granted a waiver to use and commercialize a public good because it is an
JURISPRUDENCE FOR PROTECTION OF WILD ANIMALS
4.1 INTRODUCTION
In view of James Mill, every man desires to have for himself as many good things as possible, and there is not a sufficiency of good things for all, the strong, if left themselves, would take from the weak everything, or at least as much as they pleased; that the weak therefore, who are the greater, have an interest in conspiring to protect themselves against the strong. It also appeared, that almost all the things, which man denominates good, are the fruit of human labour; and that the natural motive to labour is the enjoyment of its fruits .
4.2 WESTERN TRADITION/JURISPRUDENCE
4.2.1 Historical Milieu …show more content…
Being more or less evolved does not confer any special moral value to species .
4.2.3 Legal Status of Wild Animals
4.2.3.1 Whether Wild animal is only Goods or Property?
The question falls under two distinct legal spheres; public and private law. Public law regulates the relationships between man and wildlife, and in this sphere the latter are considered common goods. Private law regulates domestic or domesticated animals, and here animals are considered property.
Given that in the eyes of the law animals have always been considered to be property, thousands are captured and often killed on a daily basis in the animal trade, both legally and illegally.
The issue, however, is not as simple as it initially appears. When we seek to establish the legal status of a wild animal captured for human consumption - for example, a fish captured in Brazilian waters -- we have to determine if this act transforms the fish into a private good of the person who caught it or if the State maintains its property rights. Is the fisherman granted a waiver to use and commercialize a public good because it is an