Animal Welfare Law And Its Theoretical Basis

Animal welfare is a state of mental and physical health where the animals are in harmony with its environment. Maybe the animals are not as intelligent as human being, but they also have the ability of suffering. The happiness of animal has its own sense, so we cannot add pain on them without a reason, and we cannot deprive their right of well-being either. What animal welfare demands is that do not bring extra pain to animals, treat them humanily, improve their living condition, and satisfy their natural needs.This paper focuses on the moral and legal basis of animal welfare law. Why should we protect the animals? One point of view is based on utility. The reason why we concern about their welfare and improve their living codition, is to use them more, to make them work for us more, so we don't have any duty on them. Another attitude is about rights, which believes that the animals have their own rights and should not be denied. So the question is: do the animals have rights? Do they have the moral and legal standing?Considering animals as resource, definitely lead to depriving. The principle of utilitarianism cannot bring the real emancipation. The simple mistake is not the pain that our behaviors cause, but the system which takes it for granted, ignores their value and assaults their rights. We can't treat them as a promotion to our own welfare. We should show a little bit respect, for they also have the inherent value. This value gives them a kind of moral right of not suffering what they don't deserve.We can't deprive the their legal standing and rights only because they can't talk. When they get hurt, we have the competency and responsibility to speak for them. Legislation is to protect these rights availably. In recent years, many countries have established law system of animal welfare and protection, their experience provides reference for our animal welfare legislation. We don't mean to copy it blindly, but basing on the society condition, draw our own animal welfare law and make it work out.