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The Evolution Of The Theory Of Animal Rights Thought

Posted on:2014-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:F HuangFull Text:PDF
GTID:2246330398958671Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
As the global ecological crisis poses a serious threat to the survival anddevelopment of human being, the requirements of protecting the environment andanimals have become more and more urgent. Animal rights have become the key tohaving a correct understanding of relationship between human beings and animalsgradually. In fact, the idea of human rights is a historical process,only by exploringthe whole process of the development of animal rights from the perspective of historycan we fully understand and master the basic connotation of animal rights and viewmore rationally the relationship between human being and animals as well as realizethe importance and urgency in the reconstruction of values in protecting animals tofind the best way to protect animals.Since not all human beings are accustomed to being kind to animals whenentering conservation culture, therefore, their desire for pursuing more interests caneasily lead to killing animals immoderately and their hope for a better future isactually realized by over-exploiting animal resources. So how to define animal rights,how to treat the relationships between human being and animals and how to achievethe goal of harmony, all these questions will be answered in the article. Based on thedevelopment of history, the evolution of animal right is divided into three phases,including ancient enchanted view on animal rights, modern disenchanted view onanimal rights and contemporary re-enchanted view on animal rights. By analyzing andsorting out these three major transformations of view on animal rights, the theoreticalvalue and practical significance of view on animal rights are under further discussion.On the premise of facing up to difficulties in legalization of animal rights objectively,animal protection values suitable for China’s national conditions is put forward toexplore legislation models of animal protection in China. This thesis is divided intofour parts besides the introduction and conclusion. The main body are discussed fromthe following aspects:Section I: Ancient enchanted view on animal rights. The ancient enchanted viewon animal rights advocates the natural integration of relationship between human being and animals. First of all, it gives a brief introduction to the realistic backgroundin which the ancient enchanted view on animal rights emerges. People in the primitivecivilization period and agricultural civilization period maintains a simple andharmonious relationships with nature which provides historical background for theemergence of ancient enchanted view on animal rights. While the philosophy ofreligion and theology in the ancient Eastern and Western cultures and ancient naturallaws provides theoretical background for the emergence of ancient enchanted view onanimal rights. Then, it expounds the basic forms of ancient enchanted view on animalrights, including totemism and animism in ancient times, western naturalistic view ofnature and theological view of nature,theory that man is integral part of manworshiped by Confucianism, Taoism, Buddhism. At last, it gives a comment on theancient enchanted view on animal rights. Based on a brief introduction to thedefinition of ancient enchanted view on animal rights to evaluate and to analyzeobjectively by comparing the legalization of ancient enchanted view on animal rightswith eastern and western view on animal rights.Section II: Modern disenchanted view on animal rights. The moderndisenchanted view on animals rights advocates the disintegration of human being andanimals. First of all, it introduces the realistic background for the emergence ofmodern disenchanted view on animal rights. The rapid development in productivityand science and technology brought by the industrial civilization provides a historicalbackground for the confrontational relationship between human being and animals;while the value of anthropocentrism, rational natural law and the conception ofsubject-object dichotomy provide a theoretical background for the complete break-upbetween human being and animals. Secondly, it expounds the basic forms of moderndisenchanted view on animal rights, including humanism in the WesternRenaissance,mechanical view on animals, humanitarianism in the Enlightenment andanthropocentrism in the trend of introducing western learning to the east in modernChina. At last, it gives a comment on modern disenchanted view on animal rights.Based on a brief introduction to the definition of modern disenchanted view on animalrights to evaluate it from the aspect of progress of the age and historical limitation.Section III Re-enchanted view on animal rights in modern and contemporary age. Disenchanted view of animal rights in modern and contemporary age advocatesthat human beings and animals shall co-exist harmoniously. Firstly, it introduces therealistic background of the emergence of re-enchanted view on animal rights inmodern and contemporary age. Ecological civilization ushers in a new era in whichman pursues and yearns for harmony, which has provided historical background forthe harmonious development of the relationship between man and animals. The valueof non-anthropocentrism, the revitalization of new natural law theory and the conceptof subject and object’s integration have provided theoretical background for theharmonious development of the relationship between man and animals. Secondly, itexpounds the basic forms of the re-enchanted view on animal rights in modern andcontemporary age, including western theory on animal welfares, theory on animalrights and other views on animal rights represented in other thoughts as well as viewson animal rights proposed by Chinese modern and contemporary scholars. At last, itgives a comment on the re-enchanted view on animal rights in modern andcontemporary age. Based on a brief introduction to the re-enchanted view on animalrights in modern and contemporary age to analyze it. On one hand, it confirms that thesignificant meaning of re-enchanted view on animal rights in modern andcontemporary age in the field of ethics and law. On the other hand, it analyzed thetheoretical defects existing in the re-enchanted view on animal rights and difficultieson practice.Section IV: The reflection on the evolution of the thought about animal right.After analyzing the evolution sequence of the thought about animal right, it can beconcluded that the reflection of “taking history as a mirror” is the final stance of thispaper. The paper states objectively the following two points: on one hand, the animalright thought has vital theoretical value and practical significance; on the other hand,the legalization of animal right has theoretical plight and obstacles in practice.Therefore, we should obtain profound revelations through the analysis of the animalright thought’s historical evolution. Firstly, we should construct value and ideas ofprotecting animals. It requires to set up concept of legal value aiming at achieving theharmony between man and nature on the basis of China traditional theory that man isan integral part of nature and natural law in the western. Then, expand it from constitution to laws and regulations and permeate further to effective legaldepartments at all levels and finally “afforest” relevant legal departments. Secondly,we should choose legislative mode for protecting animals. The legislation of animalprotection in China shall focus on China’s national condition. Perfect and develop thelegal system of animal protection gradually by perfecting the existing laws andregulations for animal protection, formulating laws on prevention of cruelty toanimals and laws on animal welfare.
Keywords/Search Tags:Animal Rights, Animal Welfare, Attached The Charm, Disenchantment, Return The Charm
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