Friends of Every Friendless Beast Carceral Animal Law and the Funding of Prosecutors

Canadian Journal of Comparative and Contemporary Law, Forthcoming

U Denver Legal Studies Research Paper No. 19-15

37 Pages Posted: 22 Aug 2019

See all articles by Justin F. Marceau

Justin F. Marceau

University of Denver Sturm College of Law

William Dewey

University of Denver Sturm College of Law

Date Written: August 20, 2019

Abstract

In the mid-nineteenth century, the founder of the American Society for the Prevention of Cruelty to Animals (ASPCA), Henry Bergh, saw criminal punishment as the lynchpin of the protection of animals. Bergh lobbied the New York legislature for the adoption of animal cruelty laws, and took it on himself to enforce those laws. Animal law has evolved considerably since then, but Bergh’s tactics have experienced a renaissance. The animal protection movement’s reliance on criminal law and incarceration to prop up animal status is the subject of a book-length critique by Justin Marceau in Beyond Cages: Animal Law and Criminal Punishment. Picking up on the book’s call for greater scholarly attention to the relationship between criminal justice and animal protection, this essay focuses scrutiny on three aspects of the modern animal protection’s fixation with criminal justice: (1) the animal protection movement’s renewed interest in privatizing the prosecutorial function; (2) the view that by framing the animal as a victim, social change will be more readily possible; and (3) more generally, the view that prosecutors will serve as catalysts for the sort of radical social change the animal protection movement is pursuing.

Suggested Citation

Marceau, Justin F. and Dewey, William, Friends of Every Friendless Beast Carceral Animal Law and the Funding of Prosecutors (August 20, 2019). Canadian Journal of Comparative and Contemporary Law, Forthcoming, U Denver Legal Studies Research Paper No. 19-15, Available at SSRN: https://ssrn.com/abstract=3440285 or http://dx.doi.org/10.2139/ssrn.3440285

Justin F. Marceau (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

William Dewey

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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