Kinds of Harm: Animal Law Language from a Scientific Perspective

SIMPLE SUMMARY: Clarity and consistency of legal language are essential qualities of the law. Without a sufficient level of those, legal acts are often hardly capable of determining legal duties appropriately. The review of rules governing the protection of animals reveals that the current language remains far from satisfactory. Therefore, the paper discusses the most sensitive notions relevant for defining animal harm and argues for action to make the legal language of respective legal regulations more scientifically accurate and adequate to the actual needs of animal protection. ABSTRACT: The current language of animal welfare laws is inconsistent and unclear in the basic terms pertaining to animal sensations and potential harms. In the case of law, the exact language often plays an essential role in determining legal duties and establishing their scope. Thus, for further progress in animal law, a coherent and unified basic conceptual framework is needed. To establish such a framework, the relevant legal terminology should be discussed in a prescriptive rather than interpretive manner while drawing on the medical sciences. Here, we propose a way to clarify the relevant terms to prevent misconceptions and improve the consistency of animal law.