New welfarism in animal law

Veera Koponen

Chapter 23 in Research Handbook on Animal Law and Animal Rights, 2025, pp 449-460 from Edward Elgar Publishing

Abstract: This chapter explores the possibilities for advancing animal welfare within the welfarist paradigm. In the jurisdictions of the Global North, existing animal welfare legislation is embedded in the welfarist paradigm. The balancing act between human interest and animal welfare is an inherent part of the welfarist approach. However, this balancing act is criticized for favouring human interests by default. This chapter proposes that within the framework of new welfarism, the balancing act can be recalibrated to better accommodate animal interests. Instead of pursuing the animal rights revolution, new welfarism advances animal welfare by reformist means. New welfarism seeks incremental changes also within the property paradigm. However, the objectives of new welfarism are not limited to the context of the property paradigm. This chapter proposes that despite fundamental differences between the welfarist approach and the abolitionist approach, the outcomes of these two approaches may resemble each other. Phasing out forms of animal use may result from the prohibition of causing ‘unnecessary suffering’, which is a concept that is deeply ingrained in the welfarist paradigm.

Keywords: Animal Welfare Law; Animal welfare; Welfarism; New welfarism; Anti-cruelty; Animal protection (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035324873
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