Carceral Logics and Animal Welfare Crimes In Europe
Claire Lathwell
Critiquing Carceral Logics in Response to Animal Welfare Crimes In Europe (England and Wales)
People
Researcher:
Claire Lathwell
Abstract
This research project explores and problematises how shifting discourses shape the prosecution and sentencing of animal welfare offences in England and Wales. This issue will be investigated through a discourse analysis of theoretical literature, historical documents and observations of court hearings relating to the Animal Welfare Act 2006 in England and Wales.
Background
Animal welfare law has been critiqued in recent anti-carceral animal law scholarship in North America (Marceau, 2019; Gruen and Marceau, 2022; Swistara, 2022; Struthers Montford et al., 2024). These scholars query whether reliance on the criminal justice system is the best way to achieve justice for animals. However, the prosecution and sentencing of animal welfare law in England and Wales has not yet been subjected to an in depth critique by legal scholars working in this jurisdiction. This research project aims to fill this research gap.
Aims/Objectives
This research project aims to critically analyse animal welfare law in theory and practice by exploring the question: 'How do discourses shape the prosecution and sentencing of animal welfare offences in England and Wales?'
It is anticipated that the results of this research will contribute to the academic knowledge which feeds into policy and law making by prompting reflection about:
(i) how the law and criminal justice system function in relation to Animal Welfare Act 2006 offences; and
(ii) the (unequal) power effects of the discourses which appear in animal welfare law, policy and practice.
It is hoped that this reflection will contribute towards a positive shift in these discourses for the benefit of both humans and other animals.
Methods
This research project uses a unique discourse analysis method which has been inspired by the work of Michel Foucault and other scholars whose work is aligned with Foucauldian perspectives.
The project comprises of four key components.
Firstly, it provides a genealogical account of the historical discourses which have enabled anti-cruelty and animal welfare law, policy and practice in England and Wales.
Secondly, it analyses recent animal welfare law and policy discourses through a detailed examination of UK parliamentary debates on sentencing under the Animal Welfare Act 2006.
Thirdly, it analyses the discourses which appear in current animal welfare law practice by investigating the prosecution and sentencing of Animal Welfare Act 2006 offences in the Crown and Magistrates' courts in England and Wales.
Finally, it critiques the power effects of the shifting discourses which are manifested in animal law, policy and practice.
Project image: produced by Barrie Lathwell