著者

吉田 聡宗

出版者

一橋大学大学院法学研究科

雑誌

一橋法学 (ISSN:13470388)

巻号頁・発行日

vol.19, no.2, pp.565-613, 2020-07-10

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This paper reviews the history of anti-animal cruelty laws in America primarily on the basis of the contents of the first annual report of the American Society for the Prevention of Cruelty to Animals(ASPCA). In Japan, the basic guidelines for comprehensively promoting measures on the welfare and management of animals seek cooperation between the public sector with law enforcement powers and private organizations. In order to improve the system, it is helpful to examine the situation in other jurisdictions. Compared to animal welfare laws in European countries, American anti-cruelty laws have not been studied as deeply in Japan as their importance merit. As previous studies have noted, American anti-cruelty laws have their roots in the New York of the 1860s. The state legislature established the ASPCA in 1866 and delegated some law enforcement powers to it. In the ASPCA's first annual report, its list of members, related laws, some cases, and other important information are recorded. By reviewing such information, we can gain a clear understanding of how the ASPCA enforced anti cruelty laws from the outset. This paper thus analyzes the first annual report of ASPCA and other historical documents with a view to clarifying its implications for Japanese law today.