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July 2017

The ACO VoiceA Monthly Magazine from Animal Control Training Services

The Only National Monthly Magazine Dedicated to Animal Control

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Origins of Laws Regarding Animals

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By Peter PaulThis is Part 1 of a 3-part series.The earliest known written codes of laws applying

to animals are the Code of Hammurabi, the eminentBabylonian king and lawgiver (2270 BC), The Book ofMoses, The Hindu Laws of Manu (200 BC), the Laws ofSolon the Athenian, The Twelve Tables of Rome (304BC or 450 BC), The Institutes of Justinian the RomanEmperor, The Salic Germanic Code, The Code of HowelDa the Welsh King (940 AD) and the Laws of King Alfredthe Great of England.

All of these codes are the philosophical foundationfor the development of laws that protect animals asproperty. They limit liability for the owner or for theanimal. They set forth rules regarding the theft of animals,the use of animals in the punishment and execution ofcriminals or traitors, religious sacrifice, and provide forthe legal standing of animals.

The predominate rationale in these codes are basedon the protection of property, the protection of the owner'sinvestment, and sanctions imposed by society for violatingits notions of justice. These factors are not surprising ifone considers the importance of animals to the earlyagricultural societies.

In these codes animals belonging to the temple,church or king had an exalted status because of their"inherent" sacredness. For example, in the HammurabicCode, if an animal was stolen from the temple or thepalace, the thief had to replace the stolen animal "32fold". In the ancient Hebrew law, the thief had to replacethe animal "4 fold". This law remains in force todayamong the Bedouins.

Throughout history there were varying legalconsequences for injurious acts. The fixing of liabilitydepended on the legal code. Under the Hammurabic Code,

for example, if the owner of an ox knew his animal haddangerous propensities and if it killed a "freeborn man",the owner of the guilty animal had to pay one half mina ofsilver as compensation.

By contrast, under the Hebrew law as stated inExodus 21:29, "the ox shall be stoned and his owner putto death." Furthermore, under Exodus 28, the flesh of thestoned ox was not to be eaten.

The Hittites were a source of some of the laws ofMoses. Under Hittite law, retribution played an

inconspicuous part in comparison with the principle ofrestitution. A survey of Hittite law reveals a two tiersystem of justice. Under law 170, "If a freeman kills aserpent and speaks of another person (a form of sorcery),he shall give up a pound of silver." But if a slavecommitted the same crime, death was the penalty. Underlaw 63, if a thief stole a plough ox, he had to repay 10oxen.

Arson under law 98 was limited to replacement ofthe structure but not liability for who or what was inside."If a freeman sets a house on fire, he shall rebuild thehouse, but whatever perishes inside the house, be it manor beast," the perpetrator didn't have to compensate theowner.

In Hittite society, bestiality was considered a capitaloffense and a defiance of the state's authority. If theoffender was a slave, he also suffered bodily mutilation.

Around 200 BC, in the subcontinent of India, theLaws of Manu or the Hindu Code was enacted. This codenot only shared the Hammurabic liability concepts butspecified penalties and fines for injuring some animals.There was established a special status for cows whichcould not be held liable for their acts. Categories existed

Origins of Laws Regarding Animals

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for the theft of animals including an established judicialprocedure for Hindu kings. The kings had to first considerthe time of the act and the purpose of the theft, in order toassess fines or other punishment.

From The Laws of Manu, Law No. 371, similar tothe "ad Bestias" of the ancient Romans, stated, "If a wifebe proud of the greatness of her relatives or of her ownexcellence and violates the duty owed to her husband,the king shall sentence her to be devoured by dogs in abusy place."

Hegel, the great German philosopher, thought thatthe Egyptians worshipped animals because "the dim andinert spirit of the Egyptians cannot move to a higher idea,"and though the Egyptians were the first society to believein immortality, they still clung to the body in the form ofthe mummy. The "Sphinx" also according to Hegel,personified the Egyptian spirit. "The human head lookingout of an animal body represents the spirit beginning toraise itself from the fetters of nature without, however,liberating itself fully."

In Deuteronomy, law was extended to cover theHebrew diet: "While the Israelite must not eat the animalcorpse, the sojourner may or it may be sold to a foreigner."The rationale for this was that stray dogs ate carrion andcorpses, one of the reasons that the ancient Jews hadambivalent feelings about dogs. Later this concept wasadopted by the Mohammedens.

Hebrew Law 19/18 forbade cultic prostitution:"Thou shalt not bring the hire of a harlot or the wages ofa dog into the House of the Lord." "Kelebh" was also theterm "dog" used when referring to male prostitution.

Traditionally, it was thought that many of the ancientHebrew laws covering animals were formulated for theprotection of animals. However, legal scholar, JacobRabinoitz, challenges these long-held notions. Hetheorizes that the primary concern of the ancients wasnot cruelty but the offense to human sensitivities.

Maimonides, a Spanish Jew who lived 850 yearsago, formulated a Code of Law. Here are a few excerpts:"An animal is allowed to eat of the burden on its back,provided one does not take with his hand and feed to it."Law 25:4, "Thou shalt not muzzle an ox when it treadsgrain."

Domestic pets were also covered under ancientHebrew law. The Hebrews used dogs for guarding theirflocks as well as watch dogs according to Job 30:1.

There was no animal control in ancient times. Dogswandered at large in packs, devouring bodies and otheroffal. Reference to them and their activity is found in

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Kings 14:11. Dogs were so disliked that the fierce andcruel enemies of the ancient Hebrews were dubbed "dog","dead dog", and "dog's head". These terms were usedalso as epithets of reproach just as they are today.

In rabbinical literature two types of dogs arerecognized, domestic and wild. To cross the two wasforbidden. The ancient Hebrews domesticated a dogsimilar to the Maltese. Later the Arabs domesticated theancestors of the modern Saluki. The Arabs and othereastern groups distinguish between animals that they havecaptured and domesticated for their needs and thosewhich are wild.

The next civilization to formulate laws regardinganimals were the Greeks. Aristotle, the great philosopher,postulated that if plants, etc., could serve man's needs,

why shouldn't animals? Besides the usual servicesprovided by dogs in early agricultural societies, theGreeks, according to the historian, Xenophon, used acontingent of fierce, armor-clad dogs with vicious fightingcapabilities which were used like the modern tank todisrupt enemy formations during a battle.

Medicine was another area in which dogs servedman. At the temple of Askleipos, sacred dogs were keptand trained to lick the limbs and wounds of patients whocame there seeking a cure. The patient was given a sleepingpotion to drink. After the patient was "under" the dogswould come and perform their duty. Of those who werecured, payment was often made with a gold copy of thelimb that was cured.

Ancient Athens under Solon, the lawgiver, had theconcept of noxal surrender, that is, the offending objectwhether animate or inanimate had to be delivered up forjudgment if it injured or killed someone. An extremeexample of this legal theory was that if a column fell onsomeone or if an animal injured someone, "the thing"could be tried in court, executed, destroyed or banished

from the city. There was a separate court for homicidefor the alleged crime of murder if it were committed byan unknown person, animal or inanimate object.

Theft of animals was also covered in ancientGreece. Plato, the philosopher, wrote that "if anyone bydecoying bees gets possession of another's swarms, anddraws them to himself by making noises, he shall paydamages." The thief's position in society determined thepunishment. If a freeman, he had to pay damages, but "ifa slave takes of any sort, without the consent of the ownerof the land, he shall be beaten with as many blows asthere are grapes on the branch or figs on the tree."

"Cynic" in Greek means "dog". Essentially, the "pith"of the cynic philosophy is that each man, whether free orslave, is his own master. Freedom is secured by

following nature. The way to achieve this desired statewas through self-discipline or "autarkeia'', a denial ofworldly pleasures.

Like the dog, the Cynic saw himself as "the scoutand herald of God, the watchdog of humankind, to barkat illusion," and as a surgeon whose knife sliced the cancerfrom the minds of others. In the later Roman Empire, theCynics behaved similarly to many modern sects today,blatantly promoting through hype and media messengersa kaleidoscope of kinky and bizarre lifestyles. The Cynicswere considered by the Romans to be radicals andtroublemakers. Several were exiled from Rome.

Depending on the historian, around 304 BC or 450BC, the first Roman legal code, 12 Tables of Law, cameinto existence. Of the surviving legal tables, Book 8:5-11 is the section generally thought to pertain to the damagecaused by animals. Book 10 states that "he who obtains aprize whether in person or by his property such as byslaves or horses, these may be buried with him."

The twelve tables provided a procedure for theContinued on Page 7

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resolution of disputed contracts which involved animals.In its practicality, the Code stipulated that the litigantsonly had to bring to court a handful of hair or one memberof a flock or herd. Roman law also gave the ownerexclusive control over property with all of the privilegesand benefits that flowed from possession such as ananimal which had a litter.

A Roman law, Lex Acquilia, applied to propertydepreciation. If an animal or a slave was unlawfullywounded or killed, Lex Acquilia provided a remedy. Ifone member of a team of chariot horses was damaged orkilled, the extent to which the remaining horses weredepreciated was taken intoaccount.

Roman law wasfurther developed by theInstitutes of Justinian, whoas one of the more capableRoman emperors,established "possession"."An animal thus caught byyou is deemed yourproperty so long as it iscompletely under yourcontrol. But as soon as it hasescaped from your controland recovered its naturalliberty, it ceases to be yoursand belongs to the firstperson who subsequentlycatches it. It is deemed tohave recovered its naturalliberty when you have lostsight of it or whether it is still in your sight but would bedifficult for you to pursue it."

Insurance of a primitive form was also providedfor under Title 9 in the 12 Tables. "If the owner of ananimal is ready to surrender it as compensation for damagethat it caused, the owner is thereby released from allliability." For this provision to apply, "the animal mustact contrary to its natural disposition." This remedy wasnot available "if the animal's nature was or is by naturesavage." This is also a form of noxal surrender.

Roman jurisprudence had sanctions againstparricide, treason or crop theft.

Lex Pompeia applied to these offenses. Theconvicted was first severely flogged with rods, then sewnup inside a cow skin ball, which also contained a dog, acock, a viper and an ape. The ball would then be throwninto the Tiber River or the sea.

The rationale behind this most unusual punishmentwas the attitude towards "conscienceless attacks"; nothingwas so sacred. The Romans felt so strongly about theinviolability of person, that for this crime they would noteven permit the corpse to be thrown to the beasts, "lesteven the brute animals which had touched a crime soterrible might become more savage."

The German tribal laws, Lex Salica, were thoughtto have been written down around 500 AD. Although theywere written in Latin, Lex Salica was not influenced byRoman law. Lex Salica was predominantly a body ofrules protecting the ownership of cattle, swine, sheep,

goats, and even bees. Therationale behind these lawswas basically to punish awrong and to enforce aright. This code is also thesource of the idea of femaleexclusion from royalsuccession.

Salic law, under Title10, ordered that if onefound cattle, a horse orflocks of any kind amonghis crops, he could notdestroy them. If he did andconfessed to the crime, hewas then liable for thevalue of the animal, and hehad to keep the animal hemutilated. If he didn'tconfess and the act wasproven, beside the value of

the animal, he was also fined for the delay.As with other primitive societies, treatment under

the law depended on the individual's standing. If inTeutonic society the culprit were a "major" person, hewas simply fined. However, if he were a peasant, he notonly had to pay double compensation, but he was alsowhipped.

The neighbors of the Teutons were the Visgoths. Intheir Law of Judges, Law No. 23, this society was thefirst to legislate protection from hunting traps. "He whosets snares or traps for wild beasts must inform hisneighbors of the places where the snares are set." TheVisgoths also employed Noxal Surrender, "the giving upof the-offending beast" or had to "make other amends asthe judges shall order."

Reprinted from the COMMUNITY ANIMALCONTROL • January/February 1986

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Recognizing the Connection

As those of us in animal control have long suspected,animal cruelty within a household can be a sign that otherproblems exist in the family. It comes as no surprise thata person’s cruel or neglectful treatment of animals canpredict future antisocial or violent behavior towardhumans; but it is only during the last three decades thatscientists, psychologists, and criminologists have begundocumenting this relationship. No longer can cruelty toanimals be passed off as just a phase in childhood orwith an “it’s just an animal” attitude. Instead, we mustrecognize that animal abuse can indicate seriousmaladjustment.

People treat animals cruelly for various reasons.Some of those include:

• To control an animal or person• To retaliate against an animal or person• Identification with child’s abuser (abused child

turns on animal)• Posttraumatic play (reenacting violent episodes)• Rehearsal for interpersonal violence (practice)• Vehicle for emotional abuse (injuring sibling’s pet)Animals, especially pets, get caught up in this cycle

of family violence; they are often the first victim in theabuse continuum. Animal abuse matters because scientificresearch indicates that young people who are cruel toanimals are more likely to become aggressive towardhumans as they develop. Children learn cruel behaviorsfrom adults and may reenact them on animals; sometimesto release the aggression they feel toward abusive adultsor because of psychological trauma.

Pets can also be used against family members.Abusers may intimidate their partners and children intosilence about sexual or physical abuse by threatening oreven killing a favorite pet. Pets are sometimes hurt orkilled to punish a family member. Sometimes in cases ofelder abuse, the perpetrator neglects or abuses the elder’spet as a form of control or retaliation, out of frustrationover their caretaking responsibilities or to extract money.

It is also widely documented that some victims ofdomestic violence refuse to leave their abuser out of fearof what will happen to their animals. It’s not uncommonfor a person to flee to safety only to find the abuser haskilled or tortured their animals. In all these situations,not only does the animal suffer, but a human is sufferingas well.

By Lauren MalmbergAnimal abuse includes neglect as well as intentional

cruel treatment, and most state, county, and city lawsprohibit such behavior. Neglect can be characterized asthe abuse of an animal which usually includes failing toprovide food, water, shelter, and veterinary care for apet. Owners who neglect their pets usually do so becauseof ignorance, a lack of resources, or a general sense ofapathy toward the pet’s care. However, sometimes neglectoccurs because someone in the household is withholdingcare as part of the cycle of power and control.

Cruelty, on the other hand, generally means anintentional act that harms an animal such as beating ortorturing it. Extreme situations include setting an animalon fire, dragging an animal behind a vehicle, placing alighted firecracker in a pet’s anus or mouth, or even sexualabuse.

Reporting suspected neglect or abuse of an animalcan not only stop the animal’s suffering but can alsoprovide important intervention into the family’s cycle ofviolence. The cruel treatment of an animal is sometimesthe first sign of dysfunction within a household. When ananimal control officer or law enforcement officialinvestigates such reports, they may also observe any signsof child neglect/abuse, elder abuse or domestic violence.If some indication of human violence exists, investigatingofficials must notify the appropriate agencies. If a childturns out to be the abuser of an animal, it is a matter ofgrave concern. This young person needs treatment orbehavior modification to stop the cycle of abuse fromcontinuing.

Violence is violence - regardless of the victim. Theimpulse that drives a person to be cruel to an animal caneasily transfer to a human. Violent acts are not separateand distinct, but are part of a cycle. They often tend toescalate in frequency and intensity. Animals - especiallypets - get caught up in the cycle of family violence. Animalcruelty is a potential indicator of future antisocial andaggressive behavior toward humans and must berecognized, reported, and addressed. As animal controlprofessionals, we can make a difference for the animaland for the human in these situations simply by reportingwhat we see.

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