[Man and his fellow-creatures under ethical aspects]

Area of Science:

• Animal Ethics and Welfare Law
• Legal Philosophy
• Bioethics

Background:

• Recent German legal decisions (e.g., Federal Constitutional Court on caging) and parliamentary actions elevate animal protection to a national objective.
• Significant new publications are synthesizing Anglo-American animal rights and welfare traditions, alongside comprehensive legal and ethical analyses of animal protection in industrial societies.
• The scientific discourse on animal moral status is increasingly restrictive, often excluding 'lower' animals by focusing narrowly on sentience or a 'will to live'.

Purpose of the Study:

• To review key recent developments in animal protection law and ethics.
• To critically analyze the evolving concept of moral status in animals.
• To propose a broader ethical framework for animal consideration.

Main Methods:

• Literary review of significant legal decisions and publications.
• Analysis of philosophical arguments concerning animal moral status.
• Examination of ethical criteria for animal protection, including sentience and the 'will to live'.

Main Results:

• The legal landscape for animal protection is advancing, with landmark court decisions and legislative recognition.
• Major reference works are consolidating the theoretical and practical aspects of animal rights and welfare.
• Current ethical frameworks often narrowly define moral status, potentially excluding a vast number of species from meaningful consideration.

Conclusions:

• There is a need to re-evaluate restrictive criteria for animal moral status.
• A concept of gradually increasing moral status, based on the mere fact of being alive ('biophilia'), could reconcile differing ethical positions (pathocentrism and biocentrism).
• This broader ethical approach would protect a wider range of life from thoughtless harm and annihilation, recognizing inherent value in all life forms.