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Divergent Paradigms: A Critical Examination of Animal Welfare and Animal Rights

Legal scholar Gary Francione (1995) synthesizes both views into the Abolitionist Approach : Since animals are property, welfare reforms will always be insufficient. He argues that welfare campaigns (e.g., “larger cages”) do not end property status and often increase consumer acceptance of animal use. The only consistent position is veganism and the total abolition of animal exploitation. zoo bestiality xxx

[Generated for Academic Use] Date: 2026

Historically, Western philosophy relegated animals to the status of automatons or property (Descartes, 1637). The 19th century saw the first modern animal welfare laws, such as the UK’s Cruel Treatment of Cattle Act (1822), targeting overt brutality. However, the late 20th century witnessed a philosophical rupture with the publication of Peter Singer’s Animal Liberation (1975)—grounded in utilitarianism—and Tom Regan’s The Case for Animal Rights (1983)—grounded in deontological rights theory. This paper distinguishes these two schools, arguing that understanding their tension is essential for effective advocacy and policy formation. This paper distinguishes these two schools, arguing that

Rights theories posit that animals, as “subjects-of-a-life” (Regan), possess inherent value independent of their utility to humans. Consequently, they have a basic moral right not to be treated as property or resources. This paper analyzes the philosophical foundations

The moral status of non-human animals has evolved from a peripheral concern to a central topic in ethics, law, and public policy. This paper examines the two dominant frameworks governing human-animal interactions: the Animal Welfare paradigm and the Animal Rights paradigm. While welfare proponents advocate for the humane treatment of animals within existing systems of use (e.g., farming, research), rights theorists argue for the abolition of all institutionalized animal exploitation. This paper analyzes the philosophical foundations, practical applications, and inherent limitations of each approach, concluding that while welfare reforms offer immediate pragmatic benefits, the rights perspective presents a more coherent long-term ethical solution to speciesism.