Animal Rights Activists - Historical Development in The West - 19th Century: Emergence of jus Animalium

19th Century: Emergence of jus Animalium

Further information: Badger baiting, Bull baiting, and Cockfighting

The 19th century saw an explosion of interest in animal protection, particularly in England. Debbie Legge and Simon Brooman write that the educated classes became concerned about attitudes toward the old, the needy, children, and the insane, and that this concern was extended to nonhumans. Before the 19th century, there had been prosecutions for poor treatment of animals, but only because of the damage to the animal as property. In 1793, for example, John Cornish was found not guilty of maiming a horse after pulling the animal's tongue out; the judge ruled that Cornish could be found guilty only if there was evidence of malice toward the owner.

From 1800 onwards, there were several attempts in England to introduce animal protection legislation. The first was a bill against bull baiting, introduced in April 1800 by a Scottish MP, Sir William Pulteney (1729–1805). It was opposed inter alia on the grounds that it was anti-working class, and was defeated by two votes. Another attempt was made in 1802, this time opposed by the Secretary at War, William Windham (1750–1810), who said the Bill was supported by Methodists and Jacobins who wished to "destroy the Old English character, by the abolition of all rural sports." In 1809, Lord Erskine (c. 1746–1828) introduced a bill to protect cattle and horses from malicious wounding, wanton cruelty, and beating. He told the House of Lords that animals had protection only as property: "They have no rights. that defect in the law which I seek to remedy." The Bill was passed by the Lords, but was opposed in the Commons by Windham, who said it would be used against the "lower orders" when the real culprits would be their employers.