Paper Example on Banning Horse-Drawn Carriages From the Street of New York City

Introduction

In the traditional legal paradigm animals - although 'living beings' endowed with sensitivity and proper movement '- are not considered by their intrinsic nature, but by underlying human interest (Lusk & Norwood, 2010). Although sentenced to forced labor, to perpetual prisons, to public arenas, to systematic extermination, to contempt, abandonment, obscure centers of experimentation, among other atrocities committed by man, animals can feel and to suffer. Science knows that our difference between them is only of degree, not of the essence. Its organs have a similar function to humans, so much so that animals react to painful stimuli. The limbic system (responsible for emotions and feelings) is the same in all mammals except that in man the cerebral cortex (responsible for reflection) is much more developed. That 'Human supremacy,' however, ends up being used for oppression and profit (Lusk et. al., 2010). According to the COALITION TO BAN HORSE-DRAWN CARRIAGES in NYC, horse-drawn carriages is an illegal business that continues to exploit horses, infringing upon animal rights. The horses' living conditions are despicable; from being overworked, restrained stalls, overburdening, and inadequate access to pasture. Banning horse-drawn carriages would go a long way in protecting the animal dignity, alleviating cruelty and shaping a morally just society.

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The difference between men and animals, according to the morphological studies of neuro-anatomy compared and methodology of pain, is only of degree, not of the essence (Fiber-Ostrow & Lovell, 2016). Capable of connecting cause and effect and to show feelings of affection, solidarity, and companionship, one perceives in them elements of individual consciousness, not just instinct. The great paradox that arises in the theme related to the ethics in the face of the animals is that they, throughout the history of humanity, have come to live under the sign of servitude. To the classical culture, the study of ethics concerns human relations, because it studies the rules and conduct of men in society, universal principles. If living ethically is living according to justice, the just legal order depends on human moral qualities. Hence, in Aristotle's comparative reflection, "Man, when ethical, is the best of animals; but separated from the law and justice, is the worst of all." Morality, on the other hand, is aimed at in particular of ethics, serving to express a subjective position to the preponderant values of human behavior.

It is known, however, that any positive law integrates a system of conduct that aims at social balance, while justice has the purpose of or to correct an imbalance (Reppy, 2007). Thus, the scope of justice goes far beyond positive (dogmatic) law and moral (subjective and transient), because it is in line with the ethical imperatives inserted not only in the legal terrain but the social and metaphysical realm. While maintaining close ties with morality and customs, the law does not have the function of imposing specific behavior or regulating the conduct of individuals (Reppy, 2007). That role is real morality. Notwithstanding the harsh treatment of the horses, horse-drawn carriage accidents may have disastrous impacts on human welfare. A horse once frightened, get out-of-control and is inherently predisposed to flee after an accident, probable of more danger to those in carriages or passersby. Harsh environmental conditions, e.g., extreme temperatures in New York causes asphalt to heat the horses' steel shoes. In effect, the horses overheat. Horses are also subjected to respiratory impairment from continually inhaling exhaust fumes from the congested NYC traffic.

Horse carriages in the streets of New York have not only resulted to the death of the animals, but also severe injuries from horse-drawn carriages. In the Central Park Area of NYC, ineffective monitoring authority has seen some drivers being spotted leaving the animals unattended, making U-turns in the most massive traffic. Although several legal statutes make it a crime to subject animals to acts of abuse or mistreatment, this penal provision - in spite of its pedagogical repressive and component - does not in itself prove capable of preventing cruelty (Ibrahim, 2007). Lack of effective implementation of most laws governing the horse-carriages is not enforced, partly because of ambiguous reasons. The prohibition is implicit in the moral of each citizen, which may be subject to state reprimand. For it to achieve its full realization, justice should not be limited to positive but to consider the moral and ethical values of society and the principles of the natural (Ibrahim, 2007). By prohibiting practices that subject animals to cruelty, it brings with it an ethical imperative that recognizes the animal as a living being capable of suffering, and not as natural object or resource, allowing animals to assume the status of a legal subject, with rights.

Conclusion

Animals should not be treated only from the faunistic environmental perspective, but by their individuality, as sentient beings who can experience emotions, pains, and sufferings. Animals and nature must, therefore, be respected as such, irrespective of the ecological context. All animals have a right to fair treatment and above all have the right to life.

References

Coalition to Ban Horse-Drawn Carriages (2018). The Top 16 Reasons why NYC Should Ban Horse-Drawn Carriages. Retrieved from http://banhdc.org/archives/ch-fact-reasons-6-4-11.shtml

Ibrahim, D. M. (2007). A return to Descartes: property, profit, and the corporate ownership of animals. Law and contemporary problems, 70(1), 89-115.

Lusk, J. L., & Norwood, F. B. (2010). Direct versus indirect questioning: an application to the well-being of farm animals. Social indicators research, 96(3), 551-565.

Reppy, W. A. (2007). Broad Exemptions in Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection of the Law. Law and Contemporary Problems, 70(1), 255-324.