Animal Law is About Changing Consciousness
Author and minister Emmet Fox once noted that, “Life is consciousness.” Indeed, that is true, especially within Animal Law. Animal Law, simply “legal matters involving nonhuman animals,” seeks to change people’s individual and collective consciousness about animals, their interests, protection and well-being, (and in turn change behavior towards animals). Raising consciousness changes people and that is then embodied in and reflected by the “lagging indicators” we know as the law in agreements, court decisions, legislation, policy, regulations and improvements that impact and save animals lives (and potentially people and environments, too, i.e., “One Health”).
“Inside Out” Level 1: It Starts with Just One Heart and Mind—Our Own (“Individual Consciousness”)
There is nothing more inside that one’s heart and mind. Change truly comes from within and it begins with us. For myself that was a transformative experience with dolphins and cancer patients/survivors, which both humbled and inspired me. It also prompted immersion in the animals rights literature to better understand how others might view that experience differently (a never ending quest for greater sensitivity to those living beings—human and nonhuman –outside myself). While this adventure 35 years ago prompted my first pro bono steps into Animal Law, we are all capable of even greater self-transformation—including those already more enlightened and well along on the path in Animal Law.
Working on ourselves is not easy. It takes more than wonderful CLE programs, mind-expanding conferences, and inspiring talks, though all contribute to our growth (“outside in”). This effort that starts with us is a great under-tapped opportunity to help animals. Yet, this is only the first level of “inside out”.
Transforming Ourselves by the Renewing of Our Minds to Overcome the Pain and Suffering Encountered
The tribulations of the instant and, at times, overwhelming challenges within Animal Law (from the unimaginably awful, frustrating, seemingly hopeless and compassion fatigue) are real. That we are called to this work may help overcome these realities, but, even that can be of little comfort in the darkest moments. Burnout, depression, desensitization and more are legitimate concerns and may warrant the help and understanding of others. For our part, when we are able, the elevation of one’s consciousness is the way to rise above, transcend and tackle those things. That is entirely up to us, an inside job that we can undertake to perform at any time and every time. A new perspective coupled with a caring but fortified and more resilient heart makes us better people and lawyers. This eventually manifests in enhanced effectiveness that benefits animals.
The following “Principles of Constructive Engagement” were developed and have been used by me and recommended to others regularly to redirect attention to where it is needed and can do the most good for animals.
- Think about ways in which you can improve, and how the situation can be used to help animals. Review the situation to develop an accurate and honest sense of the causes underlying the challenge. Work through the principles collaboratively, whenever possible. Consciously examine how you can improve, and intentionally seek ways to use the situation to help animals. This puts you in the best possible frame of mind and, with persistence, unlocks ideas for improvement.
- Make those ideas even better and put the best ones into a plan. Take the best ideas and develop a plan of action.
- Take action. Act on the plan. Make it happen.
- Keep thoughts and actions focused solely on getting better and helping animals. Remind yourself of this constantly. Focus on getting better and serving animals.
- Be grateful that you can change yourself for the better and, in doing so, help animals. We are all very fortunate to be able to use and improve ourselves in order to better serve and help animals. Be ever grateful, continuously improve, and make an even greater difference in serving animals and their interests, protection, and well-being.
“Inside Out” Level 2: From One to Many—Values, Attitudes, and Culture within Our Groups, Organizations, Communities and Networks (“Collective Consciousness”)
We are not alone. Invariably, we work with others. First, there are those united in our endeavors for animals (including those with other perspectives, recognizing that even like-minded folks may differ at times). Whatever the size and nature of an assemblage of people, each has its own values, attitudes and overall culture. Identification and declaration of these groups’, organizations’, or community’s mission(s) and values, including those relating directly to animals (especially when in their care), is important. Many times, these realities do not fully correspond to the published or stated mission(s) or values. Knowing this is essential to creating change internally for better results for animals both internally and externally. (Similarly, it is important to realize the necessity of truly understanding the values, attitudes and overall culture of those whose consciousness is to be raised from the “outside in”.)
“Inside Out” Level 3: Behaviors, Practices and Actions within Animal-related Groups, Organizations, Communities and Networks, especially those with Animals in their Care and/or under their Authority
Beginning by improving ourselves and then the entities themselves, the focus shifts to the entity’s substantive internal work for the benefit of the animals in its care. Here is where good lawyering makes a difference. Agreements, contracts, (improvement) plans, policies, practices and placements all put the mission and values into action. In short, when pertinent, animals’ interests should be recognized, incorporated and safeguarded along with their well-being.
“Inside Out” Practice is Ethical, Effective and the Right Thing to do
It is imperative that lawyers working inside an organization and/or advising on matters inside an organization provide ethical, holistic counsel. Whatever one’s perspective within Animal Law, or on a given matter involving nonhuman animals, responsible attorneys need to be cognizant of a unique array of critical considerations, including:
- The “big” ethical question(s) regarding our relationships with nonhuman animals
- Responsible and ethical governance of animal-related organizations
- Characteristics of enlightened organizations
- Daily good practices
- Unique micro-level situations/ethical challenges (e.g., whole life, end of life care and decisions)
- Professional ethics governing various animal-related areas of endeavor (e.g., ethics “codes” for groups, organizations and communities)
- Legal ethics: our responsibilities as members of this noble, service profession
As lawyers advising clients, achieving such understanding may be a matter of competence. This is especially important in light of the relevance of Rule 2.1 Advisor (and many other rules) on exercising independent professional judgement and rendering candid advice, including referring “not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.” Remember, the “exercise of independent professional judgement” requires that we are mindful to avoid potential conflicts, including our own personal interests, especially if not aligned with the client’s interests. This has been integrated into advice, guidance, and often in transparent independent and third-party reviews which account for our evolving public consciousness about animals
Out of Crises, Tragedies, and Reviews: A Philosophy of “Inside Out” Practice
A career filled with working through crises, tragedies, and being brought in to conduct or lead all sorts of reviews has been filled with heartbreak and lessons to be learned. To give these efforts and the lives of the animals (and people) greater meaning, these experiences informed the development and ceaseless refinement of a multi-layered, holistic philosophy for pro-active “inside out” practice: Excellence Beyond Compliance®
The Excellence Beyond Compliance® approach leverages the US Animal Welfare Act (AWA) as a starting point. The principles are universal and can be employed anywhere and to all animals to empower and inspire people, and to foster regulatory compliance (when applicable) and advance animal interests, protections, and well-being. Key elements include: animal welfare elevated to the highest priority; a culture of continuous improvement (in ourselves and animal well-being); empowering all staff and promoting shared responsibility; a Compliance Officer/Animal Welfare Officer; an Animal Welfare Leadership Group; encompassing all resident animals/species in the approach; utilizing criticisms, concerns and complaints to drive improvements; and daily and regular good practices that operationalize these values and objectives.
Even those Practicing Animal Law from the “Outside In” can Benefit from an “Inside Out” Practice
Whether our practice is “inside out” or “outside in”, we can all work to improve ourselves and our groups, organizations, communities and networks, which encompasses the first two levels of inside out. With respect to the third level, which relates to substantive measures on behalf of animals from inside a group, organization, community or network, those “outside in” measures would likely be enhanced by greater understanding of and sensitivity to the “inside out” dynamic.
Going All Out for Animals Starts from the “Inside Out”
The surest path to change is from within. It applies or is available to each of us including those outside of ourselves and our groups, organizations, communities and networks that we seek to influence. As Animal Lawyers, thoughtful “inside out” practice can help us to create meaningful change that is good, lasting and sustainable.
Outward change comes after we change from within
-Bob Proctor
If you want to change the world, start with yourself
-Mahatma Gandhi
