Veganism & Law

Defining veganism, tracing its legal recognition, and examining the role of legal professionals in shaping a just and sustainable future.

What is veganism?

Veganism means slightly different things to different people, but as UK lawyers what better place to start than the answer provided in the English justice system. In 2020, the concept of veganism was explored and concisely defined by Employment Judge Postle in Casamitjana v The League Against Cruel Sports [2020] UKET 3331129/2018.
 
Philosophically, the concept of veganism is rooted in the ancient concept of Ahimsa, which is one of the main premises of the ancient Indian religion of Jainism. Ahimsa means “not to injure”, compassion being the key feature of many Indian religions. The word appears to be derived from the Sanskrit “to strike”. Himsa is “to injure or harm” and Ahimsa is the opposite of this, i.e. “to cause no injury and to do no harm”. Ahimsa is one of the cardinal virtues and an important tenet of Jainism, Hinduism and Buddhism and is a multi-dimensional concept inspired by the premise that all living beings have the spark of the divine spiritual energy and therefore to hurt another being is to hurt oneself. The Claimant is a firm believer that one should live following the principles of Ahimsa.
 
Ethical veganism is not simply about dietary choices but also choices relating to what a person wears, what personal care products they use, their hobbies and the jobs they do. They are people who have chosen to live, as far as possible, without the use of animal products. The definition contained or provided by the Vegan Society is helpful in that it defines vegans as follows:
 
“A philosophy and way of life which seeks to exclude, as far as possible and practical, all forms of exploitation and cruelty to animals for food, clothing or any other purpose and by extension promotes the development and use of animal free alternatives for the benefit of humans / animals and the environment, in dietary terms it denotes the practice of dispensing with all products derived wholly or partly from animals.”
 
Ethical vegans could be said to be moralistically orientated and opposed to all forms of exploitation of all animals and to embody genuine philosophical concern for all sentient life. It is clear veganism is living according to a belief or conviction that it is wrong to exploit and kill living beings unnecessarily and that moral conviction is cogent, serious and important.
 
There is a great deal of debate about exactly what veganism requires of those who accept it’s premises, and we don’t purport to have all the answers… indeed, some are drawn to veganism because of the health benefits, and later become more involved in the ethical considerations; others may have adopted a vegan lifestyle predominantly for the animals and later understand the ecological dimension. Whatever the case, veganism isn’t about perfection or having an answer to everything: it’s about approaching the best evidence we have with reason and compassion, and doing what is possible and practicable to do less harm to other living, feeling beings, and the ecosystems we are an inextricable part of.

Why Should Lawyers Care?

Pursuit of justice and social change

Lawyers have historically played pivotal roles in progressive social movements by leveraging their legal expertise to challenge injustices and advocate for social change, including:

  • Civil Rights Movement: Lawyers like Thurgood Marshall and Charles Hamilton Houston were instrumental in fighting racial segregation and discrimination. Their legal strategies led to landmark Supreme Court decisions, such as Brown v. Board of Education, which declared racial segregation in public schools unconstitutional.
  • Labour Movement: During the early 20th century, lawyers helped shape labour laws and protect workers’ rights. They played crucial roles in drafting and defending legislation like the National Labor Relations Act, which established workers’ rights to unionise and bargain collectively.
  • Women’s Rights Movement: Lawyers such as Ruth Bader Ginsburg used the courts to challenge gender discrimination. Ginsburg’s work with the American Civil Liberties Union (ACLU) led to significant legal victories that advanced women’s rights and gender equality.
  • LGBTQ+ Rights Movement: Lawyers have been at the forefront of advocating for LGBTQ+ rights. Legal battles, such as those leading to the legalisation of same-sex marriage in the United States, were driven by dedicated lawyers who fought against discriminatory laws and practices
  • Environmental Movement: Environmental lawyers have used litigation to enforce environmental regulations and protect natural resources. They have been involved in cases that address pollution, climate change, and conservation efforts. One notable example is Dutch lawyer Roger Cox who has held both the Dutch government and Shell accountable for their inaction regarding the climate emergency.

We believe that a just world is one in which all beings are treated equally and with respect and that the vegan movement is one where lawyers are already and will continue to play a key role.

Evidential Burden

As legal professionals, we deal in matters of fact and are chiefly concerned with the reliability of evidence. The scientific evidence for the benefits of veganism – regarding the treatment of animals, the sustainability of ecosystems, and the health and well-being of human beings – is now irrefutable.

  • Animal welfare: Recent scientific evidence reveals severe mistreatment of animals in factory farming globally, with over 70% of the 80 billion land animals farmed confined to cramped cages or pens, leading to immense stress and suffering. Health issues are rampant, with practices like the confinement of birthing sows and shredding of male chicks. The overuse of antibiotics in farmed animals contributes to antibiotic-resistant bacteria. Factory farming also produces significant environmental pollution. The Sentience Institute estimates that over 90% of the world’s farmed animals are housed in factory farms, highlighting the vast scale of animal suffering and the urgent need for reforms.
  • Environmental impact: The global environmental impacts of animal products are significant and multifaceted. Animal agriculture is a major contributor to greenhouse gas emissions, accounting for nearly 15% of global emissions, which is more than all transportation emissions combined. It also leads to extensive deforestation, particularly in regions like the Amazon, where land is cleared for livestock grazing. Additionally, the production of animal products requires substantial water resources, with the production of one pound of beef needing approximately 2,500 gallons of water. Furthermore, animal farming contributes to soil degradation and water pollution due to the runoff of waste and chemicals used in farming.
  • Human health: A diet high in meat and dairy can lead to several negative health effects, including an increased risk of heart disease, high cholesterol, type 2 diabetes, and certain cancers. Excessive consumption of these products is often associated with high levels of saturated fats and cholesterol, which contribute to these health issues. On the other hand, a plant-based diet offers numerous positive health benefits. It is linked to a lower risk of heart disease, type 2 diabetes, and certain cancers. Plant-based diets are rich in essential nutrients, antioxidants, and fibre, which help reduce inflammation, support a healthy immune system, and maintain a healthy weight.
Duties of Care

Legal professionals traditionally owe duties of care towards their clients, the court and the public. We believe that these duties, particularly to the public at large, also extend to sustainable stewardship of the planet and a caring relationship with all of its sentient inhabitants.
 
Indeed, lawyers have a duty of care to act in a manner that does not cause unnecessary harm to others. This duty typically requires them to exercise reasonable care and skill in their professional conduct, ensuring their actions or inactions do not negatively impact their clients or third parties. It includes providing accurate legal advice, maintaining confidentiality, and avoiding conflicts of interest. Breaching this duty through negligence or reckless behaviour can lead to legal liability for any harm caused.
 
As an extension and application of this fundamental principle, a vegan world is one in which harm to all beings is minimised and LVN’s view is therefore that as lawyers we have a duty of care which is consistent with veganism.

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Books, films, organisations, and UK-based vegan spots we recommend for learning, connecting, and putting ethics into practice. Curated by LVN’s committee members.

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