Rulemaking and the Pig

Rulemaking and the Pig

Before starting of with the questions, it is better to first to analyze the main theme of the case. The case addresses that the professor is trying to keep the pig with himself. Although the rule (APA) states that the swine are note allowed to be kept near the residencies, because of the health issues and other ethical concerns. The following analysis will provide a clear picture of the scenario.

Professor's arguments

The professor stated four of his arguments. The first argument states that the crawlspace under the house is not a pen or lot for keeping the swine. The argument is controversial because the idea for not keeping the swine is to maintain the health and safety measures within the residential areas (Dimauro and Grant, 2006). That is why pen or lot has been mention. Professor can not simply keep the pig underground because the pig will require some time to spend in an open place. And as mentioned in the case, the pig likes to wallow in the “swampy” part of the neighbor's backyard. So by law, it is illegal to cause damage to someone's property.

The other argument was that the word used is “Swine” which is plural; therefore the law does not cover the keeping of one pig. The point is valid, because in law, the wordings can be very crucial regarding the statement. But as we know that the policy was made according to the rural area, so there can be some liberty regarding this. The third argument states that the purpose of this rule is to prevent noise and water pollution and one pig cannot harm anyway. The statement is not true; the purpose of this law was to keep swine away from the areas, which can then harm people's health. Heath and pollution were the main concerns here. So if a pig is living in a residential area, there are chances of health disease like swine flu etc. The last argument was that the rule was not promulgated appropriately; it was published in local newspaper rather than in weekly farmer newspaper. The statement is not strong enough to consider because the rule suggests that the policy can be published, it can either be newspaper or any other source. So it does not matter that it is published in local newspaper or in any other farmer's news. The purpose is to deliver the information.

Additional Remedies

If the county upholds the Health Department's decision, professor can negotiate with some of the considerations. He can propose the guarantee for his pig not to damage the neighbor's property (Marmot and Wilkinson, 2006). If he can ensure proper health keeping of the pig, and regular vaccination of the pig then Health Department might consider allowing the pig to be kept in professor's residency. He can also propose that he is keeping the pig as a pet, the argument that was proposed by professor that a single pig can not harm that much can favor him in ...