Animal Rights
Displaying 21 - 30 of 251
Title |
Summary |
|---|---|
| An Analysis of Favre’s Theory on the Legal Status of Animals: Towards a Reconsideration of the “Person-Property Dichotomy” | |
| An Argument for the Basic Legal Rights of Farmed Animals | As legal things, nonhuman animals lack all legal rights and remain entirely the object of the rights held by us legal persons—that is, the beings with rights. Most legal protections for nonhuman animals remain indirect (mostly anti-cruelty statutes), enforceable only by public prosecutors. Even the Endangered Species Act requires a human plaintiff to have standing sufficient under Article III of the United States Constitution. It has become clear that no meaningful percentage of nonhuman animals will ever be treated well or fairly until they attain some minimum degree of legal personhood—that is, until they achieve some minimum level of fundamental legal rights. In his article, Steven M. Wise argues for the fundamental rights of nonhuman animals by relying upon bedrock principles of Western law: liberty and equality. |
| AN INTERNATIONAL TREATY FOR ANIMAL WELFARE | |
| ANIMAL CONSORTIUM | This article will show that sufficient relational interest can exist between a human and companion animal and that this interest is widely accepted in our culture; therefore, financial recovery for the disruption of this relationship is a fair burden to place upon actors in today's world. This proposal does not seek to give any legal rights to companion animals; instead, this is a proposal to allow the law to acknowledge the depth and reality of the bond between humans and animals that exists in millions of families across the country. First, this article sets out the existing categories of damage for recovery when a defendant's tortious actions result in the death of a companion animal. Integral to this discussion is the reality that companion animals are considered property. Courts most often are unwilling to extend financial recovery to include the emotional loss of the owner of an animal. Second, this article will examine the history of the concept of consortium to show how the legal system has come to accept that the compensable harm is not limited to economic consequences, nor is it limited to husband and wife relationships. Third, this article will present information to support the position that companion animals are emotionally and psychologically important to the human members of many families. Fourth, this article will show that animals have already jumped out of the property box in a number of fact patterns, and therefore, it is appropriate to raise their status in this context as well. Fifth, this article will consider the application of the concept of animal consortium in detail as an extension of the common law cause of action. Finally, acknowledging some of the difficulties that courts may have in implementing this proposal, a legislative draft is proposed to accomplish the recovery sought by this article. |
| ANIMAL CUSTODY DISPUTES: A GROWING CRACK IN THE “LEGAL THINGHOOD” OF NONHUMAN ANIMALS | |
| Animal Ethics and the Law | Concerned with the lack of legal protection for farm animals in the United States, Bernard Rollin argues for the enfranchisment of farm animals. In this article, Rollin also identifies five factors that have called forth new ethics and new laws regarding animals. |
| Animal Law and Animal Rights on the Move in Sweden | |
| Animal Law in Action: The Law, Public Perception, and the Limits of Animal Rights Theory as a Basis for Legal Reform | |
| ANIMAL LAW IN COLOMBIA SINCE THE ADOPTION OF ACT 1774 OF 2016 | |
| Animal Law in South Africa |