Animal Rights

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WHO THE JUDGE ATE FOR BREAKFAST: ON THE LIMITS OF CREATIVITY IN ANIMAL LAW AND THE REDEEMING POWER OF POWERLESSNESS
Will the Heavens Fall? De-Radicalizing the Precedent-Breaking Decision


This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article highlights the complex cultural backdrop in each situation, and suggests that the comparison helps one see the nature and possibilities of precedent-breaking decisions that rely on various non-legal resources available to judges who, because of conscience, principle, or policy considerations, choose not to follow established precedent.
“ASOCIACIÓN DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS C/ GCBA S/ AMPARO” Courtroom I of the Chamber of Appeals in Contentious Administrative and Tax Matters of the City of Buenos Aires ruled that the technical reports presented by the experts for the improvement of the orangutan Sandra’s living conditions showed enough evidence to conclude that it was not in the best interest of the orangutan to transfer her to a sanctuary or to transfer her to her natural habitat. Thus, the court accepted and ordered a series of measures in order to guarantee her welfare conditions.

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