Animals as Vulnerable Subjects: Beyond Interest-Convergence, Hierarchy, and Property

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Ani B. Satz Place of Publication:  Law School of Lewis and Clark University Publish Year:  Primary Citation:  16 Animal L. 65 (2009)

Summary: <p> This Article presents a new paradigm, premised on the equal protection principle, for the legal regulation of human interactions with domestic animals: Equal Protection of Animals (EPA). EPA combines the insights of vulnerability theorists with the equal protection principle and capability theory to create a mechanism for recognizing the equal claims of human and nonhuman animals to protections against suffering. Under such an approach, domestic animals&mdash;like humans&mdash;have claims to food, hydration, shelter, bodily integrity (including avoiding pain), companionship, and the ability to exercise and to engage in natural behaviors of movement. Existing animal welfare and anti-cruelty laws, despite their stated purposes, fail to protect animals adequately. This Article identifies the ontology of the problem as interest-convergence, famously described by Derrick Bell in the desegregation context. </p>

Documents:  lralvol16_p65.PDF
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