Animal Rights

Summary:

Animals are property, not persons. And yet, at the same time, they are treated differently than other forms of property such as cars, toasters, and crops. Professor Francione discusses the legal status of animals and argues that, given the law as it now stands, before any real gains can be made in animal rights, either theory or in practice, the legal classification of animals must change from that of good to something more closely resembling personhood.

Summary:

This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggests that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal.

Summary:

The article examines how the interest of humans are represented in the legal system and how the interests of animals might better be brought into the legal system with the creation of a new tort for the benefit of animals.

Summary:

In this book review, Mr. Henry Cohen reviews "An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River" by Steven M. Wise.

Summary:

This article analyzes the role of the animal “offender,” by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have ended (for the most part), we continue to punish animals for their “crimes” against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and concludes with a call for a renewed emphasis on “due process” for animals threatened with punishment for their offenses.

Summary:

This article contains a review of the book, Minding Animals: Awareness, Emotions, and Heart by Dr. Marc Bekoff.

Summary: This article provides a review of the book, Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy, by Matthew Scully.

Summary:

On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory’s Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growing scientific understanding of chimpanzees and the advances in related legal doctrines.

Summary:

This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal system, which animals should be focused upon, what some of the legal rights might be, and how the traditional rules of property law will be modified to accommodate the presence of this new category of property.

Summary:

Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections. This essay will refrain from the classical approach of highlighting the philosophers and their views on animals and nature. It will instead delve into the court system of Sweden, and the laws and policies affecting animals in that country. The purpose of the essay is to highlight the developments, strengths, and weaknesses of Swedish animal law, in the hopes of giving guidance and inspiration to other societies in their quest for effective investigation, enforcement, prosecution, and punishment of animal crimes.