Animal Rights Law

Others

Animal Rights Law

Edited by Raffael N. Fasel · Sean C. Butler
Hart Publishing February 2023

Specifications

ISBN-13
9781509956104
Publisher
Hart Publishing
Publication
February 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law.

Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights.

The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references.

Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.

Table of Contents

Acknowledgments
List of Figures
Table of Cases
Table of Legislation

Introduction

1. The Current Legal Status of Animals
1. Introduction
2. The Property Status of Animals
3. Legislation Protecting Animals
4. Constitutional Law
5. International Law
6. Animal Protection Laws in Practice
7. Conclusion

2. Welfarism vs. Abolitionism?
1. Introduction
2. Classic Welfarism
3. Abolitionism
4. New Welfarism
5. Beyond the Dichotomy
6. Conclusion

3. Philosophical Foundations of Animal Rights
1. Introduction
2. Peter Singer's Utilitarianism
3. Tom Regan's Deontological Approach
4. Martha Nussbaum's Capabilities Approach
5. Sue Donaldson and Will Kymlicka's Political Theory
6. Critical Approaches to Animal Rights
7. Conclusion

4. The Legal Theory of Animal Rights
1. Introduction
2. Are Animals Fit to Have Legal Rights?
3. Do Animals Already Have Legal Rights?
4. Would Animals Need to Become Legal Persons?
5. Conclusion

5. Animal Rights and Human Rights
1. Introduction
2. Should Only Humans Have Human Rights?
3. Should Animals Have Similar Rights to Humans?
4. How Could Human and Animal Rights Be Reconciled Legally?
5. Conclusion

6. Animal Rights in Litigation
1. Introduction
2. Animals and the Issue of Legal Standing to Bring an Action
3. Animals as Subjects of Habeas Corpus
4. Fundamental Rights and Personhood Litigation Beyond Habeas Corpus
5. Conclusion

7. Animal Rights in Legislation
1. Introduction
2. Domestic Proposals for Animal Rights Laws
3. International Proposals for Animal Rights Laws
4. Drafting Animal Rights Laws
5. Conclusion

8. Animal Rights as a Social Justice Movement
1. Introduction
2. The Animal Rights Movement as Abolitionist
3. Animal Rights and Connections with Other Rights Movements
4. Learning Lessons
5. Conclusion

Conclusion

Bibliography
Index
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