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The first to map the field of animal rights law, this user-friendly book explores the rights of animals in all key legal, ethical, and social dimensions.
This Research Handbook examines contemporary animal law and its relationship to the philosophical and legal idea of animal rights. Adopting an inter- and multidisciplinary approach, it explores the role of legal theory, legal practice, strategic litigation and advocacy in the global development of laws protecting animals. Tomasz Pietrzykowski and Birgitta Wahlberg bring together expert contributing authors to discuss interspecies constitutionalizing and the evolution of animal law scholarship.
This book explores human–animal relations and species- based domination at the intersection of feminism with critique of our domination and exploitation of nonhuman animals, in conversation with power dynamics around coloniality and race, class, sexuality and embodiment. The collection demonstrates the continued vital importance of feminism – conceptually and theoretically, methodologically and politically – to the development of animal studies. Feminism has made an incisive critique of the ways in which gender and other intersecting differences and inequalities are constitutive of our destructive, exploitative and often violent relationships with nonhuman worlds. An international grou...
This is an open access book.Animals are the traditional blind spot in human rights theory. This book brings together the seemingly disparate discourses of human and animal rights, and looks at emerging animal rights as new human rights. It approaches the question whether animals can and should have human rights through a comprehensive review of contemporary human rights philosophy, discussing both naturalistic and political justifications of human and animal rights. On philosophical as well as practical grounds, this book argues that there are compelling conceptual, principled, and prudential reasons for modernizing the human rights paradigm and integrating animals into its protective mandat...
This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition. The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience. This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.
This Element presents the notion of legal personhood, which is a foundational concept of Western law. It explores the theoretical and philosophical foundations of legal personhood, such as how legal personhood is defined and whether legal personhood is connected to personhood as a general notion. It also scrutinises particular categories of legal personhood. It first focuses on two classical categories: natural persons (human beings) and artificial persons (corporations). The discussions of natural persons also cover the developing legal status of children and individuals with disabilities. The Element also presents three emerging categories of legal personhood: animals, nature and natural objects, and AI systems. This title is also available as Open Access on Cambridge Core.
How can we protect animals more effectively, both at home and abroad, given the ongoing globalization of animal production? This book provides a catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. It offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law.
An examination of the law relating to animals, in the UK and with consideration to European and international law, from the perspective of policy, society, philosophy, history and economics. Animal Law leads us through the development of animals in society and how they have featured in the law from a historical perspective to illustrate the passage of animal’s status up to the present. As well as setting animal law in context, the book looks at specific practical instances of animals in law – animals in rented property, dangerous dogs, puppy farming, animal testing, and animals in zoo. A global picture is examined by looking at the law relating to international trade, illegal animal trading, environmental protections and habitat loss. Animal law students and practitioners, as well as animal welfarists and ethicists will find this book a valuable resource. 5m Books
Constitutionalism—the idea that constitutions should limit and direct government power—has emerged as the global standard for the exercise of public authority. Its appeal lies in the simple idea that constitutions should secure governance in the interests of the governed. Yet, its popularity has obscured a significant problem: constitutions are centred on the interests of rational human beings, neglecting those who lack such capacities—most notably, non-human animals. Animals and the Constitution breaks new ground by challenging the human-centredness of current constitutional theory and practices. It pioneers a more capacious account of constitutionalism—sentience-based constitutiona...
Can animals, artificial intelligences (AI), and nature have fundamental rights? Do they have fundamental rights? And if they do, how do their rights relate to human rights? In this book, eminent and emerging scholars from fields as varied as legal theory, environmental studies, and philosophy, probe the theoretical foundations, flaws, and future prospects of the growing phenomenon of non-human rights. Using a dialogical structure, the book consists of matched chapters, with one contributor advancing a view on fundamental rights and another engaging with it. This allows readers to deepen their understanding of the different perspectives offered and to participate in constructive conversations that tease out the promise and pitfalls of each position. This balanced approach makes the book particularly helpful to scholars and students who are seeking insights into the emerging field of fundamental rights for non-humans. The book also benefits theoretically-minded lawyers, judges, and policymakers who are considering the foundational issues that shape the development of animal rights, AI rights, and rights of nature.