Abstract
This article argues that animal welfare law and animal conservation law are more similar than usually assumed by scholars from either discipline, at least within the context of the EU. Subsequently, the article explores how reimagined ways of thinking about animals can have an effect on animal law as a whole, including wild animals. The article first argues that animal welfare as a legal objective consists of the normative components of anti-cruelty and humane treatment. The article analyses EU conservation law to find that animal welfare as a legal objective is defined by the norm of anti-cruelty with regards to wild animals. As such, wild animals are included in the legal welfarism that is present in the EU, which is argued to be defined by the interest-convergence theory, as opposed to animals’ property status. The article concludes by discussing these findings in the context of a posthumanist approach towards animals in the law and argues how the posthumanist perspective allows the rethinking of EU wild animal law.
Published Version
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