Abstract

Perhaps the most conspicuous element of wildlife law is the peculiar legal status that animals enjoy while living in the wild. According to legal authorities, animals are owned by the state with special trustee-like duties to manage them for the good of all people. This legal status is odd, if not unique. It also provides the logical place to begin examining the substance of wildlife law. We need to see how this status evolved historically, why the arrangement still exists, and what it means in practical terms. What is the public’s interest in wildlife? What powers does the state have to protect wildlife? And can citizens force the state, in fulfillment of its special duties, to take action when wildlife or its habitat is being harmed?

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