Legal Status Of Animals Research Articles

A Bird's‐Eye View of Animals in the Law

The article develops an analytic account of nonhuman animals’ current legal status. Animals are often characterised as legal things and property, but this characterisation is both simplistic and, in some cases, incorrect. The article seeks to dispel a number of orthodoxies regarding the legal status of animals and offer a more nuanced and contextual account. The emphasis is on Western law, with a particular focus on European jurisdictions. The article approaches animal legal status in terms of two historical regimes: the Commodity Regime and the More‐than‐Commodity Regime. While treating animals as commodities has been the rule for millennia, the situation has recently become more multifaceted. For instance, the private law status of companion animals has shifted away from that of commodities. Furthermore, it is argued that some wild animals have stopped being legal things altogether as a result of EU wildlife law. The multifarious arguments are then synthesised in order to produce a bird's‐eye view of animals in the law.

The Legal Status of animals in International Humanitarian Law

The Legal Status of animals in International Humanitarian Law

The legal status of animals: a source of their disaster vulnerability

The 2019–20 Australian bushfire season had a devastating impact on animals. A report sponsored by the World Wide Fund for Nature (2020) estimates that 3 billion native wild animals were affected by the bushfires, with several species now closer to extinction. Thousands of domesticated farm animals also perished, either as an immediate result of the bushfires or as a consequence of being euthanised with fire-related injuries. In addition, there was concern about the adequacy of arrangements for the evacuation and care of companion animals during the emergency. In these diverse ways, the bushfires brought the profound and multidimensional vulnerability of animals to disaster events into stark focus. Using case studies, this paper examines the role the law plays in contributing to this vulnerability. It investigates how the status of animals as ‘property’ under law increases their exposure to hazards and affects their priority in disaster planning and response. This paper also scrutinises the extent to which statutory welfare and environmental protections are capable of optimising wellbeing and survival outcomes for animals in disasters.

The issue of developing animal legal subjectivity

Currently almost all democratic countries grant legal protection to animals, guaranteeing them the right to life and freedom from suffering as a basis. Nevertheless, in certain countries, such as the United States and India, attempts are made to grant select species a package of rights which predisposes them to be called subjects instead of objects of law, and distinguishes them from other animals. Such activities are most commonly explained by the development of biological sciences, allowing for a better understanding of the abilities of animals in the intellectual and social spheres. Such demands, due to the still unclear legal status of animals in certain countries, are perceived as equating the position of humans and animals.

Status prawny zwierząt pokrzywdzonych w wyniku popełnienia przestępstw stypizowanych w ustawie o ochronie zwierząt z 21.08.1997 r.

The article is a voice in the discussion on the legal status of animals which are victims of crimes defined in the provisions of the Act of 21 August 1997. It presents argumentation to support departure from the result of linguistic interpretation of the legal definition of the victim, contained in the provisions of the Code of Criminal Procedure, which definition is based, inter alia, on functional considerations. The article criticizes the fact that only organizations whose statutory purpose is the protection of animals were granted exclusive authorization to exercise the rights of animals as victims.

동물의 법적지위에 관한 고찰 - 법적 주체와 객체로서의 이중성 -

동물의 법적지위에 관한 고찰 - 법적 주체와 객체로서의 이중성 -

ANIMALS AS CRIME VICTIMS

Animals often become a subject of criminal attacks. However, their legal status is not well defined. The article is devoted to the analysis of the contradictions between the legal and biological characteristics of animals that have been subjected to criminal action. Today, in civil and criminal law they are considered as things, that is, inanimate objects. At the same time, numerous studies of the elementary behavior of representatives of the fauna show that, they can feel, experience emotions and possess rational abilities. In this regard, it becomes necessary to study further the legal status of animals, especially those who can carry out reasonable activities. The article provides various opinions of scientists on this issue. Attention is drawn to the position of authors who regard animals as a thing, animate objects. The authors’ position is expressed regarding proposals on the criminal legal protection of only vertebrates. The authors conclude that attacks on animals harm the moral principles of society. They propose to consider only mammals and birds as a subject of cruelty to animals.

Penal Sanctioning of Zoophilia in Light of the Legal Status of Animals-A Comparative Analysis of Fifteen European Countries.

Simple SummaryThe aim of the research is to examine the legal status of animals and the criminal law regulation of zoophilia (commonly referred to as “bestiality”) in 15 European countries. These two factors were chosen because they show how societies relate to animals through legislation, that is, how much animals are protected because of their inherent value, and not just because of the interests of humans. In the case of their legal status, the study examined the shift from viewing animals as a simple legal object to giving them special legal status. This research also examined criminal law definitions related to zoophilia. The results of compiling and comparing country rankings for zoophilia and legal status show that countries that place greater emphasis on regulating zoophilia are also more likely to have clearer rules in place regarding the legal status of animals. Switzerland is a positive example of both factors, while Italy faces many challenges in establishing specific legislation.The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally punishable? Several aspects of the legal status of animals were examined including: (1) is the protection of individual animals included in the constitution, (2) do animals have a special status beyond mere objects, (3) can we find specific legislative provisions that explicitly state that animals are not simply things, and (4) does the legal system also take the “dignity” of animals into consideration. The assessment of zoophilia and the legal status of animals resulted in two country rankings, which the authors compared with each other. The correlation was not significant (p = 0.3147). At the same time, countries with differentiated criminal legislation for zoophilia were also 3.62 times more likely to rank higher in terms of the legal status of animals. The Swiss regulations are exceptional in both respects, while at the other end of the list, Italy does not have specific legislative provisions for either aspect.

Crónica de la jornada "El Derecho y los Animales"

La Facultad de Derecho de la Universidad de Santiago de Compostela acogió durante la tarde del lunes 4 de febrero de 2019 la Jornada “El Derecho y los Animales”. En ella se debatieron temas como el vínculo que existe entre el maltrato animal y la violencia interpersonal, la reforma del Código civil relativa al régimen jurídico de los animales, o la ley gallega sobre protección y bienestar de los animales de compañía en Galicia.

Legal Status of Animals with Regards to the Distinction between Persons and Things

Hayvanlari kullanma ve kontrol etme yonundeki ihtiyaclarimiz, onlarin oteden beri esya olarak, baska bir deyisle haklarin oznesi degil, konusu olarak siniflandirilmalarina sebep olmustur. Bununla beraber, hayvanlarin hissetme yetisine iliskin bilimsel verilerin gelismesi ile, hayvanlarla iliskilerimiz onlarin da birer canli varlik olmalari bilincine paralel olarak evrilmis, hukuk kurallari da bu evrimi yansitir hale gelmistir. Hayvanlari kendi menfaatleri icin koruma amacini guden ve onlari diger esyalardan farkli bir hukuki rejime tabi tutan normlar, hukuk sistemlerinde gittikce daha fazla yayginlik kazanmakta, hayvanlar, kendine ozgu bir hukuki statuye dogru itelenmektedir. Gerek yapilmis olan duzenlemelerin hukuki etkisinin anlasilmasi, gerekse hayvan haklari hukukunun ne yonde evrilmesi gerektigi sorusunun cevaplandirilmasi, hayvanlarin hukuki statusunun, ozel hukuk sistemimizin temel ayrimlarindan biri olan kisi ve esya ayrimi cercevesinde yeniden degerlendirilmesini zorunlu kilmaktadir. Hayvanlarin statusu acisindan cagdas sistemlerde olusan hukuki tablonun ortaya konulmasi ve en yerinde olan cozumun arayisi, bizi, diger canli varliklar, embriyo, kadavra, yapay zeka gibi sorunsallar acisindan da onem tasiyan, hak oznesi ile hak nesnesi arasindaki geleneksel iliskiyi de sorgulamaya goturecektir.

HOW COMMUNITY ATTITUDES CAN STRENGTHEN ARGUMENTS FOR CHANGING THE LEGAL STATUS OF ANIMALS

The current legal categorisation of animals as property has its historical roots in Roman Law. The long history of this status prompts one to wonder whether it reflects modern community attitudes. It is, however, difficult to answer this question, as there is a dearth of empirical data on attitudes towards the legal status of animals. In light of the widely-accepted relationship between law and community attitudes, particularly in democratic societies, this paper highlights the need for empirical examinations of social attitudes towards the legal status of animals. It is suggested that such empirical exercises can help scholars and lawmakers more accurately understand whether a change in the legal status of some or all animals is politically achievable. Empirical studies of community attitudes can also provide direction to scholars, who theorise legal frameworks to define the legal status of animals, and animal advocacy groups, which seek to educate the community about the legal status of animals.

Životinje kao predmet registrovane zaloge

The adoption of the law that has introduced non-possessory lien securing the movable property and rights (colloquially called Act on registered pledge), allowed the commitment of animals, through registration in the register of stocks in the Business Registers Agency. The topic has been chosen, both because of the practical reasons (more and more domestic animals are being registered as collaterals in the Register), and because there are no articles on this topic in our legal science. In the article the emphasis is placed on the regulation of the legal status of animals, especially in the Act on registered bets, the Law on Obligations and Preliminary Draft of Serbian Civil Code. Special attention was devoted to the Animal Welfare Act, because of the provisions of this legal regulation that follow a series of obligations for the sides in the contract of registered pledge, as well as certain restrictions with regard to the animal as an object of inventory. Although our legislature is obliged, in accordance with the obligation of harmonizing national legal regulations with EU regulations, to implement higher standards in the treatment of animals as beings who have feelings, it is only partially done in our law. Draft Civil Code retains an approach that had the Law of Obligations Act 1978, treating animals as classical chattel. Such an approach has been abandoned in all the most important civil codification. The paper presents the proposals relating to the improvement of the existing legislation in this area. Proposals for amending the Law on registered pledges are defined in relation to issues not resolved by this piece of legislation, such as the question of the legal status of unborn offspring. It points to the practices of the Agency for Business Registers that is not based on law, which involves entering the maximum amount of credit to pledge any security. Despite the Act did not define the registered pledge restrictions in the case of animal advocacy, the paper, by applying provisions of the Animal Welfare Act, indicates which species should be excluded from the circle of potential subjects of pledge security, but also indicates the species that have not been registered ever, without obvious practical reasons, or formal ban.

Animal welfare versus animal abolitionism: a comparison of the theories by Peter Singer and Tom Regan and their influence on the Brazilian Federal Constitution

With the emergence of environmental concerns and the awakening regarding animal treatment issues, the anthropocentric paradigm has begun to shift, causing many countries to review their position on the legal status of animals. Within the movement for animals, there are two mainly followed philosophical theories: the animal welfare perspective, which has Peter Singer as its leading author, and the animal rights theory, likewise known as the abolitionist movement, with Tom Regan as its central theorist. Utilizing the method of comparative analysis, this article seeks to analyze each author’s thought process and compare theories, contrasting each viewpoint’s moral and philosophical foundations and which principle each author has determined as most fundamental. The main differences between them will also be compared, as well as their conclusions and effects on society, with a particular focus on their influences on the Brazilian Federal Constitution of 1988.

Legal Status of Animals in Ukraine and Poland

The article deals with the analysis of animals’ legal status via examples of Polish and Ukrainian legislation. The examples of inaccurate usage of legal terminology is this sphere (concerning subjects and objects) are analyzed. Legislative attempts to assign the status of subjects of law to animals in Ukraine and Poland are discovered. Remarkable examples from world judicial practice are revealed. Historical parallels are shown. Conclusion of possible solutions taking into account present understanding of nature of law and the aim of proposed changes in legal regulation is made.

Reform of civil legislation on the legal status of animals and Private International Law

The proposal for the reform of civil legislation on the legal status of animals provides for their consideration as living beings endowed with sensitivity. This will be reflected not only in the internal sphere but also in the international sphere in situations in which there is a conflict of laws.

Legal status of animals in Poland

As in other parts of Europe, the Polish Constitution does not refer directly to the rights of animals, and guaranteeing protection would require a more dynamic interpretation of these provisions of the Magna Carta, which deal with the protection of the environment. The animal protection law of 1997 places Poland among the first countries that regulate this matter. However, the most problematic issue is to apply the Animal Law efficiently. It seems that the guarantee mechanisms for animal rights do not work as they should yet.

Welfare protection of the animal-athlete in the sports company in light of the evolution of the legal regime for animals.

Neither Labor Law nor Civil Law has yet drawn the legal consequences of the existence of labor relations that unite animals and man. There are no rules protecting animals at work, while their participation in multiple human activities is unequivocal. The use of horses in sports and tourism generates wealth, while the services they provide save or improve lives. While it is easy to with animals, it is true that it is never explicitly recognized that animals with people. Why? Because animals are subject to the legal regime of property. The case of an animal as versatile as the horse leads us to believe that after having inspired numerous animal protection laws, his participation in society through work could be the first to be recognized. A service provider, transporter, plow, therapist, athlete... he has many roles and is recruited according to his personal skills and physical, intellectual or emotional abilities that make him unique. The social fact that animal labor represents prompts us to claim the specific protection of animals in this context, in light of the emergence of their fundamental right to welfare and, therefore, not to be mistreated. Being well treated in the workplace should be considered as a right of the working population, not as a specific human right. Likewise, the protection and monitoring of the health of the sportsperson must be an imperative that goes beyond the species to which the athlete belongs. This contribution was presented during the Symposium organized by the ADDCDA (Association des Doctorants et Docteurs du Centre de Droit des Affaires) on 11 October 2018 at the University of Toulouse 1 Capitole, on the theme of Sport and Business Law. It is part of the DER2015-69314-P project financed by MINECO, on the legal status of animals.

Is the Classification of Animals as Property Consistent with Modern Community Attitudes?

Animals have legally been classified as property under Australian law, at least since colonialism. In recent times, however, the appropriateness of this legal status has come to be questioned. The debate between abolitionists and welfarists has become increasingly prominent; nevertheless the largely theoretical debate remains confined to the scholarly and legal world. This article reports on the results of an empirical study that took the issue to the Victorian public, measuring the level of awareness and agreement about the property status of animals. The study found that most people are unaware of the legal status of animals, and that the property status of at least some animals may not be consistent with contemporary attitudes. The results of the study further confirm that different kinds of animals are perceived differently, although they are rarely viewed as property. The findings enrich the abolitionist debate with empirical evidence while also highlighting educational opportunities.

Descosificación de los animales en el Cc. español

The legal status of animals in the Spanish Civil Code is currently the subject to a process undertaken by the competent legislative bodies, aimed at changing their consideration to “living beings endowed with sensibility”, instead of as things, which is more common. This reform also includes corresponding changes in the Mortgage Law and in the Civil Procedure Rules. This piece analyses the antecedents, context and reasoning behind this reform within the general context of the de-objectification of animals, as well as some of the principles that will facilitate an understanding of the outcomes of this reform.

La modernización del estatuto del animal en la legislación civil española

This text is a part of the Report to the changing of the civil law status of animals in Spain, which was submitted to the Spanish Congress of Deputies during the drafting of the ongoing Bill to amend the Civil Code regarding the legal status of animals. It has analyzed how the regulation of animals in the Spanish Civil Code needed an urgent legal review to change the legal paradigm of animals to stop being considered as mere objects in property and becoming to be legally recognized as sentient beings.