11.18.2020

MODULE IX: ANIMAL LAW

 11.18 Persons, not Property


Wise: new liberty rights for animals with practical autonomy

Elephants, cetaceans, apes have practical autonomy so should have liberty rights

What about farm animals?  Three possibilities

  • precautionary principle--we don't know for sure, but should grant liberty rights just in case they are entitled to them
  • they have practical autonomy to a degree so should have liberty rights to a degree
  • farm animals don't have practical autonomy, so shouldn't have liberty rights, but we should use the argument from marginal cases to establish other rights for them

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Francione: As long as animals are property, not persons, animal law and and animal lawyers can't accomplish much for animals.

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