David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Since important legal victories against racial discrimination and other forms of discrimination in the 1950s and 1960s, many legal scholars and lawyers have been increasingly attracted to the "romance of rights." For these scholars and lawyers, analogies to the civil rights movement seem especially appealing as vehicles for achieving societal change in new fields. Animal Law is perhaps the fastest growing field of study in American legal education and scholarship, and calls for legal rights for some or all animals are rapidly expanding. This Article critiques comparisons between rights sought for animals and rights assigned to infant humans,mentally incapable adult humans, and corporations. It argues that legal and societal reforms regarding animals are better suited to social contract - contractualist - ideals than to creation of new rights. Contrary to the increasingly frequent assertions of some animal rights theorists, appropriate treatment of animals in a manner that benefits society's overall interests is attainable through focusing on human responsibility for animal welfare under social contract principles. Developing an artificial construct of formal rights for animals would be harmful both to humans and, ultimately, to animals.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
Terence J. Centner (2010). Limitations on the Confinement of Food Animals in the United States. Journal of Agricultural and Environmental Ethics 23 (5):469-486.
Similar books and articles
Tom Regan (1997). The Rights of Humans and Other Animals. Ethics and Behavior 7 (2):103 – 111.
Joel Marks (2010). Live Free or Die. [REVIEW] Animal Law 17 (1):243-250.
David Sztybel (2001). Animal Rights: Autonomy and Redundancy. [REVIEW] Journal of Agricultural and Environmental Ethics 14 (3):259-273.
Marna A. Owen (2009). Animal Rights: Noble Cause or Needless Effort? Twenty-First Century Books.
Richard L. Cupp Jr, A Dubious Grail: Seeking Tort Law Expansion and Limited Personhood as Stepping Stones Toward Abolishing Animals' Property Status.
Cass R. Sunstein & Martha Craven Nussbaum (eds.) (2004). Animal Rights: Current Debates and New Directions. Oxford University Press.
David DeGrazia (2002). Animal Rights: A Very Short Introduction. Oxford University Press.
Paul Waldau (2010). Animal Rights: What Everyone Needs to Know. Oxford University Press.
Mark Rowlands (2009). Animal Rights: Moral Theory and Practice. Palgrave Macmillan.
Added to index2009-05-31
Total downloads16 ( #116,412 of 1,410,035 )
Recent downloads (6 months)2 ( #107,760 of 1,410,035 )
How can I increase my downloads?