Moving beyond animal rights: A legal/contractualist critique


Abstract
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)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Translate to english
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 47,182
External links

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.

Add more references

Citations of this work BETA

Limitations on the Confinement of Food Animals in the United States.Terence J. Centner - 2010 - Journal of Agricultural and Environmental Ethics 23 (5):469-486.

Add more citations

Similar books and articles

Analytics

Added to PP index
2009-05-31

Total views
20 ( #470,159 of 2,289,505 )

Recent downloads (6 months)
1 ( #838,743 of 2,289,505 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature