RUNNING HEAD: ANIMAL LAW AND SOCIAL JUSTICE 0

Animal Law and Social Justice

Essay

System 0032

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Animal law and social justice 1

“True equality requires that animals and humans are treated in the same way through law”

Animals rights is an idea that focus on the fact that “animals are entitled to the possession of
their existence”. Francione argued that the way animals are treated as property of humans is not
accepted as they also have right to live free life. Animal law gives moral status to animals so
they are entitled for some moral rights that include rights to have equal consideration as human
being and rights to protect their interest. Sowery argued that the non-human animals does not
get rights because they are not able to bind in a social contract and said that human being have
duties therefore they are entitled to have rights. Further, the animals are considered as the
resources of human being or taken as the property or objects that are the reason of their suffering
and pain.

It is a debatable situation whether animals are treated as human being and give equal rights in the
society. The legal status of animals evolved with an initiative of “Global Animal Law”. The old
paradigm focuses on to see animals as things or objects that are not at all defensible in present
scenario from the legal view and not from the ethical view. Animals earlier are considered as
objects but now recognized as sentient things. “Animals are not things”. But in some laws
animals remain in the category of things and are used as property and therefore, alienable,
exploitable and tradable. Under the article 13 TFEU, animals are recognized as “sentient
beings”1 The legal status of animals has evolved to sentient beings from objects or things. This
is a positive thing for animals but animals need to be treated in a fairer and equal way.

At present rights are given to human, human individual have obligations and legal right towards
animals and it is the duty and responsibility of human to care for animals and not harm them2
However, legislative and judicial decision recognizes animals as “subjects of right”. Human take
rights on animals and that leads to animal personhood. Francione explained that animals and
human are treated in an equal manner because both have the ability to feel pain, experience
enjoyment and suffer. Animals are categorized as property and due to that categorization
animals cannot get legal rights. Francione explained this problem by comparing it with utilitarian
considerations. Epstein is in favor of the property status of animals as this give more benefits to
animals because under that they get secure food, care and shelter. Epstein argued that giving

1
Katy Sowery (a), Animal Law And Social Justice (University of Liverpool 2019).
2
Katy Sowery (b), Animal Law And Social Justice (University of Liverpool 2019).
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legal rights to animals does not change the status quo and not guarantee that these rights are
given to them and prove to be beneficial. Giving equal rights to animals as human could improve
condition of animals but property status of animal reinforces there objectification. In the current
state human are more concerned for animal welfare and animal rights. Thus, animals are treated
in equal way as humans but it is not necessary that animals get legal rights as human. The equal
treatment can be given by enforcing laws on human to care for animals and to not harm them.
These human values can bring change and due to that, animals get fair treatment and get right to
live free in the society3

3
Gary Francione, Animals Property & The Law (1st edn, Temple University Press 1995).
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References

Francione G, Animals Property & The Law (1st edn, Temple University Press 1995)

Sowery (a) K, Animal Law And Social Justice (University of Liverpool 2019)

Sowery (b) K, Animal Law And Social Justice (University of Liverpool 2019)