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Animals, Property, and the Law (1995) is a book by Gary Francione, Distinguished Professor of Law and Nicholas deB. Katzenbach Scholar of Law and Philosophy at Rutgers School of Law–Newark. The book was the first extensive jurisprudential treatment of animal rights. [1] [better source needed]
The commodity status of animals is the legal status as property of most non-human animals, particularly farmed animals, working animals and animals in sport, and their use as objects of trade. [ 1 ] [ 2 ] [ 3 ] [ n 1 ] In the United States, free-roaming animals ( ferae naturae ) are (broadly) held in trust by the state; only if captured can ...
Pierson v. Post is generally considered the most famous property law case in American legal history. [1] Although it only involved a dispute over which of two men deserved ownership of a fox, adjudicating the dispute required determining at what point a wild animal becomes "property".
Animal law is a combination of statutory and case law in which the nature – legal, social or biological – of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and research.
Francione's Animals, Property, and the Law (1995) was the first extensive jurisprudential treatment of animal rights. In it, Francione compares the situation of animals to the treatment of slaves in the United States , where legislation existed that appeared to protect them while the courts ignored that the institution of slavery itself ...
Publication of Gary Francione's Animals, Property, and the Law (1995), arguing that because animals are the property of humans, laws that supposedly require their "humane" treatment and prohibit the infliction of "unnecessary" harm do not provide a significant level of protection for animal interests. [62] 1996
He told the House of Lords that animals had protection only as property: "The animals themselves are without protection--the law regards them not substantively--they have no rights!" [ 56 ] Erskine in his parliamentary speech combined the vocabulary of animal rights and trusteeship with a theological appeal included in the Bill's preamble to ...
The current policy of Mexico, in civil law, condemns physical harm to animals as property damage to the owners of the abused animal, considering the animals as owned property. In criminal law, the situation is different.