Is there a need for a new, an ecological, understanding of legal animal rights?

Details

Serval ID
serval:BIB_AFED8DAD12D1
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Is there a need for a new, an ecological, understanding of legal animal rights?
Journal
Journal of Human Rights and the Environment
Author(s)
Favre Brian
ISSN
1759-7188
1759-7196
Publication state
Published
Issued date
30/09/2020
Peer-reviewed
Oui
Volume
11
Number
2
Pages
297-319
Language
english
Notes
Article sélectionné pour le libre accès sur le site du JHRE : https://www.elgaronline.com/view/journals/jhre/11-2/jhre.2020.02.07.xml
Abstract
Legal animal rights may, in the short term, offer an efficient means to improve the living conditions of animals and how they are treated by human societies. This article argues
that this shift to adopt an animal rights framing of the human-animal interaction might also risk producing certain counterproductive effects. It suggests that there is a need
for a broader reassessment of the relationships between the human and animal worlds. This article posits that the adoption of legal animal rights as a workable legal solution
for the better protection of animals has been increasingly accepted because rights frameworks rely upon a core premise of Western jurisprudence, namely legal subjectivism and
the epistemological and axiological assumptions it conveys. The article argues that such an individualistic and dualist approach to legal animal rights will ultimately reveal itself
to be insufficient and unable to capture animals as members of concrete social and environmental entanglements. Rather, a true legal revolution is required, which would evoke an
ecological understanding of law itself.
Keywords
Law, Management, Monitoring, Policy and Law, Sociology and Political Science
Web of science
Open Access
Yes
Create date
06/10/2020 8:33
Last modification date
18/11/2021 6:40
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