# Animal Rights Law

Animal Rights Law is a 2023 textbook by Raffael N. Fasel and Sean C. Butler. It is a comprehensive examination of the legal framework surrounding animal rights. The book provides an overview of how different legal systems have addressed the issue, from early anti-cruelty laws to more recent efforts aimed at granting animals fundamental rights and legal personhood. Drawing on examples from over 30 legal systems, the book explores both civil and common law traditions, incorporating legal theory, ethics, and social considerations to give a broad perspective on the subject. It is based on the authors' course at the University of Cambridge and serves as both an introduction and a scholarly exploration of the emerging field of animal rights law.

## Summary

The book begins by analyzing the current legal status of animals in different jurisdictions. In many legal systems, animals are classified as property, allowing them to be owned, bought, sold, and used similarly to inanimate objects. Some countries, however, have introduced distinctions to recognize animals as sentient beings, differentiating them from mere property. The authors explore various forms of animal protection laws, including anti-cruelty statutes that prohibit mistreatment and broader welfare laws that require the provision of adequate care. While some countries have incorporated constitutional protections for animals, enforcement remains inconsistent, and the effectiveness of these laws varies widely.
A central theme of the book is the debate between animal welfare and animal rights. Welfarists argue that humans can continue to own and use animals as long as they are treated humanely, while abolitionists contend that all forms of animal exploitation should be eliminated. A third position, known as new welfarism, seeks to balance both perspectives by advocating for gradual improvements in animal welfare while moving towards greater legal recognition of animal rights. The book also discusses the historical development of animal protection laws, highlighting how evolving scientific and ethical understandings have influenced legal reforms.
The philosophical foundations of animal rights play a crucial role in legal debates on the subject. The book examines influential philosophical perspectives, including Peter Singer's utilitarianism, which evaluates animal treatment based on overall welfare; Tom Regan's deontological approach, which argues that animals have inherent moral rights; Martha Nussbaum's capabilities theory, which emphasizes the need to support animals' ability to flourish; and Sue Donaldson and Will Kymlicka's political animal rights theory, which suggests that animals should be granted certain legal and political protections. The book also presents critiques of animal rights, including ecofeminist perspectives, conservationist arguments, and contractualist theories that challenge the idea of extending rights to non-human entities.
A key legal question explored in the book is whether animals can have legal rights. The authors examine two primary theories: the choice (or will-based) theory, which links rights to autonomy and decision-making, and the interest-based theory, which argues that rights should be granted to beings with significant interests, such as animals. The discussion also covers whether animals should be classified as legal persons and whether their status as property presents an obstacle to meaningful legal protections. This leads to an analysis of the relationship between animal rights and human rights, with some scholars arguing that the two movements are compatible and mutually reinforcing, while others contend that recognizing animal rights could undermine human rights.
The book also examines the role of litigation in advancing animal rights. Several landmark cases have sought to establish legal personhood for animals, particularly through the use of habeas corpus petitions. Notable examples include the case of Sandra, an orangutan in Argentina, and Happy, an elephant in the Bronx Zoo, both of which involved legal arguments over whether animals should be granted rights similar to those of humans. The authors analyze the outcomes of these cases and their broader implications for the future of animal rights law.
Legislative efforts to establish legal rights for animals are also explored. While no country currently has binding animal rights legislation, various proposals have been introduced at both national and international levels. The book discusses key considerations in drafting such laws, including defining the scope of rights, establishing mechanisms for enforcement, and ensuring procedural protections for animals. The authors highlight the challenges of translating philosophical and ethical arguments into legal frameworks, as well as the political and economic factors that influence legislative progress.
The final section of the book examines whether animal rights should be considered a social justice issue, drawing comparisons with other movements such as abolitionism and feminism. While some argue that the struggle for animal rights parallels historical human rights movements, others caution against drawing direct analogies. The book explores the lessons that animal rights advocates can learn from these movements, including the importance of public engagement, strategic activism, and legal reform. The authors also address controversial comparisons that have been made between animal rights and issues such as slavery and gender oppression, discussing both the potential benefits and the ethical concerns associated with such comparisons.

## Reception

Angus Nurse, in the Environmental Law Review, reviewed Animal Rights Law favorably, acknowledging the book's contribution to the field while offering some constructive suggestions for improvement. He commends Fasel and Butler for providing a balanced and accessible treatment of complex issues surrounding animal rights, praising their ability to navigate debates about legal personhood, anti-cruelty laws, and welfare frameworks. Nurse appreciates the book's international scope, noting its inclusion of diverse case law from various countries and international courts, which he views as an important strength. He finds the discussion of "thick" and "thin" rights particularly compelling, recognizing it as a useful way to highlight differing perspectives on animal rights. However, Nurse also suggests that the book could benefit from a deeper exploration of certain topics, particularly in terms of human rights comparisons. Despite this, he concludes that the book strikes a successful balance between scholarly rigor and accessibility, making it a valuable resource for both students and scholars.
Katy Sowery, in her review for The Modern Law Review, expresses a generally positive view of the book, praising its comprehensive overview of key issues in animal rights law. She appreciates that the book provides a helpful introduction to the complex theoretical and legal questions surrounding animal rights, highlighting the authors' clear analysis of key debates. Sowery acknowledges that the book effectively navigates philosophical arguments while providing accessible discussions for readers. However, she also notes that it does not delve deeply into the substance behind some of these issues, offering only brief references to alternative perspectives and more in-depth resources. Overall, Sowery finds the book valuable as an introductory resource, but she suggests it could benefit from a more critical engagement with the limitations of legal frameworks and further exploration of broader social justice connections.
Bianka M.A. Atlas' review highlights the book as a comprehensive and accessible resource on the evolving field of animal rights. She commends the authors for their clear language and interdisciplinary approach, making the text suitable for a diverse audience, including legal scholars, policymakers, and general readers. Atlas appreciates the book's global perspective, practical exercises, and its thorough engagement with legal theory, especially regarding the legal status of animals and their rights. She notes that the work provides valuable insights, though it may not delve deeply into all areas, and encourages readers to explore supplementary materials for a fuller understanding of animal rights law.
Andrew Rowan's review for WellBeing International describes the book as a comprehensive text, highlighting its accessible and thorough exploration of animal rights law. The review notes the book's inclusion of online resources and acknowledges its contribution to the field. Additionally, the book is recognized for its ability to engage students in the evolving discussion surrounding animal law.

## Publication history

Animal Rights Law was published on 23 February 2023 in hardcover, paperback, and ebook formats, by Hart Publishing, an imprint of Bloombury Publishing.