The Future of Animal Law
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The Future of Animal Law

9781839100628 Edward Elgar Publishing
David Favre, Professor, Michigan State University, College of Law, US
Publication Date: 2021 ISBN: 978 1 83910 062 8 Extent: 224 pp
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.

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This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a ‘right of place’ is proposed and developed.

The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act.

Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.
Critical Acclaim
‘This impressive book brings together and adds to the unique, creative, and thoughtful legal possibilities David Favre has posited for achieving meaningful improvements in the lives of animals. Built on a carefully argued ethical framework and focussing on companion animals – especially dogs – as a means of emotional and political engagement – Favre addresses a significant gap in much animal law scholarship. He is able to shift from a diagnosis of shortcomings in the law affecting animals to a rich account of a host of legal reforms – both modest and significant – which might be pursued. The book is highly readable, clear-sighted, and ultimately optimistic about the prospects of legal change for the betterment of the animals with which we share our lives and the planet.’
– Steven White, Griffith University, Australia

‘This book should be read by anyone who feels that animals are more than just property. From the premise that animals have feelings as well as needs, this wide-ranging book explores how animals deserve to be treated under the law, identifying progress and proposing fundamental developments. Interesting and enjoyable, it makes a valuable contribution to the field of animal rights law, helping to hasten the day when animals will get legal rights.’
– Dr Sean Butler, Cambridge Centre for Animal Rights Law, UK

‘A pioneer of the animal law movement presents new insights in novel formats. The book combines vision, experience, and common sense. Legal comparison, examples, and assignments make it a valuable teaching tool.’
– Anne Peters, Max Planck Institute for Comparative Public Law and Public International Law, Germany and University of Michigan, US


Contents
Contents: 1. Introduction to The Future of Animal Law : it’s a dog’s world 2. The arc of history: anti-cruelty, animal welfare, and animal rights 3. The modification of property law 4. The ethical framework for legal rights 5. Green shoots in law for companion animals 6. Animals in international law 7. Sovereign power and constitutional law in developing animal law 8. New legislation for the animals 9. Animal action in the courts 10. Private actions concerning ownership of animals 11. Final thoughts on the future of animal law Index
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