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Full-Text Articles in Animal Law
Making Decisions About Our Animals' Health Care: Does It Matter Whether We Are Owners Or Guardians?, Susan J. Hankin
Making Decisions About Our Animals' Health Care: Does It Matter Whether We Are Owners Or Guardians?, Susan J. Hankin
Faculty Scholarship
A great deal of opposition has been mounted against legislation that changes the language describing the relationship between people and their animals from “owner” to “guardian.” One of the primary arguments focuses on the claim that pet “guardians” might be faced with more limited health care choices for their pets. Behind these arguments is the premise that no one should interfere with an owner’s authority to make decisions for her animal’s health care. However, state and local laws that change the designation from pet “owner” to “guardian” will not, as opponents have argued, affect in any way our ability to …
Not A Living Room Sofa: Changing The Legal Status Of Companion Animals, Susan J. Hankin
Not A Living Room Sofa: Changing The Legal Status Of Companion Animals, Susan J. Hankin
Faculty Scholarship
Although the law has traditionally treated non-human animals as property, public attitudes and many of our current laws already are beginning to reflect many ways in which animals, and especially companion animals, are fundamentally different from inanimate property. Despite these trends, the differences between animals and inanimate property need to be more clearly reflected in our laws, because there are still too many cases where the results under current laws are inconsistent with this understanding of companion animals.
This article proposes the legislative creation of a new status that formally recognizes companion animals as a distinct legal category: “companion animal …