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Full-Text Articles in Legal History
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Will The Heavens Fall? De-Radicalizing The Precedent-Breaking Decision, Paul Waldau
Animal Law Review
This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article argues that one can identify features of the eighteenth century debate which illuminate features of today's debate over proposed uses of centrally important legal concepts for some nonhuman animals. Using the comparison for the limited task of highlighting the complex cultural backdrop in each situation, the article suggests that the comparison helps one see the nature …