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Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen Jan 1983

Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen

Laws and Legislation Collection

Animal protection statutes are of course extremely valuable, and they might be made even more so if they were formulated to give private rights of action to their beneficiaries--the animals themselves. But what I would like to explore here is the idea of extending common law rights of action to animals. Admittedly, permitting animals to sue in contract and tort now seems fanciful, but my hope is that this article will provide an initial step toward bringing it about.


Does Wildlife Have Legal Standing? - The Penguin Case In Patagonia, Pedro Tarak Jan 1983

Does Wildlife Have Legal Standing? - The Penguin Case In Patagonia, Pedro Tarak

Laws and Legislation Collection

The Magellan penguin populations in the Patagonian province of Argentina were recently threatened by a proposed joint Japanese-Argentine venture to exploit them on a massive scale. The firm, Hinode Penguin Argentina, wished to begin slaughtering what it termed "excess" penguins, and to process the dead birds into skins for the world market; the carcasses were to be converted to a protein extract for local consumption.

Upon learning about this venture, Argentine conservation groups mobilized their forces quickly- formulating and implementing media campaigns, soliciting scientific opinions from local and worldwide experts, and concocting legal strategies. The legal tactics alone, although initially …