Law Commons^™

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.

The Changing Concept Of Animals As Property, Vincent P. Mccarthy

Attitudes Towards Animals Collection

Enforced and maintained by a legal superstructure that regulated every aspect of a black [slave's] social, political, economic, and religious life, his property status continued until the middle of the nineteenth century when Congress passed the 13th, 14th, and 15th Amendments to the Constitution, which overturned the Dred Scott decision and recognized that a black human being had legally protectible rights.

There are some signs in recent legal decisions that a similar evolution in the status of animals is taking place: judges are beginning to draw distinctions between animals and property.

But can we ever expect that the courts will …