Human Subjects and Animal Objects: Animals as 'Other' in Law

Abstract

This Article addresses a fundamental distinction in law between “us” and “them” – between human beings as law‘s subjects and animals as law‘s objects. The objective is to explore to what degree the legal classification of animals as property consigns animals to the status of “other” in law, as well as the validity of this classification process. It has been argued that the paucity of legal protection accorded to animals is a result of their classification as property rather than as legal persons. But human beings do not treat animals harshly because they are classified as property; animals are classified as property so that human beings can legally treat them harshly. Law offers these sentient creatures little protection from the force of human desires.

Keywords: animal law, animal welfare, animal rights, property