Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.

"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation? Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings. Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.

Discusses extending property rights to animals in order to preserve habitats and satisfy animal needs. -- Back cover.

This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.

The Oxford Handbook of Animal Studies tackles the infamous "animal question" how can humans rethink and reconfigure their relationships with other animals? Over the course of five sections and thirty chapters, the contributors investigate issues and concepts central to understanding our current relationship with other animals and the potential for coexistence in an ecological community of living beings.

In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.

Previous edition, 1st, published in 2008.

A prominent and respected philosopher of animal rights law and ethical theory, Gary L. Francione is known for his criticism of animal welfare laws and regulations, his abolitionist theory of animal rights, and his promotion of veganism and nonviolence as the baseline principles of the abolitionist movement. In this collection, Francione advances the most radical theory of animal rights to date. Unlike Peter Singer, Francione maintains that we cannot morally justify using animals under any circumstances, and unlike Tom Regan, Francione's theory applies to all sentient beings, not only to those who have more sophisticated cognitive abilities.

Publisher Description

Gary L. Francione is a law professor and leading philosopher of animal rights theory. Robert Garner is a political theorist specializing in the philosophy and politics of animal protection. Francione maintains that we have no moral justification for using nonhumans and argues that because animals are property or economic commodities laws or industry practices requiring "humane" treatment will, as a general matter, fail to provide any meaningful level of protection. Garner favors a version of animal rights that focuses on eliminating animal suffering and adopts a protectionist approach, maintaining that although the traditional animal-welfare ethic is philosophically flawed, it can contribute strategically to the achievement of animal-rights ends. As they spar, Francione and Garner deconstruct the animal protection movement in the United States, the United Kingdom, Europe, and elsewhere, discussing the practices of such organizations as PETA, which joins with McDonald's and other animal users to "improve" the slaughter of animals. They also examine American and European laws and campaigns from both the rights and welfare perspectives, identifying weaknesses and strengths that give shape to future legislation and action.