 First edition cover | |
| Authors |
|
|---|---|
| Language | English |
| Subject | Animal rights law |
| Genre | Law, philosophy |
| Publisher | Hart Publishing |
Publication date | 23 February 2023 |
| Publication place | United Kingdom |
| Media type | Hardcover, paperback, ebook |
| Pages | 240 |
| ISBN | 978-1-5099-5646-3 |
| OCLC | 1334883136 |
Animal Rights Law is a 2023 textbook by Raffael N. Fasel and Sean C. Butler, published byHart Publishing. It surveys the development ofanimal rights law and related legal and philosophical debates. The book compares how different legal systems classify and protect non-human animals, addresses theories ofanimal rights andpersonhood, and discusses litigation and legislative efforts concerning their legal status. Drawing on material from more than 30 jurisdictions, it includes case studies, theoretical discussions, and examples from both civil and common law traditions. Academic reviews describe it as a concise overview of the subject and a useful introductory text in the study of animal law.
The book outlines the current legal status of animals, noting that most legal systems treat them as property, though some recognise them assentient beings. It reviews different categories of protection, such as anti-cruelty and welfare laws, and considers constitutional and statutory reforms in several countries.
A section contrasts three main positions:animal welfare theory, which permits animal use under humane conditions; abolitionism, which calls for an end to all exploitation; and "new welfarism", which aims at gradual reform toward stronger protections. The authors link these debates to philosophical frameworks includingPeter Singer'sutilitarianism,Tom Regan's rights theory,Martha Nussbaum'scapabilities approach, and the political theory developed bySue Donaldson andWill Kymlicka.
The authors also compare competing theories of legal rights: the choice (or will) theory, which ties rights to autonomy, and the interest theory, which extends them to beings with significant welfare interests. They discuss whether animals could qualify aslegal persons and how property status limits protection.
Case studies includehabeas corpus petitions on behalf of individual animals, such as the orangutanSandra in Argentina and the elephantHappy in New York. Legislative efforts to codify animal rights at national or international levels are examined, along with obstacles to enforcement and the influence of economic and political factors.
The final chapter compares animal rights advocacy with other reform movements and its relationship to human rights discourse.
In theEnvironmental Law Review, Angus Nurse described the book as a clear and balanced overview that combines accessibility with academic rigour. He praised its comparative scope and its treatment of "thick" and "thin" conceptions of rights, though he suggested further engagement with the relationship between animal and human rights.[1]
Katy Sowery inThe Modern Law Review commended its clarity and coverage of key debates, while noting that it focuses more on breadth than critical depth. She found it a useful resource for students entering the field.[2]
Bianka M. A. Atlas, writing in theJournal of International Wildlife Law & Policy, described it as a comprehensive and accessible overview of the field. She noted its interdisciplinary approach and global coverage but suggested readers supplement it with additional sources for advanced study.[3]
Andrew Rowan reviewed the book for WellBeing International, calling it an informative and well-organised introduction that effectively bridges legal analysis and ethical discussion.[4]
The book was published on 23 February 2023 byHart Publishing, an imprint ofBloomsbury Publishing, in hardcover, paperback, and ebook formats.[5]
