An Analysis of the Legal Classification of Animals: Toward a Step-wise Deconstruction of the Property Status of Animals

Abstract

The extent of animal exploitation in American society is staggering. Millions upon millions of animals are killed each year in the name of scientific research. The overwhelming amount of this research occurs for purposes that cannot be regarded as necessary in any meaningful way. From a legal standpoint these practices are justified by the notion that animals are property and thus lack legally enforceable rights to protect their interests from exploitation. This property classification originates from our common law, which in turn derives from ancient laws and philosophies whose foundations have long since been discredited by scientific and moral progress. Science has shown that animal physiology and psychology is so similar to that of humans that any difference in interest must be one of degree and not kind. Moral tenets dictate that competing interests should be analyzed according to the principle of equal consideration so that for instance, my interest in avoiding pain is equal to any other being’s interest in avoiding pain. By treating animals as property the law makes animal interests count for less than that of a person’s interest and thereby permits actions that do not require the equal consideration to animal interests. In this manner the property status of animals has perpetuated the unnecessary exploitation of animals. If the law is to be regarded as capable of resolving current disputes it must rest upon knowledge that is both accurate and complete. This article urges the common law to more completely incorporate our modern scientific and moral understanding of animals into its development.