Beyond Sentience: Legally Recognizing Animals’ Sociability and Agency

Abstract

Abstract The recognition of animal sentience in law has created high expectations but has not yet lived up to them. In some jurisdictions, the recognition of animal sentience has formed the basis of new legal obligations imposed on humans to protect animal interests. So far, however, its potential has been limited because legal officials have interpreted sentience narrowly, as mainly referring to pain. This article proposes identifying other animal characteristics to better serve animal interests, namely sociability and agency. These animal characteristics could, like sentience, be legally recognized by legislatures and receive normative force from the courts. This article argues that the legal recognition of sociability and agency could address animal exploitation and killing. Animal sociability and agency are already implicitly recognized by the law of most Western states, making it easier for them to be explicitly recognized in the future. Although these characteristics are already found in the law, they have the potential to be more disruptive than sentience because they have never served as the basis for the legal protection of animals. In other words, their potential as protective tools remains underexplored and underexploited. Moreover, sociability and agency more intuitively suggest normative implications because of their demanding nature. Acknowledging that a being is social and agential implies recognizing her need for social relationships and ensuring that her choices are fulfilled. This research article provides antispeciesist scholars and activists with a critical overview of new concepts around which some may wish to rally, particularly since the legal recognition of sentience has shown limits in multiple jurisdictions. This article explores the potential of legally recognizing sociability and agency by taking examples from the lives of dogs, cows, cats, horses, northern gannets, and dolphins.