A Bird's‐Eye View of Animals in the Law

Abstract

The article develops an analytic account of nonhuman animals’ current legal status. Animals are often characterised as legal things and property, but this characterisation is both simplistic and, in some cases, incorrect. The article seeks to dispel a number of orthodoxies regarding the legal status of animals and offer a more nuanced and contextual account. The emphasis is on Western law, with a particular focus on European jurisdictions. The article approaches animal legal status in terms of two historical regimes: the Commodity Regime and the More‐than‐Commodity Regime. While treating animals as commodities has been the rule for millennia, the situation has recently become more multifaceted. For instance, the private law status of companion animals has shifted away from that of commodities. Furthermore, it is argued that some wild animals have stopped being legal things altogether as a result of EU wildlife law. The multifarious arguments are then synthesised in order to produce a bird's‐eye view of animals in the law.