Rethinking legal personhood for non human animals: Moving beyond rights based approaches [abstract]

Abstract

The idea of granting legal personality to animals is complex, with benefits and challenges to consider. While it can provide some legal protection, there are issues of eligibility and enforcement to overcome. Furthermore, treating animals as legal persons overlooks their inherent differences from humans and each other. Thus, exploring a fresh approach to consider their legal status is necessary. We propose a non-dualistic perspective recognising other animals' intrinsic value and moral weight. We call for respect and recognition for their interests, regardless of whether they serve any human purpose. Our argument is based on humans' ethical responsibilities towards all living beings. The law must protect their interests, even if the interest holder has no rights. We advocate a responsibility-based approach, recognizing the limitations of legal mechanisms and the need for educational and public awareness. This approach acknowledges the complexity of the relationship between humans and other animals, calling for a more inclusive and compassionate understanding of other animals and all living being.