Equitable Self-Ownership for Animals PUBLICATION DATE: 2000 ... . ' />

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EQUITABLE SELF-OWNERSHIP FOR ANIMALS

2010.01.31

AUTHOR: David Favre
TITLE: Equitable Self-Ownership for Animals

PUBLICATION DATE: 2000
PUBLICATION PLACE: Duke Law Journal, vol. 50 p.473-502

Reproduced with express authorization of the author in: dA web Center, February 2010
ABSTRACT

Professor Favre proposes a new use of existing property law concepts to change the legal status of animals which are currently categorised as personal property thus negating their status in the legal system to protect their interests. He argues that it is both possible and desirable to divide living property into its legal and equitable components. The equitable title may then be transferred from the owner to the animal itself which would create a new, limited form of self ownership in an animal. There would be two main impacts. Firstly, the animal would gain access to the legal system and secondly the human title holder (owner) would have legal obligations to the animal in question. The article concludes with a discussion of the concepts of human guardianship and anti-cruelty law as a means of providing a context for further development of this new concept of equitable self-ownership.



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