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25 S. Ill. U. L. J. 571 (2000-2001)
Animals as Property - Changing Concepts

handle is hein.journals/siulj25 and id is 605 raw text is: ANIMALS AS PROPERTY-CHANGING CONCEPTS Harold W. Hannah* I. INTRODUCTION This article traces the evolution of animal laws and ponders the impact that modem legal theories will have upon our society in the future. Man's relationship with animals has always differed from his relationship with inanimate objects, even though some of the latter may be items of worship in religions of the world. But, animals react with man and thus condition his reaction to them. An important development in man's treatment of animals was his recognition that animals can suffer pain.' As man's concerns about the treatment of animals increased, animal anti- cruelty societies were formed. The activities of these societies and the growth of other humane treatment organizations spurred state legislatures to enact animal anti-cruelty and humane treatment laws.' The development of extensive and varied programs consisting of legislative, judicial and independent recognition of the rights of animals show that the property rights of animal owners are conditioned in ways that do not exist with respect to the ownership of inanimate personal property. These changes and differences should be recognized for the future understanding of animals as property. * Professor of Agricultural Law and Veterinary Medical Law, Emeritus, University of Illinois; Adjunct Professor of Law, Southern Illinois University. B.S. 1932, University of Illinois; J.D. 1935, University of Illinois. 1. Annual Report on the Colloquium on Recognition and Alleviation of Animal Pain and Distress, J. Am. Veterinary Med. Ass'n, Vol. 191 # 10 (Nov. I, 1987); Keene & Smith, The Assessment of Pain in Man and Animals, University Federation For Animal Welfare, International Symposium 1961. 2. See, e.g., COLO. REV. STAT.ANN. § 18-9-202 (West 2000); LA. RE. STAT. ANN. § 14:102.1 (West 1999); ALA. CODE § 13A-1 1-14 (2000); ALASKA STAT. § 11.61.140 (Michie 1999); KAN. STAT. ANN. § 21-4310 (1999).

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