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84 U. Cin. L. Rev. 1023 (2016)
Animals as More than Mere Things, but Still Property: A Call for Continuing Evolution of the Animal Welfare Paradigm

handle is hein.journals/ucinlr84 and id is 1047 raw text is: ANIMALS AS MORE THAN MERE THINGS, BUT STIL PROPERTY: A CALL FOR CONTINUING EVOLUTION OF THE ANIMAL WELFARE PARADIGM Richard L. Cupp, Jr.* Abstract Survival of the animal welfare paradigm (as contrasted with a rights-based paradigm creating legal standing for at least some animals) depends on keeping pace with appropriate societal evolution favoring stronger protections for animals. Although evolution of animal welfare protection will take many forms, this Article specifically addresses models for evolving conceptualizations of animals' property status within the context of animal welfare. For example, in 2015 France amended its Civil Code to change its description of companion animals and some other animals from movable property to living beings gifted with sensitivity, while maintaining their status as property. This Article will evaluate various possible approaches courts and legislatures might adopt to highlight the distinctiveness of animals' property status as compared to inanimate property. Although risks are inherent, finding thoughtful ways to improve or elaborate on some of our courts' and legislatures' animals-as-property characterizations may encourage more appropriate protections where needed under the welfare paradigm, and may help blunt arguments that animals are mere things under the welfare paradigm. Animals capable of pain or distress are significantly different than ordinary personal property, and more vigorously emphasizing their * John W. Wade Professor of Law, Pepperdine University School of Law. Many of the themes in this article were presented as the University of Cincinnati Victor Schwartz Chair in Torts Lecture on Oct. 21, 2015. I thank the University of Cincinnati for inviting me to present this lecture and article, and thank the Pepperdine University School of Law for its support. I also thank Robert Anderson, David Favre, James Gesualdi, Phil Goldberg, Michael Helfand, Mark Scarberry, and Victor Schwartz for their helpful comments and suggestions related to the ideas presented in this Article, and Jodi Kruger, Natalie Lagunas, and Samantha Parrish for their outstanding research assistance. The input and assistance these individuals have graciously provided me do not necessarily reflect agreement with any or all of this Article's theses. 1023

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