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.


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