Owning Sentient Beings: The Potential of Sentience Recognition in Continental Law
Year: 2024
Type: book-chapter
Abstract: This chapter argues that the legal recognition of animal sentience in Civil Codes is part of a broader trend of de-objectification of animals in continental Europe. It will show how the Civil Code recognition that animals are not things has the potential to further influence the way in which animals are addressed in private law, limiting the powers of animal owners. I suggest that this process affects the understanding of ownership of animals as including an inherent responsibility that arises from the nature of animals as sentient beings. Some illustrative cases will be highlighted in which courts have infused the Civil Code provisions with normative force. The chapter concludes that the recognition of animal sentience in Civil Codes has the potential to contribute to the transition from the traditional perception of ownership as a dominion towards a form of guardianship that is conditional upon the duty of care of the owner.
Source: Hart Publishing eBooks
Author: Eva Bernet Kempers
Language: English
Topic: Animal Law and Welfare
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4395095263