Discussions relative to the quality of subjects of law of the animals Cover Image
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Discuții relative la calitatea de subiecți de drept a animalelor
Discussions relative to the quality of subjects of law of the animals

Author(s): Anca Ileana Dușcă
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: Treaty of Amsterdam; domestic animal; prohibition of ill-treatment; right to a healthy environment; human dignity;

Summary/Abstract: Reflections on the moral and legal status of the animal, its cognitive abilities, its differences, essential or not, with humans, have nourished human thinking since ancient times; source of debate also today are a lot of questions: can we kill animals, we can eat them, we can use them in our activity, both in the field and in laboratories, do animals have rights, are they subjects of law? Ever since Roman law, the animal was considered from legal point of view, considering only the faculty of man’s appropriation as a subject of law; the main status of animal remains that of reification, their interests being most often ignored for the benefit of humans’ interests. This status embraced by doctrine, praised legally throughout the different civilizations and which has lasted until today, could be maintained by virtue of the „natural” power of human domination exercised over the rest of living beings also through the Cartesian animal–machine theory, which was translated into law by the animal–thing theory.

  • Issue Year: 2021
  • Issue No: 03
  • Page Range: 82-103
  • Page Count: 22
  • Language: Romanian
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