Animals in the law: questioning the property / other-than-property duality

Abstract

This article explores the tension between the legal status of animals as property and their growing recognition as sentient beings. It traces the evolution of legal and ethical thinking on animal issues, distinguishing between two waves of thought: the first, based on individual rights and liberal rationality, and the second, more inclusive and critical, incorporating feminist, ecologist and post-colonial approaches.

The article proposes several avenues for reform, ranging from the recognition of animal legal personality to the creation of specific legal categories, but highlights the limits of these overly theoretical approaches. In practice, progress is best achieved through concrete legislative reforms (such as the French laws of 2021 or the Italian constitutional reform of 2022) and strategic litigation, aimed at enforcing or interpreting existing laws in favor of animals. In short, the article argues for a more pragmatic and coherent approach to animal protection, while calling for a move beyond traditional binary legal frameworks.