Intersectionality—An Alternative to Redrawing The Line in the Pursuit Of Animal Rights

Ethics and the Environment 26 (2):73-118 (2021)
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Abstract

Abstract:In recent years, the field of animal rights has increasingly focused on trying to change the legal status of animals from things to rights-bearing legal persons. This has most prominently been seen in the work of Steven Wise and the Nonhuman Rights Project (NhRP). The NhRP has initiated various habeas corpus proceedings on behalf of certain animals who it argues are entitled the status of legal persons and the fundamental right to bodily liberty. The NhRP appeals to existing principles of common law. It argues that its animal clients are 'practically autonomous,' which, it asserts, is sufficient for them to be entitled to the status of legal persons and to the fundamental right to bodily liberty. Herein, the author argues that whilst Wise and the NhRP have garnered a significant amount of mainstream attention in the animal rights field, less mainstream attention has been paid to understanding how our treatment of some groups of humans and all animals are connected, and how having a deeper understanding of this could assist in producing better strategies for legal change. In this article, the author considers the status quo treatment of animals by reference to the concept of dualistic thinking and explores how the status quo is underpinned by anthropocentrism. In light of these observations, the author critiques the work of Steven Wise and the NhRP by considering how this approach perpetuates the same anthropocentric ideals that underpin the status quo treatment of animals. The author ultimately advocates for an intersectional approach to seeking legal reform and discusses what legal change might look like if an intersectional approach is adopted.

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