Affirmative Acts of Recognition: How Codifications of Animal Sentience are Ushering Animals into the Focus of U.S. Law

This article explores the historical evolution of U.S. animal protection laws, tracing their shift from anthropocentric origins focused on human morality and property preservation to modern frameworks that center animal interests. The article highlights Oregon as a pioneering jurisdiction for being the first to codify animal sentience, a move that has empowered courts to recognize animals as “victims” and prioritize their well-being over certain traditional property rights. However, the case of Justice v. Vercher illustrates the ongoing legal limitations of this progress in light of an appellate court’s ruling that animals lack the “capacity” to sue as legal persons. Ultimately, the article argues that while narrow definitions of sentience currently limit the legal status of animals, these legislative acts serve as a pragmatic inflection point for shifting animals from legal objects to subjects.

Published In: The Legal Recognition of Animal Sentience: Principles, Approaches and Applications

Publication Year: 2024

Keywords: personhood, sentience, animal status, subjectivity

Regions: Global / International United States of America