The divide between idealism and practicality in animals' fundamental rights recognition
Contemporary theoretical discourse views animals as a vulnerable group, and also recognizes their capability of mental suffering. The question why this recognition has not been translated into a global and universally accepted accordance of fundamental rights to certain groups of animals is relevant...
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| Format: | Article |
| Language: | English |
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Union University, Faculty of Law, Belgrade
2022-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2022/2217-28152202446S.pdf |
| _version_ | 1797938507651481600 |
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| author | Susi Mari-Ann |
| author_facet | Susi Mari-Ann |
| author_sort | Susi Mari-Ann |
| collection | DOAJ |
| description | Contemporary theoretical discourse views animals as a vulnerable group, and also recognizes their capability of mental suffering. The question why this recognition has not been translated into a global and universally accepted accordance of fundamental rights to certain groups of animals is relevant for animal rights protection, while at the same time it illustrates the divide between the idealistic and normative dimensions of law. It appears that humans have known for thousands of years that at least some animals are capable of mental suffering and constitute a vulnerable group. Changes in animal rights protection have led to some changes in legislation, but these are not fundamental and do not concern the strive toward universal recognition that animals have fundamental rights. This means that there must be some other, decisive factors that are needed to move forward from the stage of vulnerability recognition to the normative development stage. |
| first_indexed | 2024-04-10T19:01:51Z |
| format | Article |
| id | doaj.art-004b7036258c4100b58425c3aa411c75 |
| institution | Directory Open Access Journal |
| issn | 2217-2815 2406-1387 |
| language | English |
| last_indexed | 2024-04-10T19:01:51Z |
| publishDate | 2022-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj.art-004b7036258c4100b58425c3aa411c752023-01-31T08:22:39ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872022-01-0113244647410.5937/pravzap0-406552217-28152202446SThe divide between idealism and practicality in animals' fundamental rights recognitionSusi Mari-Ann0Tallinn University, Tallinn, EstoniaContemporary theoretical discourse views animals as a vulnerable group, and also recognizes their capability of mental suffering. The question why this recognition has not been translated into a global and universally accepted accordance of fundamental rights to certain groups of animals is relevant for animal rights protection, while at the same time it illustrates the divide between the idealistic and normative dimensions of law. It appears that humans have known for thousands of years that at least some animals are capable of mental suffering and constitute a vulnerable group. Changes in animal rights protection have led to some changes in legislation, but these are not fundamental and do not concern the strive toward universal recognition that animals have fundamental rights. This means that there must be some other, decisive factors that are needed to move forward from the stage of vulnerability recognition to the normative development stage.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2022/2217-28152202446S.pdfanimal rightscapabilities approachvulnerability and equalitybasic normprogressive development approachanimals mental sufferingfundamental rightsis-ought problem |
| spellingShingle | Susi Mari-Ann The divide between idealism and practicality in animals' fundamental rights recognition Pravni Zapisi animal rights capabilities approach vulnerability and equality basic norm progressive development approach animals mental suffering fundamental rights is-ought problem |
| title | The divide between idealism and practicality in animals' fundamental rights recognition |
| title_full | The divide between idealism and practicality in animals' fundamental rights recognition |
| title_fullStr | The divide between idealism and practicality in animals' fundamental rights recognition |
| title_full_unstemmed | The divide between idealism and practicality in animals' fundamental rights recognition |
| title_short | The divide between idealism and practicality in animals' fundamental rights recognition |
| title_sort | divide between idealism and practicality in animals fundamental rights recognition |
| topic | animal rights capabilities approach vulnerability and equality basic norm progressive development approach animals mental suffering fundamental rights is-ought problem |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2022/2217-28152202446S.pdf |
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