Le statut de personne peut-il être octroyé aux animaux non humains?
In a context where the recognition of legal rights to certain nonhuman entities appears to be an increasingly plausible legal development, this master’s thesis proposes an exploration of the philosophical and legal literature in favor of granting legal personhood to animals. First, I will provide a brief historical overview of the notion of “person.” I will also note that, while it has been strongly associated with moral autonomy in the history of law and philosophy, this definition of personhood suffers from substantial inconsistencies in justifying the granting of legal personhood to non-autonomous human beings. It is the case, for instance, of children, comatose human beings, the mentally disabled, and the elderly. We will also see that granting legal rights to these individuals while refusing to recognize these same rights to nonhuman animals is based on fragile theoretical foundations that need to be rectified with a thorough analysis of the theories of animal rights proposed since the 1970s. These theories, specifically the ones put forward by Peter Singer, Tom Regan, and Gary Francione, will be examined to identify their respective strengths and weaknesses. Finally, the final chapter of this research will examine the decisive role that appeals to moral rights can play in granting legal rights to animals. It also outlines the various forms of legal personhood and political status that might be attributed to nonhuman animals.
Peter Singer Tom Regan Gary Francione Zoopolis person legal personhood animal ethics animal rights moral autonomy marginal cases