Visa Kurki (University of Helsinki, Faculty of Law) & Paulina Siemieniec (Queen’s University) have posted Towards An Agency Turn in Animal Law on SSRN. Here is the abstract:
The article proposes an agency turn in animal law, following in the footsteps of the political agency turn in animal ethics. The law currently operates on the assumption that animals are passive non-agents, which is reflected in the nature of their legal representation as voiceless and incompetent. We challenge this assumption by identifying three alternative standards for legally representing animals and their interests in the decision-making processes that affect them. According to the: (i) Interest Representation Standard, the best interests of animals are considered; (ii) Listening Standard, animals have a voice, and their input is solicited; and (iii) Empowerment Standard, animals are enabled to make decisions with legal effect. Each standard involves a varying degree of human and animal involvement in legal decision making. It is argued that scholars should reassess the assumption that animals are passive, and seriously consider the extent to which animal law could move towards an agency-affirming paradigm.