Four kinds of nonhuman animal legal personification

Authors

• David CHAUVET Institut de Droit Européen des Droits de l’Homme (EA 3976)

Abstract

Nonhuman animal legal personification is undoubtedly an international legal issue. However, it seems that the question of what it means to legally personify a nonhuman animal has not been presented clearly. This study, which is part of the French discussion on the issue, aims to clarify the legal concept of nonhuman animal legal personification by showing that there is not just one but four kinds of nonhuman animal legal personality. This descriptive approach is coupled with a normative one to understand which kind of nonhuman animal legal personification is to be favoured. Contrary to what one might think at first sight, all personification is not in favour of nonhuman animals and can even be counterproductive. Moreover, the choice of a suitable personification is not sufficient for achieving an optimal personification. I will present the criteria for a successful legal personification to help inform political, legislative or judicial action regarding the legal personification of nonhuman animals.