Onko eläin esine? Eläimen oikeudellisesta asemasta
Avainsanat:
eläinoikeus, eläinsuojelu, oikeussubjekti, esine, irtain esineAbstrakti
Are animals property? On the legal status of animals
The article addresses the legal status of animals, and in particular the so-called property paradigm, i.e. the status of animals as property. According to the traditional line of thought, animals must be property in all regards or not property at all. The author argues that even though animals are property, this is not the whole truth. Even as chattels, the status of animals is exceptional, and not all legal regulation on animals can be understood in terms of their property status. The author distinguishes six legal points of view regarding animals. Some of them are anthropocentric and thus part of the property paradigm, whereas others are distinct from that paradigm. Finally, the author discusses what kinds of legal development would entail the wholesale abandonment of the property paradigm.
