Search Results for: animal rights

From Legal Protection Towards Animal Rights: Between Moral and Legal Consciousness. Evolution of Approach on the Example of Administrative Case Law

Dr hab. Anna Kalisz, mgr Dorota Pawlicka

Maria Curie-Skłodowska University in Lublin, Supreme Administrative Court

English abstract: The aim of the article is to analyse the possibility and necessity of empowering animals as ‘non-personal’ legal subjects under Polish law, indicating the relevant case law (of ordinary and, mainly, administrative courts). The research assumption is the statement that, although administrative case law contains elements of a fairly progressive approach that results in an interpretation of the applicable provisions on the protection and (rudimentarily regulated) animal rights, the existing provisions are far from sufficient and leave quite a lot of room for a very flexible interpretation. That may lead not solely to an animal-friendly interpretation, but also to abuses against them. Therefore, postulated amendments concerning constitutional protection of animal rights deserve attention, as they would be important for the systemic interpretation of law. The research subject is both philosophical and legal literature, as well as case law. The main method is the logico-linguistic analysis (with some elements of historical and comparative approach) of texts on philosophy, including legal philosophy and ethics, as well as the analysis of case law. The research findings have a mixed, descriptive-and-normative character, while the above combination of ethics, legal theory, and legal practice both manifests the evolution of the approach to the titular matter and makes an original contribution to jurisprudence as a scientific discipline.

Keywords: social consciousness, sentient animals, legal protection of animals, animal rights, constitutional protection, administrative case law

Language: Polish

Published: Number 2(31)/2022, pp. 38-53.

DOI: https://doi.org/10.36280/AFPiFS.2022.2.38

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Number of downloads: 453

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

David DeGrazia on Animal Rights: A Critical Analysis

Dr Michał Pełka

University of Warsaw

English abstract: The article aims to critically discuss the theory of animal rights developed by American social philosopher David DeGrazia. It consists of two parts. The first one describes the main elements of DeGrazia’s approach, namely his views on animal minds, the principle of equal consideration, the idea of unequal moral status, the concept of border persons, and practical remarks concerning improving the treatment of animals by humans. The second part presents remarks about the points where DeGrazia’s proposals should be supplemented and corrected so as to make them more convincing and widely accepted. The conclusion of the essay is the proposal of a cultural revolution for the benefit of animals, which should be initiated by famous people, like actresses, actors, sportswomen and sportsmen, because of their influential position in contemporary societies.

Keywords: border persons, animal rights, cultural revolution, moral status, equal consideration principle, David DeGrazia

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 52-65.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.52ENG

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Number of downloads: 523

Animal welfare under socialism: Anthropocentrism, instrumentalization, and ideology in the GDR

Dr hab. Martyna Łaszewska-Hellriegel, prof. UZ

University of Zielona Góra

Pomeranian University of Słupsk

English abstract: This article investigates the German Democratic Republic’s (GDR) approach to animal welfare through the lens of Marxist ideology, focusing on the tension between utilitarian principles and anthropocentric values. It aims to analyze how the GDR’s socialist framework, which prioritized collective welfare and economic productivity, influenced its policies toward animals, often reducing them to mere instruments for human benefit. The study assumes that the GDR’s Marxist ideology shaped its policies and practices, including those related to animal welfare. It employs a methodological approach that comprises an analysis of official state policies, propaganda materials, and dissenting voices from that period. By examining these sources, the article seeks to uncover the ideological underpinnings and practical outcomes of the GDR’s approach to animal welfare. The research reveals that the GDR’s animal welfare policies were deeply rooted in anthropocentrism and utilitarianism, prioritizing industrial efficiency and agricultural output over ethical considerations. Despite its socialist rhetoric, the GDR often treated animals as economic resources, highlighting a contradiction between its professed commitment to socialist humanism and its actual treatment of non-human beings. The study also identifies broader ideological conflicts inherent in applying Marxist principles to animal welfare, particularly the difficulty in reconciling economic priorities with ethical concerns. This article contributes to the growing field of interspecies ethics by providing a unique examination of animal welfare within a state socialist system. It offers new insights into the complexities of applying Marxist ideology to non-human entities, shedding light on the tensions between utilitarian practices and ethical imperatives. By analysing the GDR’s approach, the study not only enriches historical understanding but also provides a framework for contemporary discussions on sustainable agriculture, animal rights, and the ethical dimensions of human-animal relationships.

Keywords: GDR (German Democratic Republic), animal welfare, Marxist ideology, anthropocentrism, utilitarianism, animal rights

Language: English

Published: Number 3(44)/2025, pp. 20-37.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.20

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Number of downloads: 163

This text is licensed under a Creative Commons Attribution 4.0 International License.

Against Dignity: An Argument for a Non-Metaphysical Foundation of Animal Law

Prof. dr hab. Tomasz Pietrzykowski

University of Silesia in Katowice

English abstract: Animal protection as an emerging field of legislation needs to be constitutionalized as well as comprehensively expounded by legal scholars. As it is a growing body of regulation and accompanying legal theories, it needs to develop a solid conceptual and axiological framework, in particular a set of basic values and principles on which detailed rules are to be founded. Lacking these, the domain of animal law is still in the pre-paradigm stage and remains an assemblage of dispersed ideas, concepts and regulatory measures. It yet has to develop into a coherent whole that may grow to be a mature regulatory and doctrinal domain of the law. In order to reach this stage, it should be founded on clear theoretical and constitutional grounds. Lacking those, its further development, and effective operation may be seriously impeded. There seem to be two basic approaches that may serve as the possible foundations for a viable model of animal protection law. The first may be referred to as the “dignity” approach and the other, as the “sentientist” approach. According to the first of those two approaches, animal protection law should rely on the concept of animal dignity as its philosophical foundation. The second approach rejects the idea that the concept of animal dignity as the basis for the relevant legislation as philosophically dubious and entailing objectionable normative consequences for the scope and content of legal protections of animals. Thus, it aims rather at legal norms and policies being based directly on scientifically informed theories of sentience, evolutionarily developed nervous structures underlying cognitive and emotional capabilities or species-typical biological and psychological needs that condition the subjective well-being of a given creature. The aim of this paper is to analyse and discuss both these approaches and to argue that the former is philosophically, conceptually and practically flawed. The second approach, even despite some serious disadvantages, is therefore deemed to be preferable and more promising.

Keywords: animals, dignity, rights, law, constitution, ethics

Language: English

Published: Number 2(27)/2021, pp. 69-82.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.69

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Number of downloads: 552

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Kant, Korsgaard and the Moral Status of Animals

Prof. dr hab. Tomasz Pietrzykowski

University of Silesia

English abstract: The paper discusses the views of Christine Korsgaard – one of leading modern Kantian moral philosophers – on the proper status of sentient animals. Famously, Kantian moral theory is considered as much less favorable to the idea of animal rights than the competing utilitarian tradition. Ch. Korsgaard however reexamines the foundations of Kantian ethics and comes to the conclusion that their best reading implies (contrary to Kant’s own beliefs) that not only humans but also sentient animals deserve to be treated as ends in themselves. Her interpretation and development of Kantian ethics aims to reconcile it with modern philosophical naturalism and contemporary scientific knowledge on the nature of living creatures. Ch. Korsgaard proposes convincing comprehensive picture of naturalistic axiology and its ethical implications. Nonetheless, I raise two important objections that her views seem to give rise to – concerning the nature of human and non-human subjective selves as well as relation between moral and legal rights. The paper is based mainly on the opinions presented by Ch. Korsgaard during the 3-days seminar held in Oxford (2014) devoted to discussion of her views on the status and rights of animals from the perspective of Kantian ethics as well as on her numerous writings related to the subject.

Keywords: Christine Korsgaard, Immanual Kant, Kantianism, animal rights

Language: Polish

Published: Number 2(11)/2015, p. 106-119.

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Number of downloads: 595

Issue 2(31)/2022 „Archiwum…”: „The Formation of Constitutional Awareness in Legal and Public Discourse” is available

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR entitled „The Formation of Constitutional Awareness in Legal and Public Discourse”. The issue was edited by Dr Skirgailė ŽALIMIENĖ and prof. UŁ dr hab. Bartosz WOJCIECHOWSKI, and includes the following papers:

Dr Vygantė MILAŠIŪTĖ: Interpretation of the Right to an Effective Remedy in Freedom of Expression Cases in the Light of the Rule of Law Principle
Dr Anna CHMIELARZ‑GROCHAL: On the Possibility of Administrative Courts Shaping Constitutional Consciousness
Dr hab. Anna KALISZ, mgr Dorota PAWLICKA: From Legal Protection Towards Animal Rights: Between Moral and Legal Consciousness. Evolution of Approach on the Example of Administrative Case Law
Prof. UMK dr hab. Milena KORYCKA‑ZIRK: Types of Judicial Review Tests and the Principle of Proportionality
Prof. AEH dr hab. Małgorzata NIEWIADOMSKA-CUDAK: The Impact of Constitutional Regulations of the Republic of Poland and the Republic of Lithuania on the Participation of Women in the Public Sphere
Dr Jarosław SUŁKOWSKI: The Impact of Extraordinary Appeal on an Individual’s Constitutional Awareness. Considerations Against the Background of Extraordinary Appeal Proceedings in Criminal Cases
Prof. UŁ dr hab. Bartosz WOJCIECHOWSKI: The Choice of a Way of Life and the Consciousness of a Fundamental Rights

The issue is available HERE.

Number 2(31)/2022 [PL/ENG]

Dr Skirgailė ŽALIMIENĖ, prof. UŁ dr hab. Bartosz WOJCIECHOWSKI
The Formation of Constitutional Awareness in Legal and Public Discourse. Introduction

Articles:

Dr Vygantė MILAŠIŪTĖ
Interpretation of the Right to an Effective Remedy in Freedom of Expression Cases in the Light of the Rule of Law Principle

Dr Anna CHMIELARZ‑GROCHAL
On the Possibility of Administrative Courts Shaping Constitutional Consciousness

Dr hab. Anna KALISZ, mgr Dorota PAWLICKA
From Legal Protection Towards Animal Rights: Between Moral and Legal Consciousness. Evolution of Approach on the Example of Administrative Case Law

Prof. UMK dr hab. Milena KORYCKA‑ZIRK
Types of Judicial Review Tests and the Principle of Proportionality

Prof. AEH dr hab. Małgorzata NIEWIADOMSKA-CUDAK
The Impact of Constitutional Regulations of the Republic of Poland and the Republic of Lithuania on the Participation of Women in the Public Sphere

Dr Jarosław SUŁKOWSKI
The Impact of Extraordinary Appeal on an Individual’s Constitutional Awareness. Considerations Against the Background of Extraordinary Appeal Proceedings in Criminal Cases

Prof. UŁ dr hab. Bartosz WOJCIECHOWSKI
The Choice of a Way of Life and the Consciousness of a Fundamental Rights

„Archiwum Filozofii Prawa i Filozofii Społecznej” issue No. 1/2020 is now available

We would like to invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the journal of the Polish Section of IVR, published in Polish, fully in open access.

The issue includes following papers:

dr Wojciech Ciszewski „Worldview Controversies in a Workplace: Comments from the Theory of Law Perspective on the Cracow IKEA Employee Case”,
dr Karolina Gmerek „Identification of Procedural Acts Performed at the Trial: Considerations in the Context of the Actual Utterances of Non-professional Participants of Court Proceedings”,
mgr Kamil Jesiołowski „Lord Patrick Devlin’s Concept of Public Morality in the Light of Case Law of the European Court of Human Rights”,
dr Michał Pełka „David DeGrazia on Animal Rights: A Critical Analysis”,
dr Paweł Skuczyński „Narrativity of Legal Language in Law-Making Processes”,
mgr Michał Sopiński „Legal Reasoning as Practical Reasoning in John M. Finnis’ New Natural Law Theory”,
mgr Marek Suska „Should a Court Be Understanding for the Legislator? On Legislative Error from the Perspective of the Theory of Legal Interpretation”,
dr hab. Adam Zienkiewicz „Collaborative Law: Legal Practice Based on Cooperation”.

The issue also features a review of K. Dobrzeniecki book „Law on Emergency Situations. Between Legalism and Necessity” written by dr hab. Arkadiusz Barut, and two reports – „Law and Literature” conference report (31.05.2019) by mgr Wojciech Jankowski and report from IVR Best Philosophy of Law Book Prize 2017-2018 ceremony (10.07.2019) by dr Mateusz Pękala.

The issue can be read here.

Number 1(22)/2020 [PL]

Artykuły:

Dr Wojciech CISZEWSKI
Worldview Controversies in a Workplace: Comments from the Theory of Law Perspective on the Cracow IKEA Employee Case

Dr Karolina GMEREK
Identification of Procedural Acts Performed at the Trial: Considerations in the Context of the Actual Utterances of Non-professional Participants of Court Proceedings

Mgr Kamil JESIOŁOWSKI
Lord Patrick Devlin’s Concept of Public Morality in the Light of Case Law of the European Court of Human Rights

Dr Michał PEŁKA
David DeGrazia on Animal Rights: A Critical Analysis

Dr Paweł SKUCZYŃSKI
Narrativity of Legal Language in Law-Making Processes

Mgr Michał SOPIŃSKI
Legal Reasoning as Practical Reasoning in John M. Finnis’ New Natural Law Theory

Mgr Marek SUSKA
Should a Court Be Understanding for the Legislator? On Legislative Error from the Perspective of the Theory of Legal Interpretation

Dr hab. Adam ZIENKIEWICZ
Collaborative Law: Legal Practice Based on Cooperation

Recenzje i polemiki:

Dr hab. Arkadiusz BARUT
Karol Dobrzeniecki, „Law on Emergency Situations. Between Legalism and Necessity”. A Review

Sprawozdania:

Mgr Wojciech JANKOWSKI
Conference Report „Law and Literature”, Gdańsk, 31 May 2019

Dr Mateusz PĘKALA
IVR Best Philosophy of Law Book Prize 2017-2018, Lucerne, 10 July 2019.

English issue 2(27)/2021 of the Journal of the Polish Section of IVR is available

We invite you to read the latest English issue of “Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR. The issue includes the following papers:

Dr Martin Hapla: The Problem of Recognition of Human Rights: Does Explicative Existential Justification Really Work?
Dr Maciej Juzaszek: Philosophical Analysis of Two Types of Legal Responsibility
Dr Dawid Kostecki: Ethics of a Public Administration Official in Poland: Prospects for the Development of Professional Deontology
Doc. dr Pavel Ondřejek: Threshold of Justification of Emergency Regulations: On Coherentism Requirement for the Justification of Measures Adopted in the Czech Republic during the COVID-19 Pandemic
Dr Łukasz Perlikowski: A Theory of Argumentation: The Case of Ethical, Political, and Utopian Thinking
Prof. dr hab. Tomasz Pietrzykowski: Against Dignity: An Argument for a Non-Metaphysical Foundation of Animal Law
Prof. dr Torben Spaak: Legal Realism and Functional Kinds: Michael Moore’s Metaphysically Reductionist Naturalism
Prof. dr Giovanni Tuzet: Norms and Novelty: Reflections on Legal Knowledge, Norms and Evolutionary Systems

The issue also includes the text In Memoriam of prof. dr hab. Ryszard Sarkowicz by prof. dr hab. Tomasz Gizbert-Studnicki.

The issue is available HERE.