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
Download: Download
Number of downloads: 19
This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.