Considering the scope of legal personality with special reference to the proposition of rights for non-human animals: the Al Shuwaikh Case and its implications for the development of South African Law
- Humpel, Daniel https://orcid.org/0009-0007-9961-6882
- Authors: Humpel, Daniel https://orcid.org/0009-0007-9961-6882
- Date: 2022-02
- Subjects: Animal welfare -- Law and legislation -- South Africa , Animal rights -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28402 , vital:74290
- Description: The treatment of sheep during export processes involving the Al Shuwaikh case has raised questions again about the scope and depth of non-human animal protections in South Africa and in particular the increasingly contested legal status of non-human animals under modern South African law. Currently non-human animals are classified as legal objects/things, and thus deprived of the benefits and protections afforded human animals, who are classified as legal subjects. Legal subjectivity is in turn the exclusive attribute of one who is considered a legal person i.e., a being or entity recognized under law as having legal personality. Fromthis basic distinction and concept in the law, all of the rights duties and capacities of humans and their collective legal vehicles arise. Equally, it is from their lack of legal personality under this legal classification, that non-human animals do not have/bear rights duties and capacities, and as a consequence are subject to the treatment that would otherwise be unacceptable if they were human animals. However, while this fundamental classification might seem to be an absolute in the legal system, the concept of legal personality is in fact a malleable construct, and has in fact changed and been changed through the ages in response to changing social mores of each age. Animal rights activists suggest therefore that one solution for addressing concerns regarding animal welfare would be to extend the scope of legal personality to include non-human animals. While prima face theoretically legally possible, this suggestion has been resisted on a variety of practical and intellectual grounds, thus creating a still contested area of social, and thus by natural extension, jurisprudential debate. Differing perceptions of the full nature and current capacity of the concept of legal personality lie at the heart of the debate/this contestation. Inspired by the Al Shuwaikh case, which serves as a new millennium factual basis/lens through which to beg the question of the exclusive attribution of personality to human but not non-human animals (or indeed other living or non-living entities), this thesis thus revisits the notion of legal personality, tracking its historical development and highlighting its de facto capacity for adaptation over time to respond changing social mores. Key changes and expansions of the construct are isolated, collected and compiled to provide a grounded overview of its larger potential for adaptation. Thereafter, and as a consequence of the aforementioned, the thesis then reflects on the current animal protection regime in South Africa, with due reference to glosses, where appropriate, gained to the perspectives gained from other jurisdictions about the potential for the extension of the concept of legal personality. , Thesis (LLM) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-02
- Authors: Humpel, Daniel https://orcid.org/0009-0007-9961-6882
- Date: 2022-02
- Subjects: Animal welfare -- Law and legislation -- South Africa , Animal rights -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28402 , vital:74290
- Description: The treatment of sheep during export processes involving the Al Shuwaikh case has raised questions again about the scope and depth of non-human animal protections in South Africa and in particular the increasingly contested legal status of non-human animals under modern South African law. Currently non-human animals are classified as legal objects/things, and thus deprived of the benefits and protections afforded human animals, who are classified as legal subjects. Legal subjectivity is in turn the exclusive attribute of one who is considered a legal person i.e., a being or entity recognized under law as having legal personality. Fromthis basic distinction and concept in the law, all of the rights duties and capacities of humans and their collective legal vehicles arise. Equally, it is from their lack of legal personality under this legal classification, that non-human animals do not have/bear rights duties and capacities, and as a consequence are subject to the treatment that would otherwise be unacceptable if they were human animals. However, while this fundamental classification might seem to be an absolute in the legal system, the concept of legal personality is in fact a malleable construct, and has in fact changed and been changed through the ages in response to changing social mores of each age. Animal rights activists suggest therefore that one solution for addressing concerns regarding animal welfare would be to extend the scope of legal personality to include non-human animals. While prima face theoretically legally possible, this suggestion has been resisted on a variety of practical and intellectual grounds, thus creating a still contested area of social, and thus by natural extension, jurisprudential debate. Differing perceptions of the full nature and current capacity of the concept of legal personality lie at the heart of the debate/this contestation. Inspired by the Al Shuwaikh case, which serves as a new millennium factual basis/lens through which to beg the question of the exclusive attribution of personality to human but not non-human animals (or indeed other living or non-living entities), this thesis thus revisits the notion of legal personality, tracking its historical development and highlighting its de facto capacity for adaptation over time to respond changing social mores. Key changes and expansions of the construct are isolated, collected and compiled to provide a grounded overview of its larger potential for adaptation. Thereafter, and as a consequence of the aforementioned, the thesis then reflects on the current animal protection regime in South Africa, with due reference to glosses, where appropriate, gained to the perspectives gained from other jurisdictions about the potential for the extension of the concept of legal personality. , Thesis (LLM) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-02
Undertaking to care and to protect : The experience of killing healthy homeless animals in South Africa
- Authors: Van Zyl, Henriette Louise
- Date: 2014
- Subjects: Animal welfare -- Moral and ethical aspects -- South Africa , Euthanasia of animals -- South Africa , Euthanasia of animals -- Psychological aspects , Human-animal relationships -- South Africa , Animal rights -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3245 , http://hdl.handle.net/10962/d1013577
- Description: Although animal welfare workers overwhelmingly describe themselves as animal lovers the exigencies of day to day animal welfare work often require that they perform euthanasia of healthy animals as part of welfare shelter management, and animal population control. In this research study, the particular burdens placed upon seven South Animal welfare workers who are required to rescue, care for, nurture and rehabilitate the animals in their care; while simultaneously being required to kill these same – often physically and behaviourally healthy - animals after a specific period of time, or in response to various logistical, procedural and practical intricacies, ranging from lack of space and resources to an unavailability of suitable homes; are explored from an interpretative phenomenological approach using the Interpretative Phenomenological Method (IPA), and from a South African perspective. It was found that animal-loving individuals engaged in the care and subsequent euthanasia of healthy animals report experiencing profound personal, interpersonal and professional and ideological (dis)stress related to guilt, sorrow, moral unease and horror. Four themes emerged from interview data, which are discussed in relation to relevant research and literature. Experiences in a South African context were found to be very much aligned with those reported in previous research and literature pertaining to this topic. In particular, it was found that there is a need to articulate specifically, and precisely the nature of the act. It is proposed that the term “Agapéthanasia” would be appropriate and useful in this field.
- Full Text:
- Date Issued: 2014
- Authors: Van Zyl, Henriette Louise
- Date: 2014
- Subjects: Animal welfare -- Moral and ethical aspects -- South Africa , Euthanasia of animals -- South Africa , Euthanasia of animals -- Psychological aspects , Human-animal relationships -- South Africa , Animal rights -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3245 , http://hdl.handle.net/10962/d1013577
- Description: Although animal welfare workers overwhelmingly describe themselves as animal lovers the exigencies of day to day animal welfare work often require that they perform euthanasia of healthy animals as part of welfare shelter management, and animal population control. In this research study, the particular burdens placed upon seven South Animal welfare workers who are required to rescue, care for, nurture and rehabilitate the animals in their care; while simultaneously being required to kill these same – often physically and behaviourally healthy - animals after a specific period of time, or in response to various logistical, procedural and practical intricacies, ranging from lack of space and resources to an unavailability of suitable homes; are explored from an interpretative phenomenological approach using the Interpretative Phenomenological Method (IPA), and from a South African perspective. It was found that animal-loving individuals engaged in the care and subsequent euthanasia of healthy animals report experiencing profound personal, interpersonal and professional and ideological (dis)stress related to guilt, sorrow, moral unease and horror. Four themes emerged from interview data, which are discussed in relation to relevant research and literature. Experiences in a South African context were found to be very much aligned with those reported in previous research and literature pertaining to this topic. In particular, it was found that there is a need to articulate specifically, and precisely the nature of the act. It is proposed that the term “Agapéthanasia” would be appropriate and useful in this field.
- Full Text:
- Date Issued: 2014
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