More Equal Than Others: Humans and the Rights of Other Animals

This book offers a sustained analysis of the fundamental rights of humans and nonhuman animals. It pioneers a new approach that focuses on species membership rather than individual capacities to challenge an orthodox view in scholarship on the rights of animals. Unprecedented demands have recently arrived at the doorstep of courts and parliaments the world over: nonhuman animals should receive some of the rights that have so far been reserved to human beings. This development has raised fundamental questions about the nature of legal rights, and who should have them. More Equal Than Others: Humans and the Rights of Other Animals provides a sustained analysis of the fundamental rights of human and nonhuman animals to explore the issue of whether conferring fundamental legal rights to animals would undermine the equal status and rights of humans. Raffael N Fasel proposes an unorthodox but practical solution to this issue: the Species Membership Approach (SMA). According to the SMA, legal rights and similar entitlements should be granted to animals based on the species to which they belong, not their individual capacities. By pioneering an approach that focuses on species membership rather than individual capacities, the author demonstrates how fundamental legal rights can be extended to nonhuman animals without threatening the status and equal rights of humans. This book examines the antithetical nature of the human rights and animal rights conceptions that have so far dominated the debate and demonstrates how a middle ground can be reached between these opposing conceptions. Informed by the forgotten history of animal and human rights in the French Enlightenment, More Equal Than Others radically reimagines the spectrum of fundamental rights conceptions.