Kişi ve Eşya Ayrımı Bağlamında Hayvanların Hukuki Statüsü

Abstract

Our need for using and controlling animals has traditionally led to the classification of animals as things, namely as objects, and not subjects of rights. Nevertheless, consequently to the development of scientific data as to animal sentience, our relationship with animals has evolved in parallel to our awareness regarding their peculiarities as living beings, and legal norms have begun to reflect this evolution. Rules that target protection of animals for the sake of their own interests and expose them to a different regime than other things have gradually expanded and animals have been dragged to a sui generis legal status. Comprehension of the legal effect of such rules and determination of the direction in which the animal law should proceed requires re-evaluation of the legal status of animals with regards to the distinction between persons and things, one of the summa divisio of our private law system. Exposure of the legal landscape regarding animals in modern law systems and quest of the most appropriate solution will lead to the interrogation upon the traditional relationship between the concepts of subject and object of rights, which may have importance also with respect to other living beings, embryos, corpses or artificial intelligence.

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