The Rule of Law for All Sentient Animals
Bibliographic Data
| ID | 21572174 |
|---|---|
| Authors | John Adenitire (0000-0002-2896-6849, corresponding author) |
| Year | 2022 |
| Volume | 35 |
| Issue | 1 |
| Pages | 1-30 |
| Publication date | 2022-02-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Journal of Law & Jurisprudence (JOURNAL) |
| Journal identifiers | ISSN: 0841-8209 • E-ISSN: 2056-4260 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/cjlj.2021.17 |
| OpenAlex | W4205546550 |
| Language | EN |
| Citations received | 3 |
This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Fuller, Waldron, and Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory
Epistemology · Law and economics · Political science · Politics · Rule of law · Sociology · Computer Science · Environmental Philosophy and Ethics · Law · Philosophy
| Citations per year | 1 |
|---|---|
| Citation span | 2023 - 2026 (4) |
| Highly cited | No |