Animal Rights Law is a 2023 textbook by Raffael N. Fasel and Sean C. Butler, published by Hart Publishing. It surveys the development of animal rights law and related legal and philosophical debates. The book compares how different legal systems classify and protect non-human animals, addresses theories of animal rights and personhood, and discusses litigation and legislative efforts concerning their legal status. Drawing on material from more than 30 jurisdictions, it includes case studies, theoretical discussions, and examples from both civil and common law traditions. Academic reviews describe it as a concise overview of the subject and a useful introductory text in the study of animal law.
The book outlines the current legal status of animals, noting that most legal systems treat them as property, though some recognise them as sentient beings. It reviews different categories of protection, such as anti-cruelty and welfare laws, and considers constitutional and statutory reforms in several countries.
A section contrasts three main positions: animal welfare theory, which permits animal use under humane conditions; abolitionism, which calls for an end to all exploitation; and "new welfarism", which aims at gradual reform toward stronger protections. The authors link these debates to philosophical frameworks including Peter Singer's utilitarianism, Tom Regan's rights theory, Martha Nussbaum's capabilities approach, and the political theory developed by Sue Donaldson and Will Kymlicka.
The authors also compare competing theories of legal rights: the choice (or will) theory, which ties rights to autonomy, and the interest theory, which extends them to beings with significant welfare interests. They discuss whether animals could qualify as legal persons and how property status limits protection.
Case studies include habeas corpus petitions on behalf of individual animals, such as the orangutan Sandra in Argentina and the elephant Happy in New York. Legislative efforts to codify animal rights at national or international levels are examined, along with obstacles to enforcement and the influence of economic and political factors.
The final chapter compares animal rights advocacy with other reform movements and its relationship to human rights discourse.
Reception
In the Environmental Law Review, Angus Nurse described the book as a clear and balanced overview that combines accessibility with academic rigour. He praised its comparative scope and its treatment of "thick" and "thin" conceptions of rights, though he suggested further engagement with the relationship between animal and human rights.[1]
Katy Sowery in The Modern Law Review commended its clarity and coverage of key debates, while noting that it focuses more on breadth than critical depth. She found it a useful resource for students entering the field.[2]
Bianka M. A. Atlas, writing in the Journal of International Wildlife Law & Policy, described it as a comprehensive and accessible overview of the field. She noted its interdisciplinary approach and global coverage but suggested readers supplement it with additional sources for advanced study.[3]
Andrew Rowan reviewed the book for WellBeing International, calling it an informative and well-organised introduction that effectively bridges legal analysis and ethical discussion.[4]
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