Abstract

PEZZETTA, Silvina. A legal theory for non-human animals. Contributions from an internal legal perspective. Rev. Bioética y Derecho [online]. 2018, n.44, pp.163-177. ISSN 1886-5887.

In animal ethics there is a phenomenon called extensionalism which is the extension of ethical theories to the non-human animal (NHA) case. In this paper I present an extension of a legal theory to NHA too. I will use the distinction between internal and external aspects of the law that Hart established. Then, I will follow some Nino legal concepts useful for this case. I will highlight the importance of the internal perspective for the NHA problem and, in the second section, will address some concepts from Nino theory of law. Finally, I will consider some critics to the language of rights that come from an anti-speciesist approach.

Keywords : legal theory; foundation; moral rights; speciesism; non-human animals.

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