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The Justifyability and Current Status of Animal Legal Personhood

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2025-12-30
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Jakkel, B. (2025). The Justifyability and Current Status of Animal Legal Personhood. Pro Futuro, 15(2). https://doi.org/10.26521/profuturo/2025/2/16940
Abstract

This paper is structured around three central questions: (1) Can animals be legal persons? (2) How is legal personhood related to the recognition of rights? (3) How do these two questions relate to effective animal protection? The paper first outlines the positions of the main proponents of well-known theories of rights – namely, the will-based and interest-based theories – to examine more closely whether legal personhood for animals can be justified. Turning to the second question, while the recognition of legal personhood is traditionally considered a prerequisite for the recognition of rights, this text questions that assumption at one point. Various models of animal protection are then presented, each addressing the purpose of granting rights to animals. Although the paper does not avoid the difficulties that hinder the recognition of legal personhood and substantive rights, it concludes that the effectiveness of animal protection is closely linked to the recognition of legal personhood.