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Animaux et droit : de la diversité des protections à la recherche d'un statut

Abstract : Animals are animated beings with whom men built very former relations which strongly evolved during time: hunted or protected wild animal, pet, animal object of scientific experiments or closed in intensive animal production, cherished pet... In law, animal brings to two major problems: one is the progressive and cumulative diversification of anthropocentric animals protections and the other, more recent, is the research of systemic animals protections. In these two problems, the animal can not be considered as a unique entity: animal reign is really not a single unit. The diversity that identifies it came to a plurality of animals' legal protections and makes necessary a precise analyze of the legal condition of animals – in plural – and not of the animal as a single being. Initially oriented towards man protection, these anthropocentric protections aimed to protect the animal-thing, object of property, the pet, object of human sensibility and the wild animal, object of regulating regimes. These various protections, pursuing varied ends and aiming at different animals, organized in the French Legal Order, then also in the European Union, the Council of Europe and the International Legal Order, have been accumulated and added up. Gradually, other protective measures overlapped in the more former norms. These recent measures of legal protection aimed at animals for themselves and to ensure that animals' welfare is respected. Today, they tend to the call-in question of the initial and residual reification of animals. After long centuries being closed in the legal category of things, furniture or buildings, would it not be relevant to confer them right now a status sui generis corresponding in their specific characteristics?
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Submitted on : Tuesday, April 24, 2018 - 4:07:00 PM
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  • HAL Id : tel-01776836, version 1



Jordane Segura. Animaux et droit : de la diversité des protections à la recherche d'un statut. Droit. Université Nancy 2, 2006. Français. ⟨NNT : 2006NAN20007⟩. ⟨tel-01776836⟩



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