Comparative Constitutional Process. Cases and Materials. Fundamental Rights in the Common Law Nations. By Thomas M. Franck, Professor of Law and Director of the Centre for International Studies, New York University. [London: Sweet & Maxwell. 1968. xliii (Tables of Cases and Legislation and Introduction), 588 and 6 (Index) pp. £3 17s. 6d.]

1969 ◽  
Vol 18 (2) ◽  
pp. 513-514
Author(s):  
Norman S. Marsh
2017 ◽  
Vol 30 (2) ◽  
pp. 287-309 ◽  
Author(s):  
Daniel Davison-Vecchione ◽  
Kate Pambos

This article examines Steven M. Wise’s arguments in favour of rationally extending fundamental rights at common law to other animals, as well as the 2014 and 2017 decisions of the Appellate Division of the New York Supreme Court, which rejected the possibility of extending common law personhood to a chimpanzee on social contract grounds. The article argues that extending the common law rights to liberty and bodily integrity to animals whose cognitive characteristics indicate an interest in self-determination is both morally correct and legally feasible, since this interest is what said common law rights exist to protect. Moreover, the arguments from reciprocity and community membership adopted by the New York Court fail to provide a philosophically sound basis for denying nonhuman rights, nor does conceptualising rights and duties in terms of social contract necessarily preclude nonhuman emancipation.


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