Personhood to Animalhood, Hostility to Sanctuary, Animal Rights to Human Wrongs: A Case for a New Legal Framework for Animals Out-of-Place

This study diverges from the dominant juridico-philosophical narrative that views the extension of human rights to animals as the optimal outcome. Rather than seeking to reconcile or emphasize human/animal differences to argue for or against animal rights respectively, I focus on the uniqueness of animal experiences as the basis for their legislative protection; termed 'animalhood'. Studying US animal habeas corpus cases, I develop the concepts of hostility and sanctuary across the disciplines of law, French studies, and philosophy. Drawing inspiration from the emerging dialogue between immigration and animal law, I suggest a framework focussing on animals' non-comparative animalhood outside of an anthropocentric rights-based rhetoric.