Why must we live in a Hohfieldian world? - Comment - Israel News | Haaretz Daily Newspaper
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    • Daniel
    • 14.05.13 | 12:20 (IDT)

    It is antiquated legal theory, associated with Hohfeld, that every obligation must correspond to a rightholder. Modern theory does not require such duality. Why cannot we simply recognize that humans have a legal obligation to treat animals well, without having to wade into the tricky question of whether the animals are capable of having a corresponding legal right? Certainly we are not expecting the animal to exercise its "right"--society can just as well censure the human who has been cruel to an animal for violating a binding obligation, without the fiction that the animal is thereby exercising a right, or having one exercised on its behalf.

    from the article: Animals should have independent legal rights, says Israeli judge
    First published 02:14 14.05.13 | Last updated 02:14 14.05.13
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