Full Title Name:  Will the Heavens Fall? De-Radicalizing the Precedent-Breaking Decision

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Paul Waldau Place of Publication:  Animal Law Review at Lewis & Clark School of Law Publish Year:  2001 Primary Citation:  7 Animal L. 75 (2001)

This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article highlights the complex cultural backdrop in each situation, and suggests that the comparison helps one see the nature and possibilities of precedent-breaking decisions that rely on various non-legal resources available to judges who, because of conscience, principle, or policy considerations, choose not to follow established precedent.

Documents:  PDF icon lralvol_7p75.pdf (151.54 KB)



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