Animals in the Law: The Roman Perspective

Session 2: Living with Animals
Moderator: Thomas Lecuit (Collège de France)

Abstract

Roman law is at the origin of the dichotomy between personae and res and classifies animals as things, thereby reflecting, within the legal order, a social organization and a philosophical conception that distinguish animate beings based on whether or not they are “by nature” endowed with reason. The legal subject is the moral agent, considered capable of discursive communication and autonomous choice. This conception has thus helped shape the fundamental categories of the legal system, whose structure it continues to influence to this day. The history of law therefore offers a useful perspective for understanding the underlying mechanisms of legal thought and the way in which this historically constructed system contributes to the organization of social life.