ABSTRACT

The treatment of animals is often debated on philosophical grounds. In an episode of Mister Ed, the classic TV show about Wilbur and his talking horse named Ed, Ed dreams that he is on trial. The scene in this raises the question of what would happen if animals had rights and incurred criminal liability for violating the rights of other animals. Domestic animals' owners have often been entitled to the benefit of the law, though their animals have merely been subjected to law even if they receive legal advocacy. Incongruities between rights and duties serve as an excellent starting point for discussions about animal rights, duties, and consideration. Though the law is unclear in many regards, one aspect is certain: animals are not yet entitled to the equal protection or due process guaranteed to humans. However, minors are not entitled to full due process either. Perhaps notions of justice will evolve to protect vulnerable populations.