Professor Manisha Decah’s work in animal legal studies reveals how colonial and anthropocentric legal systems have long treated animals as property, not as sentient beings. Rooted in feminist and critical theory, her research critiques the limitations of personhood-based rights, arguing that such frameworks exclude vast numbers of animals—including farmed species and insects—due to human-centric standards of intelligence. Instead, she proposes a transformative legal vision centered on embodied vulnerability, relationality, and non-verbal communication, drawing from models like supported decision-making used for children and disabled persons. Decah highlights how foundational legal principles like the rule of law—focused on anti-arbitrariness—can be extended to animals, challenging the arbitrary notion that humans are uniquely rational or moral. Her personal journey, sparked by a story of a mother cow hiding her calves, deepens the emotional and ethical urgency of her work. She argues that dismantling the legal status of animals as property is essential to ending systemic exploitation, though such change requires profound shifts in legal, economic, and cultural structures. While practical implementation remains years away, Decah’s scholarship offers a compelling roadmap toward a more inclusive, just, and multi-species legal future.
Welcome to Courts of the Living.
Today we have with us Manisha Decah, Professor and Langstown Chair in Law at the University
of Victoria.
Professor Decah's research interests include animal legal studies and critical animal studies,
feminist animal care theory and feminist analysis of law amongst other areas.
And her manuscript, Animals as Legal Beings, has been published by the University of Toronto
Press in 2021.
She also serves as the Academic Director of the Animals and Society Research Initiative
and amongst her other outputs, Professor Decah directed the Open Access Documentary
series, A Deeper Kindness, which educates viewers about why animals need much more protection
in the law.
Thank you so much for joining us, Professor Decah.
Thank you so much, sir, that's such a pleasure and honor to be invited.
Thank you.
Can you share a bit about how you got started in this field, what brought you to studying
animals from a legal perspective and really grew as a critical animal scholar?
Yes, well, I think a fair like many people, it was like a family relational connection.
I was a teenager in high school and my elder brother had gone off to university two years
ahead of me and then came home with some animal rights literature, you know, leaflets and
the sword, I remember, and I read one of them and was just so affected, immediately it
was a story I recall correctly about a mother and child's family being separated from transport
on route to slaughter.
And yeah, so my family did not grow up vegetarian, although, you know, it wasn't a big element
to eat animals, but yes, so I immediately became vegetarian at least at that point and
then wanted to, you know, learn more about this and think about it more.
So when I entered university, a little later in my undergrad years at MacKill in Montreal,
I was able to pursue that through kind of my essays and in several courses, although
no one course at that time focused on animals at all.
So a lot through my feminist philosophy and theory courses.
And then I always wanted to go to law school since also being influenced as a teenager
and just be an academic.
And I always kept this interest what I learned a lot about in my undergrad years at that
time in the early 1990s was a lot of feminist theory, post-colonial theory, just the sense
and mood of deconstruction, you know, taking naturalized boundaries like men, women, culture
and nature and deconstructing them.
And so I was motivated to think about that beyond the human boundary and pursue that again
and where I could in my own writing for classes.
And then in law school it was a little bit harder because the curriculum was more structured
in the first year, but in uppiers I was able to do that.
And then with encouragement from my professors at the University of Toronto, law school,
I pursued graduate studies and at this was the feature of my job talk as well.
And just also my abiding interest in the field.
Thank you for sharing that, I can imagine also because I think from my very limited experience
at law school, while animal law was a course, it was not really taught from a critical
animal perspective, critical animal legal perspective or even feminist perspectives.
It was really just on the basis of what specific provisions existed in legislations.
And the perspective of animals themselves was really a minor key in a discourse which
was dominated by a very human centered approach.
So I can imagine, because I think critical animal scholarship is also quite moving, many
of the writers, including yourself right in powerful ways.
So I can imagine that to be a very pivotal moment.
You note in your book and in your writings that animal law cannot be separated from his
chase of colonialism and race, can you elaborate on how colonial legal systems shape the way
animals are imagined in law and why decolonial approaches are essential to thinking about
multi species justice?
Yes, certainly.
So if you think about my home context and Canada, we, you know, now's in law school and
certainly up until, I would say, the last five to 10 years, we are taught that Canada
is a bidural nation with the histories and colonization that we have, but of course, nobody
can call it, called it really colonization.
So we have the, at that time, we have the British colonial system, which is a common law
in most of the country.
And we also have the French civilian code in Quebec.
And these systems, which have global eyes because of global histories, treat animals in
a certain way, which is to say they treat animals as objects or as property in terms of
the legal classification.
So the common law system is the one I know are the best of us speak more about this.
One of obviously is also the one that is in Indian other countries.
When you have a system of animals as property that's obviously based on a cultural idea of
what animals are and who animals are.
And although Western traditions themselves are just a great diversity, you have an ascendant
idea, really strengthened from the light and period onward that animals are resources
for humans to use.
And the legal idea dates back to Roman times as well, but it really gets hardened socially
and then that reinforces decal judgments in all types of cases that animals are just
than objects to which no rights attach.
So there's no legal subjectivity for animals, even as we have for over 200 years something
called inter-coolty legislation, which itself I have as I have argued is we can make sure
it is a colonial influence piece of legislation.
So I can say more about that in a moment, but let's contrast how animals could be imagined
otherwise, i.e. other than as being as objects and then legally classified as property.
And most for example, could be imagined as family, we could be imagined as part of an
ecosystem element, and also as part of family that way.
Animals could be imagined as many spiritual religious traditions too as being part of a religious
network, a spiritual network.
So animals could be imagined as friends.
All of these options are different ways of thinking about animals as fellow planetary
beings, and that could be another trope for them as a fellow or sister planetary being.
All of this is quite different from saying animals are property, like any other type
of object.
So what is available now in all countries that have a legal system influenced by the British
common law or the French sugar code is this classification.
And there are other legal systems, for example, Triad or Canada, what we now recognize as
part of our legal tradition, indigenous legal orders, so Canada is now more and more understood
and certainly we teach this to law school and amongst the legal community that are well
passed law school and practicing or judging.
The Canada is a multicultural order, composed of not just two colonial legal orders but
multiple.
So here you will have a different imagination of animals.
Of course, given the global realities, these systems do intermingle quite a bit and certainly
open up.
Every country, animals occupy a property status in law that affects what happens to them
in the industries in which they're ensnared.
So I don't want to suggest that it's a rosy picture for animals really anywhere, but the
dominant legal orders in the world are at least the common sense of a law and that property
conceptualization came from Western philosophy that increasingly suggested animals are more
machine like war atomic.
like then more people like or more as we think of living beings. So then this colonial
classification infuses a contemporary reality and we can even see it then in laws that are
ostensibly there to protect animals. So let me now go back to the enduquility laws I
was mentioning. So can what are enduquility laws? Enduquility laws are basically laws that say we
must be kind to animals by not inflicting unnecessary suffering on them. So that's like the
gist of these laws. They've been around for more than 200 years starting in England and we can
understand even the histories of the British Empire as affecting the genesis of these laws. As I've
argued, one of the precipitators, let me just back up, you have to think about how the laws were
argued for, were promoted, right? What was happening? People were seeing on the streets of London and
elsewhere in England, the horrible treatment that animals were working, we're receiving into
animals in general. And this started to offend different sensibilities and that got articulated as
a class-based issue saying, you know, we need to civilize the lower classes in England to treat
animals better. And that was also kind of an argument that became integrated or became influenced
by the colonial aspirations at that time that the existence and augmenting of empire,
because the argument was that we, you know, we can't very well call elsewhere and tell people
what to do and how to live and to kind of spread the civilizing mission. If we ourselves at home
acting in civilized ways. So it's a very colonial discourse and anti-culture legislation, of course,
was taken forward by animal advocates who were really concerned about animals, but of course,
when you argue for a law, you have to bring forth arguments that are going to persuade their
wider community who may not have those same sensibilities. Right in the civilizational rationales,
were influential, given the politics and that were so deeply embedded at that time. And so
antiquity laws come forward and they're understood as part of a civilizing mission, not just in
England, but elsewhere, because antiquity laws were introduced also in the colonies. And this
is not to say that antiquity laws were wrong and that we shouldn't have them, but at the same time,
it's to notice how the colonial embassies for these laws also can be seen in the scope of these
laws. Now, what do these laws do and what do they do today? They just tell us there should be no
unnecessary suffering. So legally, that term unnecessary does a lot of work because then how do we
know what is necessary and what's not? Well, that's going to largely be left up to prosecutorial
discretion as to when to consider something as being unkind to animals and coming under the
purview of an antiquity piece of legislation. And then if it ever gets into court, which is where
you would have a judge in having to interpret this word unnecessary, this object of unnecessary.
Through a scholarship that has looked at the legal and judicial treatment of antiquity laws,
you probably the most influential work here, early work was Gary Francione's work in his
1995 book and most probably the law looking at all 50 jurisdictions in the United States,
which have state criminal codes that house antiquity legislation as well. You have a picture
where you can see the antiquity legislation was always meant to target kind of the culturally
aberrant behavior, not the standard industry practices. And I've done a similar investigation
at the federal level in Canada, and I've made the same argument also in my book, Animals and Sequel
Beings, that we never think of normalized practices as cruel as unkind. We rationalize those
economically, or they're just so entrenched, we just don't even put, you know, like agricultural
industries or animal research in the same conversation and the same mental space as intercultural
legislation because we just think those are important and necessary and good and perhaps even benign
even though we may be aware of, especially for animal agriculture, all the negative externalities.
So, antiquity legislation is informed by kind of colonial status of animals as property.
We have some intervention trying to see the sentience of animals and be kind to animals yet
that idea is also informed by colonial imaginations of animals as first and foremost property.
And then also this idea of civilization, which kind of, you know,
melts together to produce a piece of legislation that's interpreted in a very narrow way.
And even today, at narrowness is there, we know all types of practices on animals that
are not seen as cruel and never questioned legally as being unnecessary.
Even though, you know, scientifically, we know it's not necessary to keep animals and
have an animal agricultural system based on them to feed humans.
But and we know about the, you know, the horrible practices that go on and incredible,
just, you know, unfathomable suffering for animals yet that all continues as business practice.
And when you look at these legislation, these types of legislation often within the statute itself,
the words themselves say normal business practices are not meant to be affected by this
antiquity legislation or, as I've said, the legislation, it may not say that explicitly,
but then it's just implicitly interpreted that way. So when we think of histories of colonial
ism and histories of phrase, we see how they come into something as specific as antiquity legislation.
And then we can even note the few instances where this legislation isn't forced
in the contemporary era as scholars have argued and myself I've built on that word.
What happens is that the legislation is enforced against practices that the majority finds offensive.
Even if the level of suffering is equivalent to a majority practice as in industrial farming.
So famous cases are the one in the United States where kind of the ritual sacrifice
of a minoritized racialized religious side was happening on the sidewalk,
quite in full public view. And you have municipalities trying to stamp that out.
Of course, what is happening is horrible. And I'm not suggesting that it's anyway ethical or fine.
But the poigness is the hypocrisy of the antiquity legislation is that it doesn't then get extended
to equally horrible majority in practices. So if we analyze antiquity, we see that it
as this type of differential enforcement. We can also think of another era where people feel,
okay, like animals are being protected, like what is known as endangered species legislation.
And so this is at the species level, not at the individual animal level,
but we feel like, okay, this is legislation that's trying to protect species from extinction
and conserve them and that's for animals. But again, if you look at the legislative rationales
and even if in the preambulatory texts, like the preambles, like the opening statements of
these legal statutes where legislatures can talk about what they hope this statue will do
in the values animating a lot, you will very quickly see that it's statements about, you know,
it's kind of the human right of future generations to enjoy animals and conservation of animals
today is important for, you know, human knowledge and biodiversity tomorrow, not really for the
animals safe, but for humans. And again, as animal studies post-human scholars have looked at,
and you know, what we call wildlife, which is a legal designation in the law,
considerably tracks on to our understandings of nature versus non-nature. So the concept of nature,
we can see as a colonial concept related to kind of the spread of empire, how we think about
who are naturalized beings and who aren't, which. animals, we think are worthy of protection in the law. Our views on specific species
is very much influenced by cultural ideas. So if we relate positively to whales, for example,
and we don't relate positively to wolves, we can see analysis by scholars suggesting that
that tracks our ideas about gender, how we think about the tuteness or friendliness
or goodness of animals, very much tied to cultural suppositions about them. So all of that comes
from like mindsets that are informed by who animals are, what they represent. And in jurisdictions,
where enlightenment thinking becomes pronounced culturally and is given kind of form in laws,
it is hard to escape this idea that animals are subordinate to us, that animals are inferior,
even as we might try to be kind to them and help them and think of them as megafauna,
which command our respect. The laws we have don't ever center animals, they're always coming from
an anthropocentric mindset. Thank you so much. Yeah, I think in most of our legal systems,
also in our previous conversations in this podcast, when I speak to people from different countries
in the Shepard-Sweik region, we see a similar provision because of our colonial heritage,
the provision that you spoke about in prevention of cruelty, legislations, about,
you know, we cannot inflict unnecessary suffering, but it leaves a gap of what is deemed
necessary. Moreover, what you said about the type of animal that we regard with respect,
depending on the charisma that we are caught in them, because there are so many more animals and
more than human lives that we discard as pests and vermin and there's very little care
afforded to how we treat them. And it doesn't really raise eyebrows, it's not in the public discourse
beyond the fact that they need to be eradicated. But I also realized that while this legal system
continues to function by entrenching anthropocentric hierarchies, I see some cracks. I see that your
work pushes us towards recognizing animals as legal beings. Can you explain what this shift might
entail and why it matters for justice? Yeah, certainly. So in this book, I argue against
personhood for animals. And when we think of why am advocates are desirous of personhood,
we can easily understand that from what I just said about what's wrong with property, because when
we're classified as property, we are objectified and commodified and made available to be used
through the rights of legal persons. And so we can understand, I mean, some scholars are
argue that even as property animals all some rights, but even those who believe that the meaning of
rights there doesn't really conform to what we think of as rights, which are fundamental rights,
what's called, it's called fundamental rights or thick rights, meaning those rights that protect us
from other people using our body against our will or killing us obviously against our will.
And so I argue against personhood, not because I don't want animals to have that type of
fundamental rights or protections. Of course, I do. But my argument informed by my background
in critical theories and knowledge of them, especially feminist theory, feminist animal studies,
also known as eco-feminist theory, is that personhood is likely not going to be protective for
all animals as we would hope. So if we understand personhood as being the shield against
instrumental treatment that enables the staggering kind of production of animals for human
use and the staggering levels of harm and killing, we can still observe that personhood when it's
understood in the law. Yes, it is meant to be fundamental legal rights, but when we conceptualize
a person, we are typically conceptualizing a human being. Even us for centuries non-humans,
one type of non-human has enjoyed or a few types of non-humans rather have enjoyed the status
of person. So we can think of corporations and ships that centuries ago were treated
in the common law's legal persons, and that also has the relationship to empire building
and industrialization to make a facility business and to facilitate going to other countries
on ships. The common law system is one that operates by legal president. Judges today, if they're
asked for specific legal remedy, they're supposed to look at what other judges have said in the past,
even in the very distant past, and decide accordingly, not do something that's a bold difference.
So when animal advocates come to court asking for personhood, they're relying a lot on the corporate
personhood cases, that suggests that non-humans can be persons, and they're also making arguments
about, well, and we also know from moral philosophy that animals deserve personhood because they can
pass, you know, they have language, they have a certain level of cognitive capacity, they can pass
a married test, and so all of this kind of goes into a mix in front of a court, or maybe even
legislative submissions, asking for personhood for animals, and usually the animals are issue
are ones that are culturally favored. The person receiving that legal ask, a judge or a politician
with voting power, can relate to in terms of, yeah, you know, this animal can, it does have human
like qualities in terms of intelligence or certain levels of intelligence, and I can relate
through it favorably to them. So usually that means it's the kind of non-humid primates that are
the subject of this type of litigation or the elephants or the cetaceans. Okay, so now we have to
think, how do those arguments play out for the other animals? Even as much as we care about
kind of the suffering of the humanized animals like elephants or cows or guerrillas, chimpanzees,
and the horrible things they experience in captivity and why animal advocates would want to
free them from that, we can ask our, is personhood going to be, you know, viable and something that
will actually reach, let's say, the farmed animals, the ant, the chickens, right, that are,
or even the fish, the animals that are just produced or killed in such astonishing numbers globally,
right, or the pigs or, right, even the cows in kind of countries outside of India, but as we know
also there are legal entitlements for cows in India as well. So we have to think, personhood may not
be that effective because the arguments typically rely on showing a certain level of intelligence,
and even as we may know that farmed animals, for example, pigs and cows are supremely intelligent.
We're not enculturated to view these animals that way. Again, right, certain animals are very
cultured as specific, so if you think of Canada, we just don't think of farmed animals, goats, cows,
chickens, pigs as being intelligent and as having a mind or being able to pass a merit test,
and these are the legal submissions. So in my book, I argue, you know what, I understand the
arguments for personhood. It may be that personhood can't extend to farmed animals, but likely it's
not going to give in what personhood scholars have shown that even as personhood has no stable
legal definition and jurisdiction let alone globally, it's usually associated with this kind of
paradigmatic functioning human adult, paradigmatic meaning they reason at a requisite level. They have
this level of intelligence that we respect, and that's why they're persons. So even as we say
corporations are persons, we don't recognize them as being this type of, you know, a material human
being. We still kind of humanize corporations in this way, in cases about corporate personhood.
So in my book, I argue, it's not likely that personhood will soon protect the farmed animals.
Even if it protects the culturally favored animals, and the farmed animals are the ones that
wear the numbers I in terms of what animals need.
And this is, you know, we're not even thinking about,
kind of the insects, right, who are such greater numbers.
And we know some insects are increasingly now,
kind of being targeted for farming.
Okay, so I say in my book,
if we really valued animals or who they were
and who they are, we would want to have a legal status
that's not based on like intelligence
according to human standards,
which is an exclusionary status,
but can just respond to vulnerability where it lies.
Whether that vulnerability comes out of animals embodiment,
so there are physical needs
and the physical pain they can experience or psychological
and also relatedly where that vulnerability
may come from, their relationality,
such that they want to be in relation with family
or for animals that aren't located in family units, right?
Or never start off, let's say, with being raised by a parent.
They will have other relational interests
in terms of how they want to lead their lives.
So how about we create a legal subjectivity
that can respond to this type of vulnerability
rather than only favoring animals,
which would be much more inclusive.
That's the key point of all animals.
And I know that practically that is still years and years away.
But I don't think it's such an impediment to animals
because personhood really from most animals
these years and years away,
we have some cases in countries in South American Asia
that recognize a level of persons for animals,
but really it's like the zoo animals
or at the most, for example,
a cartoon Ecuador with the Constitutional Courage
and their Asjandiza case from about 10 years back now,
recognizing the wild animals
as kind of coming under the rights of nature provision
in the Ecuadorian constitution.
So even there, and the court even spoke there,
how they can't extend that recognition
of the rights of nature to the animals we eat
and made some kind of compromise arguments there about why not?
And my view is that that is a compromise
accorded to reach to make their initial kind of holding
about wild animals parallel.
So being this, as I argue in my book,
is meant to center not kind of autonomy
and independence and a disembodied legal actor
who's all about the mind and ability to reason on a certain level.
It's meant to center the embodiedness, the relationality,
and the vulnerability that can arise in these two elements
as what the law should think about
when it's trying to protect animals.
So in my view and in the argument,
that would be much more inclusive of more animals.
And also, kind of lightly more protected
than what personhood can offer.
- Thank you, that sounds fascinating.
And while, as you mentioned practically,
it might still seem years away,
but I think it is so necessary to think about
the potential of the cracks in our current anthropocentric
anthropocentric and racial colonial legal system.
As we work with that system,
sometimes as that might be necessary,
there have been critics who might ask
if animals cannot speak for themselves,
then how can they be legal beings?
And how do you respond to that?
Because you have also suggested that there are representation
and guardianship models that might be viable.
Can you elaborate on that a bit more?
- Yes, so even this idea of like speaking for oneself
can be understood as being somewhat of a colonial byproduct,
right, and this idea that speaking is associated
with language and we assume that humans are the only ones
that have language or anything important to say
and we can trace that history of like who's allowed
to speak publicly, who's seen as being in the public sphere,
and being able to participate in this type of conversation.
And so while a human equality story that has expanded
with anti-colonial struggles,
struggles for racial quality, gender equality,
children's equality, so that we have this idea
that all human adult humans should be speaking.
We still see that the law kind of sets out
a different ambit for, for example, human children
or has a more complicated relationship to adult humans
who are nonverbal or otherwise have a disability status
that prevents them from speaking.
So the law has tried to respond to this reality
by having, yes, like guardianship models and proxy models.
And so we understand that children's are legal persons
and even as we constrain them, and of course
is a whole area of children's rights literature
that explains this and the vulnerabilities for children,
human children, we allow them legal standing
through a basically adult representation.
It, in some instances, right?
In some instances, adults just get to decide for children,
but in some instances, children can have their own
separate representation through an adult proxy.
For adults who are not legally capable,
deemed legally capable of voicing their own interests,
we also have proxy models that's understood
as substitute decision making.
And as disability rights activism has promoted,
you have also a less paternalistic model
called supported decision making,
where the adult is not so much a proxy,
the support person is not so much a proxy
for the affected person,
but tries to actually articulate their views,
even if they're nonverbal or otherwise,
it makes hard to communicate with others.
We already have in our ecosystems
these proxy representation models
that could be extended to animals
and scholars have argued that as well.
Some say, okay, well, it's gonna be way more complicated
because even as we might have nonverbal human beings
as adults or children, as infants, aware human,
and we can kind of know what kind of share
and the interiority of their minds more
and know what they're thinking or just kind of relate more.
Okay, perhaps, but we know from human psychology
and communication and language,
that language is never so straightforward.
And actually, that most communication amongst humans
is nonverbal to start with, right?
It is not the words really that are said
that it's the center of communication
amongst our between humans.
It is the nonverbal elements of communication.
So it's another kind of argument
or a frame to suggest that communicating with animals
needn't be seen as so foreign or alien to us
because again, if we think of animals as nonverbal,
then we could see that we could still communicate with them
and extrapolate what they might be intending,
what their intentions are,
even if they're not saying any words to us.
So animals have language that we cannot understand,
but that does not mean that we cannot communicate with them.
So the idea of a supported decision making,
not where it's just substitute decision making,
we're acting vanilla, so substitute decision making
is more of a benevolent model.
It's still patrilisted because you're trying to,
you know, articulate what are the best interests of animals
and how can we put forward?
That is, of course, so much better than the property model,
which doesn't ask about the interest of animals at all.
Board needs some completely,
but a supported decision model asks,
okay, well, you know, what is the animal trying to tell me?
I'm not just gonna make a decision about the best interests
myself.
I'm really gonna try to engage in empathetic relationship
with this animal and figure out what is it that they need
and what are they trying to tell me?
And so the theory that is going on in academic spaces
and also, you know, public-facing spaces,
amongst the general public,
about how to think about our communities as multi-species,
about how to live with animals, coexist,
about how to take into account their interests,
let's say, in urban planning and certainly in the legal system,
although that is very nascent and more theoretical at this moment.
This theory kind of takes to heart
what we've just said about language and communication,
that it's not the daunting obstacle
that we often think it as.
And if we hold on to anything, we can just think,
you know, how do we communicate with human infants?
Typically, for the first two years,
an infant is not speaking, and typically after that time,
they start speaking, but still they're not speaking
like an adult.
I don't think
And you would say we don't know how to communicate with a human
effect, right?
We do, we do not communicate, that's not to say that people are
communicating well or responding to the cries of children, which
is a form of communication.
And the children write such a jar of, of course, is there to
suggest to us how we need to do much better by children.
Yet the idea that we cannot communicate with them, that is not a
prevalent idea at all.
And so I suggest it should not also be for animals.
We can't communicate with them.
And so their interests can come into our deliberations in terms of
politics and our conclusions in terms of law.
What really, and I think anybody who has had the opportunity to
take care of an animal at some point in their lives, would
definitely agree with you.
I think animals are quite communicative and expressive in
their needs and preferences.
So, but I think, you know, the thing about anthropocentric and
auto poetic legal system is that it kind of puts a pause on
imaginations outside of it, which is why I think it can appear
initially difficult to imagine a model outside of it.
But if courts and legislatures and communities were to
truly embrace animals as legal beings, certainly it would require
rewriting of our relationship with animals, but also as you
mentioned, some of the deepest and foundational elements of our
colonial legal systems, such as property, labor, and capital.
Can you help us understand how might this transform our
vital legal imagination?
Yes, yes, so certainly it would be like a cessation of all
the many industries that exploit animals and you would have
to transition out of these industries fairly quickly.
That, you know, is already on the table in many jurisdictions
in the included about animal research, right?
That even the scientists, some scientists are saying and to
their colleagues, we need to transition away from animal
research, they're much better alternatives and the outdated
models aren't useful.
Anyway, so in terms of the foundational legal concepts to
do that, my own strong view is that, yes, property has to be
jettisoned, animals cannot exist, continue to exist in our
legal imagination or our legal actuality as property and they
would need to receive a much different status.
I have suggested being this.
And this would help create a new generation going forward and
even adults today, the idea that animals are perhaps our
kin are part.
They're in their own families and they are part of our families
as well.
I'm not so sure that I would advocate the latter just because I
think that animals really have to say they probably wouldn't
want anything to do with humans for most animals that are not
come, so I don't want to suggest that this is something that
animals would choose for themselves, but definitely we could
have a different legal status for animals.
But this is also to say that everything in the legal system,
even like in a common law legal system has to be completely
thrown out the window or that it would just be an upending
of everything.
Certainly, it would be a dramatic upending of the capitalist
industries that rely on animals and we would have to much
different relationships with them.
But as I've recently kind of argued in, and I have a few
papers I will be coming out soon about this, a foundation
principle that comes from the British system, right?
The rule of law has now been globalized, even beyond
common law jurisdictions, even beyond kind of legal,
professional institutions like courts and legislators to
like development studies, then convolve the professionals
that work in this, like in the UN, and otherwise.
The rule of law is such a foundation principle.
And it's such a well-regarded principle, even if it's not
implemented, where in jurisdictions that's
profess that they are rule of law societies, and we know
that they're horrible legal violations going on just
routinely.
But if you think about what the rule of law is,
nobody's going to agree.
There's so many different theories.
But as I, in other scholars have argued,
really, this foundational principle that comes from the
British heritage, and spread through empire, that the
rule of law is really a value about anti-arbituriness.
It's about government not acting arbitrarily and about a
sense of legality that people can rely on.
All right, can this principle be extended to animals
projectively?
And I have argued that personhood, because it's so
chathered to kind of this paradigmatic, intelligent,
reasoning human, doesn't seem to be that inclusive.
And it's quite mired at that, and it's hard to get out.
And let's just think of a new status for animals.
That would be more and more friendly.
But I don't think the same with the rule of law, because
the rule of law is not, when I say the rule of law, when
we're sharing it now, we don't really think of a human.
We don't think of like a human reasoner, an intelligent human
being.
The rule of law doesn't have that association.
The rule of law has an anti-arbitrary association, which
certainly can be extended to animals.
And so we could think of a society based on beingness or
another product of the capacity as actually respecting
this foundational principle of the rule of law, which
is really that you need to have an anti-arbitrary system.
And it's hard to think of something that is more arbitrary
than anthropocentrism.
All the rationales we have for it can be combated
by argumentation and not speculation.
And that is actually the history of anti-recentrism.
Every time we try to think, OK, what makes human special?
What makes us as obsessional?
Always tool use, always language use, always the ability
to empathize.
Science comes along and so debunks that.
So there is nothing that makes humans stand out
from all other animals.
There's nothing.
And that is just arbitrariness, parent simple.
And we have legal systems based on this arbitrariness.
So yes, a lot would change.
But that doesn't mean everything would change.
And some foundational pillars of legal systems would
actually be better respected, such as the rule of law.
Thanks a lot for that explanation.
And I think that is really crucial for us to take forward,
which also brings me to the last question I have, which
is something that I typically ask the podcast guests.
It's based on the fact that much of our writing
and work on more than human rights, animal rights, et cetera,
is often emanates from a place of deeply personal
interaction or experiences with more than human life
around this.
So if you could share one's story about your entanglement
or experience with animals, which listeners could carry
with them beyond this conversation, what would it be?
You know, Shada, I grew up without any kind of companion
animal in my life.
So I think that was partly cultural coming from.
And then where my parents were coming from India,
immigrating to England, coming to Canada,
and what was in their normal purview,
although my mother, growing up in India,
did grow up with animals, but mostly like farm animals
around her.
And so for me, as I said at the beginning,
it was actually looking at kind of text
and thinking of imagining more oh my goodness,
like what that suffering entailed that led me down this path.
I will share, I would think the most profound personal experience
I have had in terms of cementing my commitment
and educating me really was the experience of nursing
my own human child.
When I started to do that, that was just 10 years ago,
the decades after I started this work.
And I was aware of fiction, I had read stories, I had read,
but also even academic texts that embed stories.
And there is an eco-famous article by Greta Gard
called "Tort of Feminist Post-Colonial Milk Studies,"
which talks about really how we can understand
the global rise of milk, like how did milk--
drinking another mouthful of milk--
become not only globalized but naturalized,
and that really is the story of imperialism
and patriarchy, extended to animals.
And so she ends that story--
ends that-- sorry, academic article
with this story about whether it's real or not,
we don't know with stories she heard about a cow who
[BLANK_AUDIO]
at her babies are going to be taken away from her and has twins. And in this novel, in that
rendition, the mother cow tries to keep one of the babies for the farmer to take because the
person is going to be expecting that and tries to hide the other. And before I had a child
into my nursing, like that story affected me, it's one of the things I always kind of um,
think about, uh, uh, and it's like a story that haunts me that I can't really get out of my mind.
Even now, like I feel very affected by it, but when I nurse my own child and had that
um, bodily embodied experience of that and had the sense of like what it must mean to lose your child
and then be put in the service, have your body appropriated to to keep milk to to humans, like um,
you know, I just couldn't fathom that. And some days I felt like I just cannot get this
story out of my head and like it just want to get to do as much as I can to visualize that suffering.
I've just not other cows, but other mother mammals and just all animals in general,
although I do think gendered familial and relational bonds are really important in visualizing
the harm of animals. And you know, and since Yamuni Nairan's book, mother calm, mother India,
I mean, it's just such a service to anyone who reads that book for the Indian contacts, but just
generally about dairy and the harms of it, which can make sense to also other industries.
So, God is really like the most personally affecting entanglement I've had with animals is to
kind of imagine that type of gendered familial relational harm and continue to be motivated to do
the work I do and hope that the empathy I have in that situation can always influence me in my
personal life and also the bit of professional work I do. Thank you so much, Professor Deca,
for sharing that important and powerful story. It's been such a pleasure and honor to have you
here as a guest. Thank you so much for sharing about your work as well as the ways in which the
legal system entrenched these kind of hierarchies, these anthropocentric hierarchies, but also
the way there can be, you know, possibilities and visions of a future which need not be so
exploitative and so hinged on inequality. So thanks a lot for sharing your work and for appearing
as a guest for this podcast. Always my pleasure. Thank you so much for inviting me and thank you for
the wonderful podcast opportunity here as well. Thank you.
Podcast Summary
Key Points:
Professor Manisha Decah’s interest in animal legal studies began with a powerful personal encounter with animal suffering during adolescence, leading her to adopt vegetarianism and pursue academic inquiry.
Colonial legal systems, particularly through property-based classifications of animals, have historically marginalized animals as non-sentient objects, reinforcing anthropocentric and racial hierarchies in law.
Antiquity laws, designed to prevent unnecessary suffering, are rooted in colonial civilizing missions and are narrowly interpreted to protect only culturally favored animals while ignoring widespread industrial exploitation.
Personhood as a legal status for animals is problematic because it is based on human-centric standards of intelligence and reasoning, excluding farmed animals, insects, and other non-culturally valued species.
A more inclusive and ethical legal framework should center on embodied vulnerability, relationality, and non-verbal communication—aligning with models like supported decision-making used for children and disabled individuals.
The rule of law, which opposes arbitrary actions, offers a viable foundation for extending legal protections to animals by challenging anthropocentrism as an arbitrary construct.
Decah emphasizes that transforming animal rights requires dismantling core legal principles like property and labor, and reimagining animals as kin or relational beings within ecosystems.
Her most profound personal experience was nursing a child, which intensified her understanding of maternal suffering in animal agriculture, linking gendered familial bonds to systemic exploitation.
Summary:
Professor Manisha Decah’s work in animal legal studies reveals how colonial and anthropocentric legal systems have long treated animals as property, not as sentient beings. Rooted in feminist and critical theory, her research critiques the limitations of personhood-based rights, arguing that such frameworks exclude vast numbers of animals—including farmed species and insects—due to human-centric standards of intelligence. Instead, she proposes a transformative legal vision centered on embodied vulnerability, relationality, and non-verbal communication, drawing from models like supported decision-making used for children and disabled persons.
Decah highlights how foundational legal principles like the rule of law—focused on anti-arbitrariness—can be extended to animals, challenging the arbitrary notion that humans are uniquely rational or moral. Her personal journey, sparked by a story of a mother cow hiding her calves, deepens the emotional and ethical urgency of her work. She argues that dismantling the legal status of animals as property is essential to ending systemic exploitation, though such change requires profound shifts in legal, economic, and cultural structures.
While practical implementation remains years away, Decah’s scholarship offers a compelling roadmap toward a more inclusive, just, and multi-species legal future.
FAQs
She was deeply affected as a teenager by animal rights literature describing the separation of a mother and child from transport to slaughter, which led her to become vegetarian and later explore animal rights through feminist and philosophical lenses in university.
Colonial legal systems, particularly common law and French civil codes, historically classify animals as property, reinforcing a human-centered view that animals are resources for human use, rooted in Western colonial thought and empire-building.
Cruelty laws aim to prevent unnecessary suffering but are rooted in colonial 'civilizing missions' and often exclude standardized industry practices like animal farming, leading to differential enforcement and limited protection for farmed animals.
Personhood, tied to human-like intelligence and reasoning, excludes most animals—like farmed livestock or insects—and fails to protect the embodied, vulnerable, and relational needs of animals in a way that is inclusive and just.
She suggests a legal status based on vulnerability and relationality—such as embodied needs and desire for connection—rather than intelligence or personhood, which would offer broader and more inclusive protection for all animals.
These models allow non-verbal animals to be considered in legal decisions by engaging in empathetic, relational understanding of their needs, similar to how children or disabled individuals are represented, without requiring language or speech.
Chat with AI
Loading...
Pro features
Go deeper with this episode
Unlock creator-grade tools that turn any transcript into show notes and subtitle files.