Habeas corpus and nonhuman animals

Jake Davis

Chapter 44 in Elgar Concise Encyclopedia of Animal Law, 2025, pp 168-170 from Edward Elgar Publishing

Abstract: Habeas corpus is a centuries-old means of testing the lawfulness of one's imprisonment before a court. It was used extensively in the 18th and 19th centuries to fight human slavery, and abolitionists often petitioned for common law writs of habeas corpus on behalf of enslaved individuals. The most well-known such case is Somerset v. Stewart [1772], in which the Lord Chief Justice of England and Wales granted the writ to a human slave, freeing him unequivocally and essentially transforming him from a legal thing to a legal person. We argue common law courts should do the same for our nonhuman clients, including chimpanzees and elephants. These arguments for nonhuman animal freedom through the lens of habeas corpus are also taking place internationally, including in countries like Ecuador and Argentina.

Keywords: Habeas corpus; Nonhuman animal; Justice; Law; Legal person; Animal freedom (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803923666
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