Keywords
dereification
animal protection
interpretative directives
animal protection
interpretative directives
How to Cite
Paliwoda, P. and Bąk, B. (2005) “LEGAL DEREIFICATION OF ANIMALS – THE POLISH EXPERIENCE”, Scientific Journal of Bielsko-Biala School of Finance and Law. Bielsko-Biała, PL, 6(2), pp. 110–120. doi: 10.5604/01.3001.0012.2671.
Abstract
The aim of the paper is to present the concept of normative dereification of animals. Since 1997 Poland has been one of the countries which decided to build their animal protection system on the foundation of distinction of animals from objects. As stated in article 1 paragraph 1 of the Polish Animal Protection Act 1997 the animal as a living being, capable of suffering is not a thing. The author analyses the meaning of the regulation, its actual impact over the years and discusses related interpretative difficulties. In the author's view most importantly dereification provision should be seen as source of a specific interpretative directive. Thus, significant part of the paper has been devoted to the analysis of available court rulings addressing dereification and recognising existence of dereification-based directive of interpretation which has to be applied in cases involving animals.The papers published in the ASEJ Journal (alternate title: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej) - published by the University of Applied Sciences in Bielsko-Biała, are online open access distributed (Creative Commons Attribution CC-BY-NC 4.0 license). The Publisher cannot be held liable for the graphic material supplied. The printed version is the original version of the issued Journal. Responsibility for the content rests with the authors and not upon the Scientific Journal or Bielsko-Biala School of Finance and Law.
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