Season 1, Episode 8

Karen Bradshaw on Property Rights for Animals

On this episode of Free Range, Mike Livermore speaks with Karen Bradshaw, a Professor of Law and the Mary Sigler Research Fellow at Arizona State University’s Sandra Day O’Connor College of Law. Her work examines the intersection of environmental law and property law. 

In the episode she discusses her book, Wildlife as Property Owners: A New Conception of Animal Rights, explaining that property rights can be a useful tool in the protection of endangered wildlife. She tackles the idea of moving away from anthropocentric understandings of land ownership while discussing the legal responsibilities and realities of managing animal-owned land.

Episode is an appropriate teaching tool for but not limited to the following topics & courses: property law, biodiversity loss, animal rights, environmental law, animal law

Discussion Questions

  • What are some of the key differences between the property regimes Karen Bradshaw discusses and traditional environmental law statutes like the Clean Air Act or Endangered Species Act? How do they reflect different ways of conceptualizing human-nature relationships?
  • Bradshaw argues property law is currently “at odds with the natural world” but also that reforming property can help address biodiversity loss. Do you agree? Why or why not? What reforms does she suggest and what are their pros and cons?
  • Bradshaw discusses the idea of allocating property rights to animals and ecosystems. What are some of the potential benefits and drawbacks of this approach? How might it compare to other conservation strategies?
  • If animals were allocated property rights, how should decisions be made about which animals/species are allocated rights or land ownership? What values or criteria should guide these decisions?
  • The podcast discusses animals having property rights as a “backdoor” to legal personhood. Do you think property rights can achieve some similar goals as personhood for animals? What are some key differences between these approaches?
  • The podcast talks about using legal tools like trusts to give land and resources to wildlife. What are some of the practical considerations in setting up and managing an animal trust long-term? What challenges might this face?
  • Bradshaw notes property rights regimes vary across cultures and legal systems. How might an animal property rights framework need to be adapted to work in different contexts like indigenous legal systems or countries without extensive private property rights?
  • The podcast discusses links between animal territorial behaviors and human property systems. Do you think human property norms can or should be informed by studying animal territoriality? Why or why not?

Additional Readings