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Preface
Acknowledgements
Introduction: Bears and bees, juridical species
The study of animals in juridical literature
What is a juridical species?
Why bears? Why bees?
The animal in the mind of a lawyer
Creatures of jurisprudence
PART 1 Bears
1  Bears as subjects of law
The mark of a bear
‘Bears with lawyers’
Chucho
Judgment SU016 of 2020 Habeas corpus petition
The decision of Judge Ortiz Delgado
Where the bear tracks stop
2  Bears as actions of law
Francis v State of Utah
Besozzi v Harris
In the doctrinal shadows of scienter and negligence
Shaw v McCreary
3  Bears as articles of law
Bachofen’s Der Bær in den Religionen des Alterthums
‘The animal in its full independence’
Jurisdictions of the bear
To be liable for a bear ‘as if she were sole and unmarried’
4  Bears as institutions of law
‘If a bear breaks loose …’ Digest 9.1.1.10
Classical or interpolated?
‘Against nature’ and ‘according to nature’
‘If I kill the bear, the body is mine’
5  Bears as evidence of laws
Delgamuukw v British Columbia
The bear problem
The historical and the legal shape of facts
Direct evidence and the image of the bear
‘… and imagining a white bear …’
The Decision in the Supreme Court of Canada
PART 2 Bees
6  The juridical thought of bees
The entrance to the beehive
‘Attractive little problems’
Exigere: the thought of the swarm
7  The juridical nature of bees
Almond Alliance of California et al. v Fish and Game Commission et al
‘Neither tame nor wild’
The juridical hive: isolating and dividing bees
8  The juridical existence of bees
Kearry v Pattinson
Against a swarm of bees
Bienenrecht
‘The faculty which is competent in law with regard to them’
Bee-jurisdictions: Bechbretha, Zeidelweide
9  The juridical invention of bees
‘If when my bees fly to yours you burn them up …’ Digest 9.2.27.12
From doves to bees: the rule of animus revertendi
The ‘Case of the Poor Man’s Bees’
Burned or poisoned bees?
Burnt bees: a procedural estimation of value
The problem of dominium in the lex Aquilia
‘This: what human ingenuity could not have devised’
Conclusion
Bibliography
Index

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To what extent can an animal constitute a ‘juridical species’?? This highly original book considers how animals have been integral to law and to legal thinking.

Going beyond the traditional approaches to animal rights and the question of whether non-human animals may be considered legal ‘subjects’, this book follows two types of animal ? bears and bees ? and asks what existence these species have maintained in juridical thought.? Uncovering surprising roles that the animals play in the imagination of and solution to jurisprudential problems, the book offers a counter-argument to the view that juridical thought reduces one’s appreciation for the singularity and independence of their lives.? It shows, rather, that the animals exert a remarkable influence on the creative dimensions of law, offering a liveliness to it that is worthy of close attention.

Contributing to new directions at the intersection of jurisprudence and human-animal studies, this book will appeal to those with interests in either of these areas.



To what extent can an animal constitute a ‘juridical species’?? This highly original book considers how animals have been integral to law and to legal thinking.