Research Eva Bernet Kempers

Abstract

This project proposes the establishment of the Antwerp Centre for Continental Animal Law at the University of Antwerp, aimed at addressing the growing need for civil law perspectives on animal rights. Despite recent advancements in animal law, such as Belgium's recognition of animals as sentient beings in the civil code and constitutional references to animals in multiple European countries, the field remains dominated by Anglo-American, common law-focused narratives. These perspectives often emphasize judicial decisions and case law, which do not align with the statutory-based frameworks of continental legal systems. This initiative aims to fill this gap by promoting a civil law approach to animal rights, emphasizing statutory recognition of their sentience, dereification, and the role of constitutional protections for animals in continental Europe. The project will produce a seminal book, A Continental Approach to Animal Rights, building on the PI's PhD research and offering insights into civil law developments in Continental Europe. Furthermore, the Antwerp Centre will serve as a collaborative hub for continental European animal law scholars, fostering cross-border research and dialogue. Through workshops, seminars, and research stays, the Centre will advance the study of animal law within the unique legal traditions of continental Europe, thus providing a nuanced, European perspective to the international discourse on animal rights. The Centre will be embedded within the Faculty of Law's research line 'The distinction between persons and things,' offering a sustainable hub for the further development of animal law research, maintaining the newly aquired position of the University of Antwerp on the international level.

Researcher(s)

• Promoter: Bernet Kempers Eva

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

Abstract

Traditionally, private law rests on a fundamental dichotomy between persons and things. Persons are recognized as holders of rights and duties, capable of engaging in legal transactions, while things are considered entities without legal agency or rights. However, the rapid development of artificial intelligence and autonomous systems challenges this strict division, as these entities increasingly interact with society in complex, impactful ways. This evolution calls for a rethinking of core private law concepts such as responsibility, liability, consent, and causation. For instance, AI's complexity can complicate traditional frameworks of causation and responsibility, challenging established notions of liability. These developments reflect a broader shift that questions private law's rigid classification of 'persons' and 'things' and the relationship between them. Some legal scholars have therefore proposed to recognize an independent legal status for robots and AI (the so-called ePerson).4 The proposed Postdoc Challenge offers the candidate the opportunity to develop an independent research proposal within the broader theme of evolving perspectives on persons and things in private law, focusing on AI and robots, with the aim of securing international research funding. In doing so, the candidate will play a crucial role in shaping the legal approach to robots and AI in the Anthropocene.

Researcher(s)

• Promoter: Van Assche Kristof
• Co-promoter: Bernet Kempers Eva
• Co-promoter: Goossens Elise
• Co-promoter: Swennen Frederik

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project