The place of animals in the legal system based on the Hunting Law: Legal and humane aspects

Since the late 1920s, the legislator has been trying to indicate the place of animals in the legal system. Due to their psychophysical features, they can be classified neither as things nor as persons. Determination of the place of animals in the legal system was extremely important due to the need to grant them legal protection in order to combat inhumane treatment. Today, the term “animal” is regulated in the Animal Protection Act, which clearly states that an animal is not a thing. However, in matters not regulated in the said act, laws applicable to things apply. Such subjectivity of animals is opposed by the understanding of game under the Hunting Law. What is more, this is not the only significant difference in the understanding of these related terms based on analysis of the two legal instruments. Humaneness viewed through the prism of the two pieces of legislation seems to be contradictory – the above-mentioned acts present different understanding thereof as well as different implementation by law. The cited acts were analysed in terms of literal, purposive, logical, and functional interpretation. Research into the issues in question was carried out with the use of dogmatic-legal, theoretical-legal, historical-legal, and sociological methods. This publication indicates the problem of ambiguity of the term “animal” based on the Hunting Law. Its aim is an in-depth analysis of the legal aspects of humane protection of animals, as well as an a contrario presentation of hunting practices. The research work carried out has suggested both inconsistencies as to identical terms in the above-mentioned acts, and a clear problem with regard to respecting and implementing the norms that stem from the provisions of the Hunting Law. Such results lead to a justified concern about the topicality of the legal solutions presented in the said act, while approval of this position should result in a conclusion that there is a need to amend the Hunting Law.