ECONOMIC ANALYSIS OF LAW AND THE PROTECTION OF ANIMAL RIGHTS: JUDGE POSNER AND THE PATH TO SUCCESSFUL LAWMAKING

This paper explores Judge Posner’s perspective on the development of animal rights. We argue that he has accurately identified the challenges in recognizing and enforcing these rights globally. Additionally, we suggest that this debate has wider implications, and that Posner offers a clear approach for guiding judges and lawmakers in the regulation of sensitive issues. By applying the rigorous economic analysis and persuasive arguments that characterize his book, Economic Analysis of Law, it is possible to envision a system of rights that is efficient and, at the same time, generally accepted and shared. This could also serve as a practical example of effective lawmaking on a contentious matter.