95897 - DIRITTO DEGLI ESSERI ANIMALI

Learning outcomes

The course, in moving from the foundation of the notion of legal subjectivity, retraces the historical origins and the ethical-philosophical basis of the consideration and protection of animal beings as developed over time, in order to investigate whether it is possible to identify a new weak subject deserving of autonomous legal protection.

International recognition of the importance and dignity of animals will be treated, also in order to compare the protections recognized by the different systems, and the European regulations that regulate specific aspects related to the different and multiple areas in which animal beings are used, and then take stock of the protection accorded to them in Italy at the regulatory and jurisprudential level, also giving note of the various draft laws currently under discussion.

A particular look will be dedicated to animal beings used in sports activities and to the protection of the same recognized by the general and sports system.

At the end of the course, the student will have become fully aware of how the issue of animal protection is articulated and will have developed critical skills about the multiple legal profiles involved.

Course contents

Historical origins and ethical-philosophical foundation of animal protection

International recognition of the protection of animals

European legislation on animal beings

European case studies

Animal beings as subjects of law

Types of animal and different protection requirements

Animal welfare: definition and content

Comparison between European and international systems and levels of animal protection

The reform proposals in Italy

The Brambilla Code on affectionate animals

Bodies and institutions for the protection of animals

Associations as exponential centers of animal interests

The Law of 14 August 1991, n. 281, in the matter of animals of affection and prevention of stray dogs

The protection of animals in criminal law: legislation and case studies

Civil protection of animals: legislation and case studies

Compensation for loss of the affected animal

The responsibility of the veterinarian

The custody of family animals during the crisis of the couple

The sale of animals

The testing of animals

Animals and responsibilities

Animal athletes in the general order and in the sporting order

Animal welfare in pet therapy, circuses, zoos and folk events

Readings/Bibliography

The reference text is as follows:

Margherita Pittalis, "Diritto degli esseri animali. Lezioni e commenti", Cacucci Editore, Bari, 2022.

The teacher will also indicate in class further normative materials and case studies to study for the preparation of the exam.

Only attending students (80% lessons) will have the possibility to choose the first question.

Teaching methods

The lessons will be held entirely by Prof. Margherita Pittalis, owner of the course, and will consist of lectures with in-depth analysis of the institutions of the program

Assessment methods

Lessons will take place in the second (second) semester.

Those who obtain the attendance certificate in the current A.A. will be able to take the exam only from the month of May 2023.

The exam can be taken preferably after passing the exams of Private Law (Institutions of Private Law) and Constitutional Law.

The examination shall consist of an oral question.

Only attending students will be able to choose the first question among all the topics of the program.

The evaluation of the test will be carried out taking into account:

knowledge of institutional profiles;
the ability to analyse the jurisprudential and doctrinal guidelines;
the ability to make connections between the different parts of the programme;
the ability to develop critical arguments;
the articulation of the exposure;
the accuracy of the exposure.

The allocation of the vote shall be made according to the following grading:

- preparation on a very limited number of topics dealt with in the course and analysis skills that emrege only with the help of the teacher, expression in generally correct language: 18-19 mark;

- preparation on a very limited number of topics addressed in the course and ability to independent analysis only on purely executive issues, expression in correct language: 20-24 vote;

- preparation on a large number of topics in the course, ability to make independent choices of critical analysis, mastery of specific terminology: 25-29 mark;

- preparation substantially exhaustive on the topics covered in the course, ability to make independent choices of critical analysis and connection, full mastery of specific terminology and ability to argue and reflection: 30-30L vote.

Registration for the final test must be carried out using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm ).

THESES OF DEGREE

The degree theses are assigned by Prof. Margherita Pittalis, after an interview.

Teaching tools

The teacher will indicate in class the normative documents and case studies relevant to the understanding and study of the program.

Students who for reasons dependent on disability or specific learning disabilities (DSA) need of compensatory instruments will be able to communicate to the Teacher their needs in order to be addressed to the referents and agree on the adoption of the most appropriate measures.
Reception time

Consult the website of Margherita Pittalis [https://www.unibo.it/sitoweb/margherita.pittalis]

Office hours

See the website of Margherita Pittalis