Legal Definitions - sauvagine

Sauvagine is a historical legal term, primarily used in older legal systems influenced by French law. It refers to two related concepts:

• A wild animal itself.
• The inherent wild nature or untamed disposition of an animal.

This term was historically important for distinguishing between domesticated animals, which were typically considered property, and wild animals, which were often subject to different laws regarding ownership, hunting, and responsibility.

Examples:

• Imagine a medieval decree from a lord stating, "No peasant shall set traps for sauvagine within the ducal woods." In this context, sauvagine refers directly to the wild animals inhabiting the woods, such as deer, wild boar, or rabbits, which were reserved for the lord's hunting privileges. The decree prohibits peasants from hunting these specific untamed creatures.

• Consider a historical legal dispute where a partially tamed falcon, owned by a nobleman, escaped and caused damage to a farmer's poultry. A court might have debated whether the falcon, despite its training, still retained its fundamental sauvagine – its wild nature and instinct to hunt – which contributed to the incident. This would influence the nobleman's liability, as the animal's inherent wildness might be a factor in its actions.

• In a historical legal text discussing property rights, it might be stated that "a person cannot claim ownership of a fox living freely in the forest, as it is sauvagine." Here, the term emphasizes that the fox, by virtue of its wild nature and existence in an untamed state, is not subject to private ownership in the same way a domesticated dog or cat would be. It is considered a wild animal, belonging to no one until lawfully captured.