This article intends to suggest an equality between animals and humans, identified both in terms of social “dangerousness” and united by being considered as subjectivities that are constituted as such in relation to the law and which must be treated, in biopolitical terms, with a surveillance that is itself a punishment. Through references to practical cases and conceptual definitions – such as those relating to the so-called “problematic bear” – the author tries to bring out a “disciplinary” level, typical of what Foucault identifies as “infra-law”, which, even with regard to non-human animals, most of the time resolves itself into a real and proper “counter-law”.
