Prometheus versus Poseidon: The Legal Odyssey of Aquarium Cetaceans

This article traces the history of cetacean captivity from the first tragic experiments of P.T. Barnum in the nineteenth century to recent legislative prohibitions. It reveals how advances in scientific and ethical knowledge have transformed the legal treatment of these marine mammals, moving them from objects of spectacle to subjects of protection. The study also examines contemporary challenges related to the closure of dolphinariums and the transfer of captive cetaceans to sanctuaries. It concludes with a case study (Tribunal judiciaire de Nantes, 15 May 2025, Planète Sauvage / One Voice) designed to test the capacity of ordinary civil liability law to apprehend animal sentience (Article 515-14 of the Civil Code) and the concrete obligations arising from captive detention.