Court Considering Case For Chimps As Persons

NY Times April 9, 2018

By Jeff Seb, director of the animal studies program at New York University.

You might be aware that chimpanzees can recognize themselves in a mirror, communicate through sign language, pursue goals creatively and form long-lasting friendships. You might also think that these are the kinds of things that a person can do. However, you might not think of chimpanzees as persons.

The Nonhuman Rights Project does. Since 2013, the group has been working on behalf of two chimpanzees, Kiko and Tommy, currently being held in cages by their “owners” without the company of other chimpanzees. It is asking the courts to rule that Kiko and Tommy have the right to bodily liberty and to order their immediate release into a sanctuary where they can live out the rest of their lives with other chimpanzees.

The problem is that under current United States law, one is either a “person” or a “thing.” There is no third option. If you are a person, you have the capacity for rights, including the right to habeas corpus relief, which protects you from unlawful confinement. If you are a thing, you do not have the capacity for rights. And unfortunately, even though they are sensitive, intelligent, social beings, Kiko and Tommy are considered things under the law.

In response, the Nonhuman Rights Project is taking a bold position: It is arguing that if every being must be either a person or a thing, then Kiko and Tommy are persons, not things. I agree, and many other philosophers do, too.

In February, a group of philosophers, including me, submitted an amicus curiae brief to the New York Court of Appeals in support of legal personhood for Kiko and Tommy. (Members of the group contributed to this article as well.) The court is considering whether to allow the case to proceed.

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