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The Courts Science

New Effort To Grant Legal Rights To Chimpanzees Fails 341

sciencehabit writes Advocates of "legal personhood" for chimpanzees have lost another battle. This morning, a New York appellate court rejected a lawsuit by the Nonhuman Rights Project (NhRP) to free a chimp named Tommy from captivity. The group had argued that the chimpanzee deserved the human right of bodily liberty. Despite the loss, the NhRP is pursuing more cases in the hopes of conferring legal rights to a variety of animals, from elephants to dolphins.
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New Effort To Grant Legal Rights To Chimpanzees Fails

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  • by DaHat ( 247651 ) on Thursday December 04, 2014 @03:55PM (#48525577)

    If freed... wouldn't a stolen bit of food here or there (as presumably it wouldn't be able to grow or buy it's own) or some public defecation get it arrested? If it dared resist arrest might get some additional charges of assault on a police officer and result in some jail time?

    • by Aaden42 ( 198257 ) on Thursday December 04, 2014 @04:16PM (#48525741) Homepage

      If it came to that, you’d have to appoint an attorney to stand for the critter’s interests who would argue diminished capacity and no ability for form mens rea.

      So at best, they’re arguing for defining chimps as mentally challenged persons. I think we have enough mentally challenged persons as it is, several of whom can no doubt be found on one end of the ‘versus’ in this court case...

      • by LWATCDR ( 28044 )

        In some nations they would then have to paid welfare by the government. Of course they do not have the mental ability to manage it so they would have to institutionalized. You could not turn the back into the wild because you can not just deport mentally challenged people....
        Yea this is a mess.

      • by mysidia ( 191772 )

        You’d have to appoint an attorney to stand for the critter’s interests who would argue diminished capacity

        They don't have diminished capacity; they have standard capacity for their species.

        Also; they could be charged with a strict liability offense such as drunknen and or disorderly conduct, or poo-flinging, in which they commit a crime even with no mens rea.

        • by Aaden42 ( 198257 )

          Even strict liability offenses aren’t generally chargeable against otherwise normal children who lack the reasoning to understand they committed a crime. I think the most generous figure I’ve read compared chimp intelligence to that of a human five-year old (and that was challenged as an over simplification and they’re really not equivalent to a kindergartener at all).

          You wouldn’t charge a five-year old with disturbing the peace for throwing a tantrum in public. (The fact that I

    • Good point. Maybe he could be considered mentally incompetent and placed in a non-jail institution. I think a zoo could be nice, but if he's considered a legal person, that's probably considered cruelty. If he's considered a person, we also wouldn't able to let him live in the wild, I think. Casting a person out into the wild would be considered cruel, too. I'm all for treating animals nicely, but granting legal personhood doesn't seem like the way to go about it. I think it would be more productive to trea
      • Is a zoo really much different than permanent involuntary institutionalization?
        • by Aaden42 ( 198257 )

          Zoos are generally a bit more lacking in the roof, heat, and running water department, though I’ve yet to hear a chimp complain about any of that.

    • by Ichijo ( 607641 )

      If freed... wouldn't a stolen bit of food here or there (as presumably it wouldn't be able to grow or buy it's own) or some public defecation get it arrested?

      Where did they want to release this Chimpanzee? Times Square?

  • Human Rights? (Score:5, Interesting)

    by Anonymous Coward on Thursday December 04, 2014 @04:04PM (#48525651)

    I wonder if they're also in favor of granting those same human rights to actual unborn humans.

  • Agree with court (Score:5, Interesting)

    by devent ( 1627873 ) on Thursday December 04, 2014 @04:05PM (#48525657) Homepage

    Please first demonstrate to me that chimps and other animals value bodily liberty, and only then we can talk to give them the right. I never saw any animal besides people to value liberty over food, water or safety. It doesn't make any sense to give some right to some subject that does not even value it or understand it. We don't even give bodily liberty to some mentally handicapped persons, so why should we give that right to an animal?

    • Re: (Score:2, Funny)

      Most humans don't value their liberty over food, water, or safety. Or even TV. That's why bread and circuses has been a staple of governance for millennia.

      • by devent ( 1627873 )

        Citation needed. People will starve to death if you put them in a cage. The anti-slavery movement endured lots of blood shed. I think given the chimp a choice between a banana and the jungle, the chimp will happily go to the zoo.

    • by XxtraLarGe ( 551297 ) on Thursday December 04, 2014 @04:25PM (#48525823) Journal

      Please first demonstrate to me that chimps and other animals value bodily liberty, and only then we can talk to give them the right.

      Everybody's talking about animal rights, but nobody ever mentions animal responsibilities.

  • by Tablizer ( 95088 ) on Thursday December 04, 2014 @04:09PM (#48525697) Journal

    Just declare chimps as corporations, THEN they'll have rights.

    • I was waiting for this. Corporations aren't even real things, just words on paper and we've given them personhood. Chimps would come before corporations in my mind.
    • Wish I had mod points for you.
  • We're a long, long way from the kind of philosophical maturity that would let us rationalize our laws with respect to sentience, consciousness, suffering, and freedom. In fact, it's apparently pretty early for us even to have a mature conversation about it.

    I hope to see substantial progress in my lifetime, but I'm not really expecting it.

    • by BarbaraHudson ( 3785311 ) <barbara.jane.hud ... minus physicist> on Thursday December 04, 2014 @04:17PM (#48525751) Journal
      People are resistant to the idea because some of the animals we eat show signs of consciousness and suffering.
      • People are resistant to the idea because some of the animals we eat show signs of consciousness and suffering.

        So do pets, fetuses, terrorists, and infidels. Before long, so will robots.

        We seem to have few qualms about compartmentalizing our empathy based on categories like these. We do, of course, have big problems agreeing on the appropriate compartmentalization.

      • People are resistant to the idea because there is far too much self-interest tied up in it. What are we supposed to do stop eating all plants and animals and eat only one another? Perform all research on humans? Or are we just supposed to skip all the research and instead of a few suffering to gain knowledge that benefits our interaction with all living things forever we condemn everyone whose suffering would have been alleviated by that knowledge?
    • That's right everyone. Give up, quit trying.

  • The chimp didn't help his case when he threw his own feces at the judge.
  • If you want to prove that a chimp deserves human rights, you don't name him Tommy [wikipedia.org], you name him Jerry. [wikipedia.org]
    • I wonder what percentage of folks got the Jerry was a man story reference without looking at the link or visiting the link? I am probably one of the few "old dudes" who read most all of Robert Heinlein's works and remembers them fondly. Cigret?
      • For that matter, how many Slashdotters remember Tommy any more? There's so, so much of yesterday's pop culture that's just been forgotten because today's youth just doesn't care. Of course, you and I grew up back when most of the movies you saw on TV were from the '30s or '40s, so we got exposed to it and (sometimes) learned to appreciate it whether we wanted to or not.
  • by tyggna ( 1405643 ) on Thursday December 04, 2014 @04:27PM (#48525845)
    I'm all for this. . .after we grant human children some basic rights (such as a say in custody hearings).
  • by AntEater ( 16627 ) on Thursday December 04, 2014 @04:47PM (#48526023) Homepage

    As stupid as this is, it still makes more sense to me that granting corporations legal standing equal with real, live human beings.

  • How much rights animals should have is certainly a worthy discussion to have. Do some animals deserve more rights than others? Which ones? How many rights? What makes one animal more "worthy" than another? All interesting questions.

    But the law is pretty clear: Animals are property, not people. Under the law, they have no rights. We already grant them the special privilege (vs. say, a car) in that they cannot be treated with gratuitous cruelty (and that's highly flexible... I can do a lot of things to

  • by jpellino ( 202698 ) on Thursday December 04, 2014 @06:48PM (#48527041)
    This was nonsense to get as far as it did.

As you will see, I told them, in no uncertain terms, to see Figure one. -- Dave "First Strike" Pare

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