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Since 2013, an organization called the Nonhuman Rights Project has
brought before the New York State courts an unusual request-asking
for habeas corpus hearings to determine whether Kiko and Tommy, two
captive chimpanzees, should be considered legal persons with the
fundamental right to bodily liberty. While the courts have agreed
that chimpanzees share emotional, behavioural, and cognitive
similarities with humans, they have denied that chimpanzees are
persons on superficial and sometimes conflicting grounds.
Consequently, Kiko and Tommy remain confined as legal "things" with
no rights. The major moral and legal question remains unanswered:
are chimpanzees mere "things", as the law currently sees them, or
can they be "persons" possessing fundamental rights? In Chimpanzee
Rights: The Philosophers' Brief, a group of renowned philosophers
considers these questions. Carefully and clearly, they examine the
four lines of reasoning the courts have used to deny chimpanzee
personhood: species, contract, community, and capacities. None of
these, they argue, merits disqualifying chimpanzees from
personhood. The authors conclude that when judges face the choice
between seeing Kiko and Tommy as things and seeing them as
persons-the only options under current law-they should conclude
that Kiko and Tommy are persons who should therefore be protected
from unlawful confinement "in keeping with the best philosophical
standards of rational judgment and ethical standards of justice."
Chimpanzee Rights: The Philosophers' Brief-an extended version of
the amicus brief submitted to the New York Court of Appeals in
Kiko's and Tommy's cases-goes to the heart of fundamental issues
concerning animal rights, personhood, and the question of human and
nonhuman nature. It is essential reading for anyone interested in
these issues.
Since 2013, an organization called the Nonhuman Rights Project has
brought before the New York State courts an unusual request-asking
for habeas corpus hearings to determine whether Kiko and Tommy, two
captive chimpanzees, should be considered legal persons with the
fundamental right to bodily liberty. While the courts have agreed
that chimpanzees share emotional, behavioural, and cognitive
similarities with humans, they have denied that chimpanzees are
persons on superficial and sometimes conflicting grounds.
Consequently, Kiko and Tommy remain confined as legal "things" with
no rights. The major moral and legal question remains unanswered:
are chimpanzees mere "things", as the law currently sees them, or
can they be "persons" possessing fundamental rights? In Chimpanzee
Rights: The Philosophers' Brief, a group of renowned philosophers
considers these questions. Carefully and clearly, they examine the
four lines of reasoning the courts have used to deny chimpanzee
personhood: species, contract, community, and capacities. None of
these, they argue, merits disqualifying chimpanzees from
personhood. The authors conclude that when judges face the choice
between seeing Kiko and Tommy as things and seeing them as
persons-the only options under current law-they should conclude
that Kiko and Tommy are persons who should therefore be protected
from unlawful confinement "in keeping with the best philosophical
standards of rational judgment and ethical standards of justice."
Chimpanzee Rights: The Philosophers' Brief-an extended version of
the amicus brief submitted to the New York Court of Appeals in
Kiko's and Tommy's cases-goes to the heart of fundamental issues
concerning animal rights, personhood, and the question of human and
nonhuman nature. It is essential reading for anyone interested in
these issues.
Edited by Mylan Engel Jr. and Gary Lynn Comstock, this book employs
different ethical lenses, including classical deontology,
libertarianism, commonsense morality, virtue ethics,
utilitarianism, and the capabilities approach, to explore the
philosophical basis for the strong animal rights view, which holds
that animals have moral rights equal in strength to the rights of
humans, while also addressing what are undoubtedly the most serious
challenges to the strong animal rights stance, including the
challenges posed by rights nihilism, the "kind" argument against
animal rights, the problem of predation, and the comparative value
of lives. In addition, contributors explore the practical import of
animal rights both from a social policy standpoint and from the
standpoint of personal ethical decisions concerning what to eat and
whether to hunt animals. Unlike other volumes on animal rights,
which focus primarily on the legal rights of animals, and unlike
other anthologies on animal ethics, which tend to cover a wide
variety of topics but only devote a few articles to each topic,
this volume focuses exclusively on the question of whether animals
have moral rights and the practical import of such rights. The
Moral Rights of Animals will be an indispensable resource for
scholars, teachers, and students in the fields of animal ethics,
applied ethics, ethical theory, and human-animal studies, as well
as animal rights advocates and policy makers interested in
improving the treatment of animals.
Edited by Mylan Engel Jr. and Gary Lynn Comstock, this book employs
different ethical lenses, including classical deontology,
libertarianism, commonsense morality, virtue ethics,
utilitarianism, and the capabilities approach, to explore the
philosophical basis for the strong animal rights view, which holds
that animals have moral rights equal in strength to the rights of
humans, while also addressing what are undoubtedly the most serious
challenges to the strong animal rights stance, including the
challenges posed by rights nihilism, the "kind" argument against
animal rights, the problem of predation, and the comparative value
of lives. In addition, contributors explore the practical import of
animal rights both from a social policy standpoint and from the
standpoint of personal ethical decisions concerning what to eat and
whether to hunt animals. Unlike other volumes on animal rights,
which focus primarily on the legal rights of animals, and unlike
other anthologies on animal ethics, which tend to cover a wide
variety of topics but only devote a few articles to each topic,
this volume focuses exclusively on the question of whether animals
have moral rights and the practical import of such rights. The
Moral Rights of Animals will be an indispensable resource for
scholars, teachers, and students in the fields of animal ethics,
applied ethics, ethical theory, and human-animal studies, as well
as animal rights advocates and policy makers interested in
improving the treatment of animals.
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