Read The Times Australia

Daily Bulletin

Another chimpanzee personhood claim fails, but there's hope yet

  • Written by: The Conversation
imageTo challenge their unlawful detention, the claimant must first be recognised as a person in law.owenbooth/Flickr, CC BY-NC

Late last week, Judge Barbara Jaffe of the New York State Supreme Court declined to recognise the personhood of two chimpanzees, Hercules and Leo, for the purpose of a habeas corpus claim brought on their behalf. The chimpanzees are in the custody of Stony Brook University, where they are used for scientific research.

Habeas corpus is a legal claim that allows a person to challenge the lawfulness of their detention and to seek release. To pursue such a claim, the claimant must first be recognised by the law as a person who is capable of exercising that particular right to challenge their detention.

Despite the evolving nature of the law, which at one time was not open to some human beings, to date no entity other than a human being has ever been recognised as entitled to claim habeas corpus.

The decision

Last week’s decision is the most recent in a series of similar lawsuits being run by the Nonhuman Rights Project. Ostensibly, the cases aim to secure the release of specific chimpanzees from their current circumstances of detention into sanctuaries that better replicate conditions in the wild.

This would be a meaningful welfare outcome for those chimpanzees, but the cases have a deeper legal agenda. They seek to challenge the law’s simple and uniform designation of animals as property, at least in respect of cognitively, emotionally and morally advanced animal species.

While the focus of the cases has so far been chimpanzees, the intent of the Nonhuman Rights Project is to eventually include other nonhuman animal species with attributes that suggest their inner lives are closer to human experience, such as other great apes, elephants, and whales.

Last week’s decision, while rejecting the petitioner’s claim, provides some basis for cautious optimism among those who support the attempt to achieve recognition of animal legal personhood under common law. It’s certainly not a hostile judgment given it will now be appealed to the New York Supreme Court Appellate Division.

Reason for hope

Importantly, the decision was not made on the merits of the legal arguments as to whether a chimpanzee might be a legal person for the purpose of habeas corpus. Instead, Judge Jaffe carefully explained how her court was bound – because of technical rules of precedent – by a previous decision of a separate but superior New York court, which had denied a similar claim. But at no point did her comments demonstrate support for the legal reasoning that underpinned that court’s decision.

Indeed, I read in Judge Jaffe’s own brief treatment of the concept of legal personhood the potential that she, if free to pursue the matter on its merits, may have reached a different conclusion. She acknowledges, for instance, that the concept of a legal person is context-specific rather than fixed in the way the other court’s decision suggests.

I think the reasoning of the earlier decision was incorrect in that it treated the concept of a legal person as premised on certain fixed attributes. The court in that case linked legal personality to social contract theories of civil participation. It held that, to be recognised as a person entitled to rights in law, an entity must also be capable of accepting legal duties. And as animals cannot be held legally responsible for their actions, they cannot be legal persons.

But this reasoning ignores that the law often recognises personality in a more limited and context-specific sense. While an infant is a person for certain legal purposes (if they are wilfully killed, it would constitute murder), for instance, they’re not a legal person for the purposes of settling or enforcing a contract or being held criminally liable for their acts.

A higher court

Judge Jaffe also noted the legal question she was being asked to resolve, involving as it does a kind of legal evolutionary leap, is more appropriate for the next court in the hierarchy, the Court of Appeals. Indirectly, she seems to encourage the Court of Appeals to at least hear the case, noting its “role in setting State policy” and citing cases reminding courts that the parameters of habeas corpus are not solely a matter for the legislature.

The US animal personhood cases are a fascinating part of evolving legal dialogues on animals and their status under human law. Indeed, in some areas of US case law, companion animals are at times being treated as “quasi-persons” or at least a unique kind of property.

Some courts have recognised the emotional relationship between owners and pets, for instance, in determinations of pet custody after family breakdowns, and in deciding damages for harm caused by others to a pet.

The question is how much farther such incremental shifts of legal status will be taken and whether it will ever extend to fundamental rights being directly accorded to animals.

Joanna Kyriakakis is the current recipient of a small grant from Voiceless the Animal Protection Institute, for research into teaching Animal Law at Australian Universities. She is a member of the Voiceless Legal Advisory Council.

Authors: The Conversation

Read more http://theconversation.com/another-chimpanzee-personhood-claim-fails-but-theres-hope-yet-45596

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why CCTV Alone Is Not Enough for Modern Business Security

Cameras are usually the initial step that companies take to strengthen their physical security. If...

Why Every Workplace Should Take Emergency Preparedness Seriously

Emergency planning is one of those things many workplaces know they should think about, but it oft...

Why Clearer Communication Still Matters in a Digital-First Business

It’s never been easier for businesses to communicate, but that doesn’t mean they’re always communica...

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ye...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...