Steven M. Wise - Animal Personhood

Animal Personhood

Wise's position on animal rights is that some animals, particularly primates, meet the criteria of legal personhood, and should therefore be awarded certain rights and protections. His criteria for personhood are that the animal must be able to desire things, to act in an intentional manner to acquire those things, and must have a sense of self i.e. the animals must know that s/he exists. Wise argues that chimpanzees, bonobos, elephants, parrots, dolphins, orangutans, and gorillas meet these criteria.

Wise argues that these animals should have legal personhood bestowed upon them to protect them from "serious infringements upon their bodily integrity and bodily liberty." Without personhood in law, he writes, one is "invisible to civil law" and "might as well be dead."

He writes in "The Problem with Being a Thing" in Rattling the Cage:

For four thousand years, a thick and impenetrable legal wall has separated all human from all nonhuman animals. On one side, even the most trivial interests of a single species — ours — are jealously guarded. We have assigned ourselves, alone among the million animal species, the status of "legal persons." On the other side of that wall lies the legal refuse of an entire kingdom, not just chimpanzees and bonobos but also gorillas, orangutans, and monkeys, dogs, elephants, and dolphins. They are "legal things." Their most basic and fundamental interests — their pains, their lives, their freedoms — are intentionally ignored, often maliciously trampled, and routinely abused. Ancient philosophers claimed that all nonhuman animals had been designed and placed on this earth just for human beings. Ancient jurists declared that law had been created just for human beings. Although philosophy and science have long since recanted, the law has not.

In Rattling the Cage, Wise offers examples of primates who he believes have suffered unjustifiably. He writes about Jerom, a chimpanzee who lived alone in a small cage in the Yerkes Regional Primate Research Center, with no access to sunlight, after being infected with one strain of HIV when he was three, another at the age of four, and a third at the age of five, before dying in 1996 at the age of 14.

Wise also tells the story of Lucy Temerlin, a six-year-old chimpanzee who learned American Sign Language from Roger Fouts, the primatologist, and was raised by Maurice K. Temerlin and Temerlin Mcclain. Fouts would arrive at Lucy's home at 8:30 every morning, when Lucy would greet him with a hug, go to the stove, take the kettle, fill it with water from the sink, find two cups and tea bags from the cupboard, and brew and serve the tea. When she was 12, the Temerlins were no longer able to care for her. She was sent to a chimpanzee rehabilitation center in Senegal, then flown to Gambia, where she was shot and skinned by a poacher, and her feet and hands hacked off for sale as trophies.

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