roseembolism (
roseembolism) wrote2014-12-08 11:32 pm
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Shades of Little Fuzzy
Those who have read Little Fuzzy know that the book's climax hinges on a court trial to both determine whether the titular species is sentient, and also to come up with a general definition of sentience.
Recently, a New York court tackled that question when it comes to chimpanzees. Should chimpanzees be considered sentient? Honestly, this is a question I'm conflicted on, though I think a good case can be made in general for better treatment of animals, as we're finding them to be more and more like us.
Recently, a New York court tackled that question when it comes to chimpanzees. Should chimpanzees be considered sentient? Honestly, this is a question I'm conflicted on, though I think a good case can be made in general for better treatment of animals, as we're finding them to be more and more like us.
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I am particularly interested in the bottom end of "personhood" under law because humans used to slip under it sometimes, particularly disabled humans. The New York case says specifically that a) there may be better ways to use existing law to help that particular chimp, and b) that "personhood" implies certain abilities and responsibilities. So what are children and adults with dementia and people with a low IQ? (I should ask a lawyer.) Such people usually have to have a conservatorship or a legal guardian; higher animals might need that.
Right now, there isn't much of a national law level on animal care standards and rights. And we don't really have a state between "animal" and "human" that could be used for sentient-ish animals who need more care and rights. (I care a lot less about worms and bugs and sea slugs than I care about elephants and whales and apes and dolphins.)
What might be interesting is to incorporate the ape. Is the chimp a corporate person then? What responsibilities and rights do his board of directors have? When mad old ladies die and leave their fortune in trust for their cats, do the trustees have to comply with animal care laws or just the terms of her trust and will?