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Update: No Personhood for Chimps Yet

sciencehabit writes: In a decision that effectively recognizes chimpanzees as legal persons for the first time, a New York judge [Monday] granted a pair of Stony Brook University lab animals the right to have their day in court. The ruling marks the first time in U.S. history that an animal has been covered by a writ of habeus corpus, which typically allows human prisoners to challenge their detention. The judicial action could force the university, which is believed to be holding the chimps, to release the primates, and could sway additional judges to do the same with other research animals. Update: 04/21 21:39 GMT by S : Science has updated their article with news that the court has released an amended order (PDF) with the words "writ of habeas corpus" removed, no longer implying that chimps have legal personhood. The order still allows the litigation to go forward, but we'll have to wait for resolution.

55 of 336 comments (clear)

  1. Habeus Corpus by Drethon · · Score: 5, Insightful

    "The ruling marks the first time in U.S. history that an animal has been covered by a writ of habeus corpus, which typically allows human prisoners to challenge their detention." While I question some of the treatment of research animals, what exactly did the chimps ask of the court?

    1. Re:Habeus Corpus by Ol+Olsoc · · Score: 5, Funny

      While I question some of the treatment of research animals, what exactly did the chimps ask of the court?

      They want people to stop saying we are related to them.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    2. Re:Habeus Corpus by Drethon · · Score: 2

      Fine, what did the chimps ask their representatives?

    3. Re:Habeus Corpus by Anonymous Coward · · Score: 2, Funny

      While I question some of the treatment of research animals, what exactly did the chimps ask of the court?

      They want people to stop saying we are related to them.

      Well, I'll be a monkey's uncle.... Really? That's it?

    4. Re:Habeus Corpus by Richard_at_work · · Score: 4, Informative

      The Judge did nothing of the sort, the chimps were the ones named in the case by the animal rights activists, the Judge had to direct any motion at the chimps for the owners of the chimps to respond - and thats what he did here. He asked the owners to respond, via the Habeus Corpus motion - he had no other recourse.

      The activists are claiming something that didn't happen.

    5. Re: Habeus Corpus by jythie · · Score: 4, Interesting

      *nod* that is the legal strategy they are following, treating chimps as 'people' but not people with the ability to exersize their legal rights, so like children or mentally impaired individuals.

    6. Re:Habeus Corpus by AmiMoJo · · Score: 3, Informative

      Actually it's the headline that makes that claim, not the activists. They are being quite careful to clearly state the legal position and their reasons for doing it.

      The problem is US law is pretty weak on animal rights in general, and doesn't have clear mechanisms for dealing with situations like this. So, they tried something unorthodox, and it has at least got them a hearing.

      That's why it is important, even if you don't agree with their position that the university should not keep the chimps captive in the way it does. It is creating a legal framework for deciding these things, because the law currently lacks one.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:Habeus Corpus by tlambert · · Score: 2

      We don't even have this right for humans (sitting in Gitmo ) in this country, but they considering to grant monkeys this right? Unbelievable.

      Gitmo is not *in this country*.

      The entire *point* of Gitmo (Guantanamo Bay detention camp) is its extraterritoriality, and the fact that non-U.S. citizen detainees there are thus not afforded constitutional protections. That's *precisely* why Gitmo exists, and it's *precisely* why no president has, or will, honor their campaign promises to close the thing. It's too damn useful. Obama could close it tomorrow, if he wanted to, by fiat, by issuing an executive order. He is commander in chief of the armed forces, which is who runs the place. He won't: it's too damn useful.

    8. Re:Habeus Corpus by sycodon · · Score: 2

      The right to fling poo, no doubt.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    9. Re:Habeus Corpus by painandgreed · · Score: 4, Informative

      "The ruling marks the first time in U.S. history that an animal has been covered by a writ of habeus corpus, which typically allows human prisoners to challenge their detention." While I question some of the treatment of research animals, what exactly did the chimps ask of the court?

      Careful what you ask for. I knew some of the people involved with an old program at OU teaching chimps sign language. They eventually had the vocabularies of human 3 year olds. The program was eventually cancelled and the chimps split up to other research facilities. I've heard the stories from the grad students involved about how they would go visit those chimps, and they would sign "I'm in pain. I want to go home." while in the cages.

    10. Re:Habeus Corpus by Sarius64 · · Score: 2

      If your body is your own in this society, why can we not take the intoxicants we wish without consequence? Or doctors requiring men getting vasectomies to acquire their wife's consent? Or until your need soldiers? Or until you need taxpayers?

    11. Re:Habeus Corpus by david_thornley · · Score: 2

      Animals don't have responsibilities, so why should they have rights? We do have laws against mistreating animals. These aren't perfect or perfectly enforced, but what would be changed by "animal rights" laws?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    12. Re:Habeus Corpus by painandgreed · · Score: 2

      Nim was one of the chimps I heard about, I think. I specifically remember a story about smoking marijuana. The actual phrase was "stone smoke". The story went that guy telling the story was working on a grad paper on w weekend the chimp was living with him, and the chimp came in and was signing something like "make stone smoke" but he had to finish the paper so he kept telling him later. After a while he realized he hadn't see the chimp in a bit so he went looking and found the chimp who had not only found his stash, but was about halfway through rolling a decent looking joint.

  2. Ah, these activist judges! by rmdingler · · Score: 4, Funny
    Despite making poor judicial precedent, I see a great Disney movie blossoming out of this.

    What's next? A judgement against the internet on behalf of cats everywhere?

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:Ah, these activist judges! by kaizendojo · · Score: 4, Funny

      Despite making poor judicial precedent, I see a great Disney movie blossoming out of this.

      What's next? A judgement against the internet on behalf of cats everywhere?

      I can haz a cut of da profits?

    2. Re:Ah, these activist judges! by Qzukk · · Score: 2
      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:Ah, these activist judges! by Eunuchswear · · Score: 2

      Why not? Clowns like you get to vote.

      --
      Watch this Heartland Institute video
  3. Genius! by Mashiki · · Score: 4, Insightful

    In other news, medical research slowly comes to a crashing halt in test phases. Millions of people die due to reactions which were not seen in simulations. Environmental moonbats everywhere cheer.

    --
    Om, nomnomnom...
    1. Re:Genius! by cdrudge · · Score: 4, Insightful

      Chimps today...rats and rhesus monkeys tomorrow!

    2. Re:Genius! by Kierthos · · Score: 5, Funny

      Nonsense. We can always test new drugs on creatures that absolutely no one cares about.

      Lawyers.

      --
      Mr. Hu is not a ninja.
    3. Re:Genius! by HornWumpus · · Score: 4, Funny

      Animal rights activists.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Genius! by StikyPad · · Score: 3, Insightful

      we should at least think about what price we are willing to put on the suffering of highly developed animals.

      We did. "Good drugs" seems to be the consensus.

      Not every condition is life threatening, where humans would be willing to risk unknown side effects. And even if humans are willing to take that risk, there are bigger ethical concerns, like the potential for vulnerable people to be coerced into trials.

    5. Re:Genius! by DerekLyons · · Score: 4, Insightful

      If millions of people die because of inadequate testing then that's the fault of the people who tested the drug. There are plenty of humans who would volunteer for tests with full knowledge and understanding of the risks.

      On your planet maybe. But here on Earth we don't allow human testing in the early phases of drug development. And even if they did allow human testing, the volunteers can't possibly have full knowledge and understanding of the risks - because at that stage of the game, that knowledge doesn't exist. That's why we test on animals in the first place.
       

      There are plenty of animals that don't suffer the same was a chimps to, such as mice, that can be used for a lot of the tests.

      Where they can be, they already are. Primates are among the expensive and difficult lab animals to maintain, and thus are only used where no other reasonable alternative exists. (Or, again, the world you describe is a very different one from Earth.)

    6. Re:Genius! by Anubis+IV · · Score: 4, Insightful

      While I may not count myself on your side in this debate, I do think that your side has a number of decent arguments going for it. It's a shame that you've failed to provide any of them here.

      A) You've lumped everyone who disagrees with you into the "we're superior creatures and can dispose of animals as we desire" crowd. That's a gross oversimplification of the alternative views to your own.

      B) Claiming you have a moral footing is very different from actually having one. There are an abundance of well-established moral foundations on which you might have established your footing, but you didn't mention a single one. Instead, what you did provide was simply, "I'll believe what I want to believe and you can't convince me otherwise". Moreover, the moral discomfort you claim is undeniable would be denied by many here.

      C) You're suggesting, without providing a basis for your assertion, that we're not treating the animals with enough dignity already, despite the fact that we have ethics boards in place to review research and ensure that animals are not being harmed unnecessarily, abused, or mistreated. Researchers are held to the highest standards and don't undertake their actions lightly. The only assumption we can make from what you've said is that you believe their use in research to be contrary to maintaining their dignity, suggesting that they are due a level of dignity that is typically reserved for persons.

      D) Despite that, you acknowledge that they are not entitled to personhood. If non-persons are entitled to the dignity of personhood, then where do we stop? Are rhesus monkeys due the dignity of personhood? Rats? Leeches? Plants? Tree bark? Dirt? Water? Not only have you failed to establish a moral footing for your beliefs, you've actually established your beliefs on the side of a slippery slope.

      Again, I do think that there's a case to be made for why we shouldn't use animals in lab tests, but saying that we're entitled to our opinions and that it won't change your unexplained "moral footing" is not the way to go about making your case.

  4. Have we solved all human rights issues? by sinij · · Score: 3, Insightful

    Have we solved all human rights issues so we now moved on to grant animals personhood?

    1. Re:Have we solved all human rights issues? by jythie · · Score: 2

      Anyone who believes we do not have poor in the US has not done enough traveling. Go into some of the deep rural areas and you encounter standards of living quite similar to what you see in the news regarding Africa. It just doesn't get much press and since they are too poor to be online they do not have much of a voice themselves. But they are there.

    2. Re:Have we solved all human rights issues? by HornWumpus · · Score: 2

      Bullshit.

      You NEED to travel more.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:Have we solved all human rights issues? by j2.718ff · · Score: 2

      Have we solved all human rights issues so we now moved on to grant animals personhood?

      While I'm not disagreeing with you, I really dislike this question. Have we solved all problems on Earth that we should start exploring space? Have we solved all problems in America so we should start developing a foreign policy? Have we solved all problems in physics that we can now move on to chemistry?

      Simply put, we don't have a clear queue of problems, and probably never will. And even if we did, not all problems can be solved faster by having more people work on them, so it will always make sense to be working on multiple problems at a time.

    4. Re:Have we solved all human rights issues? by 0xdeadbeef · · Score: 2

      You're trolling, right? Because what you said is textbook stupid, an example that sounds contrived because it too perfectly illustrates the links below.

      http://en.wikipedia.org/wiki/F...
      http://rationalwiki.org/wiki/N...

  5. Hmm by koan · · Score: 2, Informative

    When it is possible to sit down with your lab "animal" and have a conversation in sign language...

    Maybe they shouldn't be a lab animal.

    --
    "If any question why we died, Tell them because our fathers lied."
    1. Re:Hmm by dinfinity · · Score: 2

      Well, 'incapable of it' is sort of a stretch. See this documentary:
      https://www.youtube.com/watch?... (around ~7:00)
      which is about this girl: http://en.wikipedia.org/wiki/G...

      There are some potential issues in this specific example, but I'd say it does show that even a severely abused/sortof feral human child is better capable of acquiring language (to some extent) than any individual of another primate species.

      Don't forget that the examples of 'having a conversation in sign language [with primates (or birds)]' are highly disputed. Even with years and years of extensive training, the prime examples involve a lot of interpretation and often cherry picking by (probably enamored, but definitely invested) researchers: http://en.wikipedia.org/wiki/K...

  6. Habeus Corpus by Anonymous Coward · · Score: 4, Interesting

    We don't even have this right for humans (sitting in Gitmo ) in this country, but they considering to grant monkeys this right? Unbelievable.

  7. How long... by gti_guy · · Score: 3, Insightful

    ... before someone tries to marry a chimp?

    1. Re:How long... by Translation+Error · · Score: 2

      Or a child! Or someone in a coma, or a corporation... Just because an entity is recognized to have some of the rights or protections of a person, it doesn't make them an actual person equal to a competent adult in the eyes of the law.

      --
      When someone says, "Any fool can see ..." they're usually exactly right.
  8. Summary is wrong by jbolden · · Score: 5, Informative

    The summary is wrong or at the very least highly misleading. What the judge did was allow the argument for chimp personhood to go forward. In other words the court did not find that chimps were unquestionably merely property. That's much weaker than deciding they are actual persons or legal persons. So yes there was a step forward for Nonhuman Rights Project (NhRP) but nowhere near as big a step as the summary implies.

  9. IRS by jfdavis668 · · Score: 5, Funny

    The IRS will now show up and demand that they file their taxes.

  10. Results may be interesting. by wvmarle · · Score: 2

    The judicial action could force the university, which is believed to be holding the chimps, to release the primates

    Release... Great idea - just tell me: how? Where?

    Usually these animals are born in the lab and live in the lab until they die, or until they go to some kind of sanctuary or zoo. For obvious reasons they can't be released anywhere in the US - it's not where chimps naturally live. Even if released in natural chimp habitats, they'd die because they can't take care of themselves, or they may even get killed by the native chimps that don't like the intruders. They are simply fully dependent on their human caretakers, and need, even deserve, proper care to live out their lives peacefully.

  11. Robert Heinlein story... by VAXcat · · Score: 2
    --
    There is no God, and Dirac is his prophet.
  12. It was New York, what did you expect? by shellster_dude · · Score: 3, Insightful

    This is nothing more than a jobs program for lawyers. They get to make millions suing various pharmaceutical companies for years. In return, your drugs cost more, and are more likely to have unknown side-effects.

  13. Plants are people, too! by argStyopa · · Score: 5, Funny

    Precisely why are we stopping at recognizing chimps as people, except some sort of gross, obvious anthropocentrism?

    Let's point out that there is an entire class of life forms on this planet that have ALSO gone through millions of years of evolution to reach where they are, and yet they are continually exploited, manipulated, and murdered on behalf of humans whims: that's right, I'm talking about plants.

    There is no question that they live, breed, and grow. There is ample evidence that they feel pain, and even communicate with each other in ways that we barely understand. In many ways, they are far more in touch with their environment than we are, yet we chop vegetables up for food, we decapitate grass by the billions every week because they had the audacity to try to flourish, heck, we RIP THEM UP BY THEIR ROOTS and chemically sterilize them simply for living in the wrong place, dismissing it by calling them "weeds". We annihilate them, and even have the gall to use their corpses for DECORATION.

    We are perpetuating a moral crime, yet nobody can be "bothered" because they don't have fur, a face, or make cute baby pictures.

    #stopthehate
    #lawnmowersaregenocide
    #christmastreeisahatecrime

    --
    -Styopa
    1. Re:Plants are people, too! by Neil+Boekend · · Score: 3, Funny

      Lawnmowers are hardly as nice as genocide. They are tools of mass torture that leave the victim alive for as long as possible, drawing out the torture for as long as possible.

      --
      Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
    2. Re:Plants are people, too! by argStyopa · · Score: 2

      http://science.howstuffworks.c...

      http://www.pri.org/stories/201...

      "ollan describes an experiment done by animal biologist Monica Gagliano. She presented research that suggests the mimosa pudica plant can learn from experience. And, Pollan says, merely suggesting a plant could learn was so controversial that her paper was rejected by 10 scientific journals before it was finally published.

      Mimosa is a plant, which looks something like a fern, that collapses its leaves temporarily when it is disturbed. So Gagliano set up a contraption that would drop the mimosa plant, without hurting it. When the plant dropped, as expected, its leaves collapsed. She kept dropping the plants every five to six seconds.

      "After five or six drops, the plants would stop responding, as if they'd learned to tune out the stimulus as irrelevent," Pollan says. "This is a very important part of learning â" to learn what you can safely ignore in your environment."

      Maybe the plant was just getting worn out from all the dropping? To test that, Gagliano took the plants that had stopped responding to the drops and shook them instead.

      "They would continue to collapse," Pollan says. "They had made the distinction that [dropping] was a signal they could safely ignore. And what was more incredible is that [Gagliano] would retest them every week for four weeks and, for a month, they continued to remember their lesson.""

      --
      -Styopa
  14. Re:Chimp interview ... by gstoddart · · Score: 2

    Yep. Wisdom, logic and reasoning are just no fun. Goooooooooooo team!

    So can chimps now be arrested? Sued? Hold a job? Pay taxes? Get married? (Would it be ok if the chimps didn't do same sex marriage?) Hell, if they're legal persons, what's the age of consent for a chimp?

    Either you define the rights and obligations which come from being a "legal person", or you are just making shit up as you go, and then you have a legal system based on nothing which can be interpreted.

    Unless you clarify and codify a LOT of things as a result of this, what you have is a stupid decision which exists in a vacuum.

    So if dogs suddenly became legal persons, would it be illegal to put stray dogs in the pound without a court hearing? Because, that's where we get with a habeus corpus ruling which applies to animals.

    This is the end game for entities like PETA, where animals are legally recognized as "people" .. but PETA is full of people who wouldn't understand logic if it bit them in the ass, and opens a whole slew of problems which nobody has answers for.

    Your honor, I submit that this cow, hereafter referred to as Bessie has not consented to be in a feed lot and would prefer to live in her natural environment. What's that? A modern cow has no natural environment because it only exists because we keep them?

    Sorry, but this judge has either decided to open up a can of worms he hasn't even begun to understand, or he's an idiot who has been hoodwinked by a grandiose legal argument.

    --
    Lost at C:>. Found at C.
  15. Sanctuary? by morgauxo · · Score: 4, Interesting

    They are people being unlawfully detained so the fix is to send them to a sanctuary? Wouldn't that be like sending groups of humans to reservations? What's next? Smallpox bedding?

    Obviously they can't be left to just roam the city. Maybe that's a clue that they are still animals...

  16. What did the chimps ask? by Anonymous Coward · · Score: 5, Funny

    Take your stinking paws off me you damned dirty ape!

  17. To set the record straight by RivenAleem · · Score: 4, Informative

    For the most part we don't use their whole corpse as decoration, just their genitals.

  18. Re:Chimp interview ... by jythie · · Score: 2, Interesting

    WTF is the definition of legal person at this point?

    Well, this is something we are constantly reexamining. Over the last century and a half we moved women, blacks, and children from the 'not person' to 'person' category, with children still holding restricted rights. As we learn more and more about brains, as a society we have to ask some rather difficult questions. Originally black people were not considered 'people' due to the belief their brains were more 'animal than man', which turned out to be BS. Today we are, bit by bit, discovering that quite a few animals are closer to us in awareness than we used to believe, often with more awareness than individual humans that are protected. Over the next century, the definition will probably continue to shift, though the final push, like so many cases of rights, will probably come from economic forces rather than ethical ones. As long as there is so much profit to be made, they will continue to be animals. When that fades away, people will magically decide that they were people all along and how horrible we were in the past for thinking otherwise.

  19. Re:Chimp interview ... by jythie · · Score: 2

    Yep. Wisdom, logic and reasoning are just no fun. Goooooooooooo team!

    So can chimps now be arrested? Sued? Hold a job? Pay taxes? Get married? (Would it be ok if the chimps didn't do same sex marriage?) Hell, if they're legal persons, what's the age of consent for a chimp?

    Either you define the rights and obligations which come from being a "legal person", or you are just making shit up as you go, and then you have a legal system based on nothing which can be interpreted.

    This is not really the case though. Our legal system has quite a bit in place already for handling those who are 'people' but do not have full rights and obligations. The biggest group would be children, who have a reduced set of rights and responsibilities, but still have personhood when it comes to legal protections and processes. This is also true for people with significant mental handicaps and people unable to communicate (such as being in a coma).

    So we already have ample precedent for this type of legal status, and it already extends to humans who are less aware and intelligent than some animals, who are simply grandfathered in due to their parents having such rights.

  20. Lack of geniuses is a problem. by Overzeetop · · Score: 2

    There are plenty of humans who would volunteer for tests with full knowledge and understanding of the risks.

    You are vastly overestimating the ability for even the average human to assess such risks, much less a significant majority of the population.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Lack of geniuses is a problem. by tnk1 · · Score: 2

      Having known people who have been in human trials, I can tell you that there is a big difference between an average drug you take which has been FDA approved, and one you might be fed in a clinical trial. Lots of side effects crop up in trials, some which can be dealt with by changes to recommended dosage or formulation, but others which send the drug back to the drawing board entirely.

      I'm kind of bummed that *anything* human or higher animal has to be subjected to that kind of testing, but it is what it is until we can develop simulations that can adequately do the job. I would not want us to settle on only human testing, though.

  21. Re:Do they have any real rights? by HornWumpus · · Score: 2

    Dolphins are about as smart as pigs. The extra grey matter is sonar processing. Functional MRI has removed the mystery.

    You'd think a place like /. would have put away this long dis-proven assertion. The guy that first asserted dolphins were as smart as people was on acid at the time and failed to teach them human language or to learn dolphin. Didn't matter how much acid he did, they still didn't talk.

    Good gig if you're into that kind of thing.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  22. Re:Catch 22 by HornWumpus · · Score: 2

    Chomsky is that you?

    You know the answer is no. Even if language isn't wired into the brain (as it currently looks) human children develop language by observation and emulation.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  23. In other news ... election of animals by debrain · · Score: 2
  24. Re:Catch 22 by HornWumpus · · Score: 3, Interesting

    Single feral children don't talk. But groups of children, held in isolation without any language contact, develop their own invented language.

    The Catholics did it in the middle ages. Apparently they expected the kids to spontaneously start speaking Hebrew. Experiment couldn't be ethically repeated today.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  25. Chimps are corporations? by mveloso · · Score: 2

    People mocked the idea that corporations are essentially people. And yet here we are, giving the same rights to chimps.