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Practical English final test I variant.
Animals and the law
In the 3rd or 4th century CE, the Roman jurist Hermogenianus wrote, “Hominum causa omne jus constitum” (“All law was established for men’s sake”). Repeating the phrase, P.A. Fitzgerald’s 1966 treatise Salmond on Jurisprudence declared, “The law is made for men and allows no fellowship or bonds of obligation between them and the lower animals.” The most important consequence of this view is that animals have long been categorized as “legal things,” not as “legal persons.” Whereas legal persons have rights of their own, legal things do not. They exist in the law solely as the objects of the rights of legal persons—e.g., as things over which legal persons may exercise property rights. This status, however, often affords animals the indirect protection of laws intended to preserve social morality or the rights of animal owners, such as criminal anticruelty statutes or civil statutes that permit owners to obtain compensation for damages inflicted on their animals. Indeed, this sort of law presently defines the field of “animal law,” which is much broader than animal rights because it encompasses all law that addresses the interests of nonhuman animals—or, more commonly, the interests of the people who own them.
A legal thing can become a legal person; this happened whenever human slaves were freed. The former legal thing then possesses his own legal rights and remedies. Parallels have frequently been drawn between the legal status of animals and that of human slaves. “The truly striking fact about slavery,” the American historian David Brion Davis has written, is the
The American jurist Roscoe Pound wrote that in ancient Rome a slave “was a thing, and as such, like animals could be the object of rights of property,” and the British historian of Roman law Barry Nicholas has pointed out that in Rome “the slave was a thing…he himself had no rights: he was merely an object of rights, like an animal.”
In the late 18th and early 19th centuries, humanitarian reformers in Britain and the United States campaigned on behalf of the weak and defenseless, protesting against child labour, debtor’s prisons, abusive punishment in public schools, and, inevitably, the cruel treatment of animals. In 1800 the most renowned abolitionist of the period, William Wilberforce, supported a bill to abolish bull- and bearbaiting, which was defeated in the House of Commons. In 1809 Baron Erskine, former lord chancellor of England, who had long been troubled by cruelty to animals, introduced a bill to prohibit cruelty to all domestic animals. Erskine declared that the bill was intended to “consecrate, perhaps, in all nations, and in all ages, that just and eternal principle which binds the whole living world in one harmonious chain, under the dominion of enlightened man, the lord and governor of all.” Although the bill passed the House of Lords, it failed in the House of Commons. Then, in 1821, a bill “to prevent cruel and improper treatment of Cattle” was introduced in the House of Commons, sponsored by Wilberforce and Thomas Fowell Buxton and championed by Irish member of Parliament Richard Martin. The version enacted in 1822, known as Martin’s Act, made it a crime to treat a handful of domesticated animals—cattle, oxen, horses, and sheep—cruelly or to inflict unnecessary suffering upon them. However, it did not protect the general welfare of even these animals, much less give them legal rights, and the worst punishment available for any breach was a modest fine. Similar statutes were enacted in all the states of the United States, where there now exists a patchwork of anticruelty and animal-welfare laws. Most states today make at least some abuses of animals a felony. Laws such as the federal Animal Welfare Act (1966), for example, regulate what humans may do to animals in agriculture, biomedical research, entertainment, and other areas. But neither Martin’s Act nor many subsequent animal-protection statutes altered the traditional legal status of animals as legal things.
This situation changed in 2008, when the Spanish national parliament adopted resolutions urging the government to grant orangutans, chimpanzees, and gorillas some statutory rights previously afforded only to humans. The resolutions also called for banning the use of apes in performances, harmful research, and trading as well as in other practices that involve profiting from the animals. Although zoos would still be allowed to hold apes, they would be required to provide them with “optimal” living conditions.
In 2013 the Nonhuman Rights Project (NhRP) filed petitions in three trial courts in the state of New York demanding that common law writs of habeas corpus be issued on behalf of four captive chimpanzees—Tommy, Kiko, Hercules, and Leo. The petitions implicitly asked that the courts recognize that chimpanzees are legal persons who possess the fundamental legal right to bodily liberty. After all three petitions were denied, the cases moved to the New York state appellate courts, where two of the petitions (on behalf of Tommy and Kiko) were rejected on differing grounds and the third (on behalf of Hercules and Leo) was thrown out for lack of the right to appeal. The NhRP then indicated its intention to appeal Tommy’s and Kiko’s cases to New York’s highest court, the Court of Appeals, and to refile Hercules and Leo’s petition in another jurisdiction. Meanwhile, the organization prepared to file additional lawsuits on behalf of other chimpanzees and elephants.
Steven M. Wise
ANIMAL RIGHTS: DEFINITION, ISSUES, AND EXAMPLES
THL Dec 17, 2020
The idea of giving rights to animals has long been contentious—but a deeper look into the reasoning behind the philosophy reveals ideas that aren’t all that radical. Animal rights advocates attempt to distinguish animals from inanimate objects, as they are so often considered by exploitative industries and the law.
The animal rights movement strives to make the public aware of the fact that animals are more sensitive, emotional, and intelligent than people have previously believed. But first, it’s important to understand what the term "animal rights" really means.
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