| | | | | | rather than persons. For Wise, that |
| | | | | same conceptual progress must now |
| | | | | lead us beyond the human realm. |
| | | 5 | | [id:83538] is that chimps and |
| | | | | bonobos are so close to us |
| | | | | intellectually that it is absurd to deny |
| |
| | | | them personhood. Wise is a lawyer so |
| | RATTLING THE CAGE: Towards | | | | it is perhaps understandable that he |
| | Legal Rights for Animals | | | | reads here as if he is on somewhat |
| | by Steven M Wise | | | | shakier ground. He is relying on the |
| |
| | | | expertise of others and that expertise |
| | BRYAN APPLEYARD | | | | is widely disputed. Steven Pinker, for |
| | | | | | example, in his book The Language |
1 | | On a simple numerical basis, humans | | | | Instinct poured scorn on the claims |
| | probably now treat animals worse | | | | being made for the use of language by |
| | than they have ever done before. | | | | chimpanzees. And, Wise notes, there |
| | Overwhelmingly intensive farming | | | | is fierce and irrational resistance |
| | and agribusiness are the main | | | | among many scientists to the idea |
| | culprits, rearing millions of chickens, | | | | that the numerous complex |
| | cattle and pigs in conditions of | | | | experiments with chimps have |
| | technologically refined torture. More | | | | proved their ability to employ |
| | ambiguously, there are the cruelties | | | | language. |
| | inflicted by scientific research which | | 6 | | At one level, Wise is right to be |
| | may or may not be justified in the | | | | suspicious of this prejudice. There is |
| | name of human progress. You do not | | | | so much evidence of language-like |
| | have to be a fanatic to accept the | | | | capabilities in chimps and so little |
| | truth that modern man is a uniquely | | | | consensus on what language is - an |
| | vicious landlord of the living world. | | | | aspect of consciousness or |
2 | | In order to change this, we have | | | | consciousness itself - that it is |
| | to evolve a new morality strong | | | | foolish to dismiss the idea of chimp |
| | enough to persuade us, first, that cutprice | | | | language. Furthermore, Pinker is all |
| | food is not an absolute | | | | too plainly defending a dubious |
| | requirement and, second, that human | | | | theory that he derived from Chomsky |
| | benefit cannot necessarily justify any | | | | - that humans have a specific |
| | level of laboratory cruelty. In | | | | "language organ" in the brain. |
| | practice, this morality already exists | | 7 | | But, at another level, Wise's |
| | at the intuitive level - most people | | | | evidence can be read both ways. He |
| | are revolted when they hear of the | | | | writes, for example, of the |
| | realities of intensive farming or | | | | similarities of ape and human brains. |
| | animal experimentation. But, plainly, | | | | But, almost in passing, he mentions |
| | intuition alone isn't working. It isn't | | | | that the human brain is three times |
| | working in the realm of agriculture | | | | larger, commenting that this "almost |
| | and, most alarmingly, it isn't working | | | | certainly makes no difference when |
| | at the environmental level. Species | | | | such vast numbers (of neurons) are |
| | extinction and with it the irrevocable | | | | involved". There is no scientific basis |
| | damage to our protective cocoon of | | | | for this remark - indeed, it is almost |
| | biodiversity continue. Even our | | | | certainly wrong. Wise occasionally |
| | closest biological relatives - | | | | quotes from Terrence Deacon, |
| | chimpanzees and bonobos ("pygmy | | | | perhaps the finest of living scientific |
| | chimps") - are now facing | | | | writers, but he does not refer to |
| | destruction. The solution proposed | | | | Deacon's primary view that language |
| | by Steven M Wise, who teaches | | | | caused a one-off evolutionary |
| | animal-rights law at Harvard, is the | | | | expansion in the human brain. Such a |
| | extension of human-rights law to the | | | | view would plainly tend to support |
| | animal realm. This book argues that, | | | | the idea that humans are, indeed, |
| | as a start, we should accord legal | | | | fundamentally different. |
| | personhood to chimps and bonobos, | | 8 | | Furthermore, although Wise |
| | safeguarding bodily integrity and | | | | undoubtedly makes a good case, on |
| | liberty. | | | | the basis of science, for human |
3 | | The argument is twofold: legal | | | | beings to show special concern for |
| | and scientific. Both sides of the case | | | | chimpanzees and many other animals |
| | are based on the Darwinian insight | | | | of high intelligence, he does not |
| | that all life is ultimately one. We are | | | | finally prove that we should extend to |
| | all joined by evolution and its | | | | them the right of personhood. |
| | messenger, DNA. For Wise this | | | | Certainly chimps have a culture, even |
| | insight [id:83535] the strict division | | | | a politics, and probably have |
| | between humans and animals and the | | | | linguistic skills. But what is clear |
| | ancient conviction that man is the | | | | from all the evidence is how far short |
| | master of a creation that was | | | | of the human all these attributes are. |
| | designed for his benefit. | | | | There isn't a chimp Shakespeare, |
4 | | On the legal side, Wise conducts a | | | | there isn't even a chimp Alastair |
| | fairly brutal assault on the common | | | | Campbell, and there never will be. |
| | law that enshrines the human-animal | | 9 | | Wise also undermines his |
| | division. Common law, he says, | | | | position by bringing in the issue of |
| | "values the past for merely having | | | | proportionality. Chimps are |
| | been". It preserves old | | | | obviously different from earthworms |
| | misconceptions such as the pre- | | | | and, for him, that is exactly why they |
| | Darwinian, anthropocentric view of | | | | should be accorded special status. |
| | nature. Yet it has already been | | | | But proportionality again draws |
| | subject to violent change. Prior to the | | | | attention to how different humans |
| | Nuremberg trials in 1945, nothing | | | | are and to the fact that, by any |
| | protected the citizen from barbaric | | | | imaginable standards, they are |
| | assaults by states on what we now | | | | indeed the summit of creation. |
| | consider to be universal human | | | | Chimps are not currently wondering |
| | rights. Now we accept that there are | | | | whether they should accord us ape |
| | limits to the state's ability to redefine | | | | rights. |
| | the law for its own purposes. And the | | 10 | | This paragraph has been left out. |
| | ending of slavery established that it | | | | (see item 17) |
| | was simply not possible legally to | | | | |
| | define some human beings as things | | | | The Sunday Times, 2002 |