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vintagepurple
Jan 31, 2014

by Nyc_Tattoo

Rexicon1 posted:

Can we all at least agree that just because a thing does an action like people do, does not make them people?

This is true in general, but in the case of, for example, elephants and their, well, funerary rites, I think we really need to look into it. What evolutionary purpose at all is served by retrieving, burying, and visiting the graves of dead elephants? They've even been known to go into danger for it. "Leave no pachyderm behind."

If I remember right there's also elephants that have paid tribute to dead humans.

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Fojar38
Sep 2, 2011


Sorry I meant to say I hope that the police use maximum force and kill or maim a bunch of innocent people, thus paving a way for a proletarian uprising and socialist utopia


also here's a stupid take
---------------------------->

Rorac posted:

Elephants in particular are capable of creating art

This claim is unfalsifiable because we don't know what art is. For all we know the elephant was just flailing paint at random because it made the "flail around in a particular way = get rewarded" calculation in its brain, rather than any sort of attempt at self expression.

mobby_6kl
Aug 9, 2009

by Fluffdaddy
Why would you hold elephants to a higher standard than human artists?

Who What Now
Sep 10, 2006

by Azathoth

Fojar38 posted:

This claim is unfalsifiable because we don't know what art is. For all we know the elephant was just flailing paint at random because it made the "flail around in a particular way = get rewarded" calculation in its brain, rather than any sort of attempt at self expression.

Well, more the "follow directions as given by the trainer = don't get beaten" calculation in its brain.

Mata
Dec 23, 2003

mobby_6kl posted:

Why would you hold elephants to a higher standard than human artists?


Whether or not elephant art is "true art", or if animal pain is "real pain" don't seem like important questions here.
Exaggerating the differences between humans and non-humans is a way of rationalizing how little we value non-human life.
What's relevant is to what degree animals desire freedom from pain, freedom of movement, and community with its peers. Does anyone really think apes do not desire these things?

Who What Now
Sep 10, 2006

by Azathoth

Mata posted:

Whether or not elephant art is "true art", or if animal pain is "real pain" don't seem like important questions here.
Exaggerating the differences between humans and non-humans is a way of rationalizing how little we value non-human life.
What's relevant is to what degree animals desire freedom from pain, freedom of movement, and community with its peers. Does anyone really think apes do not desire these things?

Whether or not something is art is pretty drat important to determining if an animal is capable of producing art. Beyond that I'm not sure what you're getting at because my only point was that elephant painting is an abhorrent practice that involves abusing an animal.

Cockmaster
Feb 24, 2002
Well, here's an interesting development:

http://www.wired.com/2014/12/orangutan-personhood/

quote:

An orangutan named Sandra has become the first non-human animal recognized as a person in a court of law.

The Association of Officials and Lawyers for Animal Rights, an animal advocacy group, had asked Argentine courts recognize the 28-year-old great ape’s right to freedom from unjust imprisonment.

On Friday, an appeals court declared that Sandra, who is owned by the Buenos Aires Zoo, is a “non-human person” who has been wrongfully deprived of her freedom.


Sandra, who was born in German zoo and sent to Argentina two decades ago, at an age when wild orangutans are still living at their mother’s side, won’t be given complete freedom.

Having lived her entire life in captivity, Sandra likely could not survive in the wild. Instead, if the zoo does not challenge the decision within 10 working days, Sandra will be sent to a sanctuary in Brazil.

“This opens the way not only for other Great Apes, but also for other sentient beings which are unfairly and arbitrarily deprived of their liberty in zoos, circuses, water parks and scientific laboratories,” said lawyer Paul Buompadre, one of the activists who filed the suit, to the La Nacion newspaper.

The decision may have ramifications for other great apes. In the United States, a group called the Nonhuman Rights Project is currently seeking similar rights for four privately-owned chimpanzees in New York state.

According to the Nonhuman Rights Project, chimpanzees deserve rights—not full human rights, but at least a few basic ones—because they are so similar to humans.

They’ve so far been unsuccessful. Their latest court defeat came in early December, when a New York appeals court argued that, regardless of their intelligence or feelings, chimpanzees can’t fulfill the social obligations expected of anyone with rights.

The Argentine court, however, made no mention of social duties. Sandra is simply enough like a human person to be considered a person, they ruled.

“We intend to bring the Argentine case to the attention of the New York appellate courts immediately,” said Nonhuman Rights Project founder Steven Wise in a statement. “We believe it will assist the courts in reaching a similar conclusion for our chimpanzee plaintiffs.”

There's a link to a Google Translate of a local news site. It looks like they may be offering a bit more detail on the rationale behind the ruling, but the machine translation makes it kind of challenging to understand.

And is there actually any possibility of this ruling affecting US court cases on the matter?

DrSunshine
Mar 23, 2009

Did I just say that out loud~~?!!!

Cockmaster posted:

Well, here's an interesting development:

http://www.wired.com/2014/12/orangutan-personhood/


There's a link to a Google Translate of a local news site. It looks like they may be offering a bit more detail on the rationale behind the ruling, but the machine translation makes it kind of challenging to understand.

And is there actually any possibility of this ruling affecting US court cases on the matter?

Huh, that's fascinating! Although I'm pretty doubtful that the outcomes of this ruling will affect US court cases, as Argentina's laws have nothing to do with the US's, it still could be used as another example by like-minded campaigners to get the word out about the cause.

Twelve by Pies
May 4, 2012

Again a very likpatous story
Campaigners for that stuff in the US are going to have a hard time getting support when this country still has a lot of people that believe abortion is murder and will flip out at the idea of "So we're willing to give ANIMALS the same rights as people but not a human fetus?"

Woolie Wool
Jun 2, 2006


For me the contradictions inherent in giving human rights to the mentally incompetent are irrelevant. We give rights to such people because of irrational human sentiments that cannot be ignored and the potential for people with a different kind of irrational sentiment (prejudice) to take away the rights of healthy individuals (see the history of lobotomy or :godwinning:). Trying to be all beep boop logical about it leads you into Peter Singer territory.

And we give personhood to babies because babies become adults.

VitalSigns
Sep 3, 2011

If irrational sentiment is a good reason for doing things, then what's the argument against giving apes rights if our irrational sentiments are in favor?

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Woolie Wool
Jun 2, 2006


Humans giving preferential treatment to other humans seems pretty much universal. A blanket personhood is applied to humans because we can't accept the logical consequences as a society and we shouldn't accept what unethical people will use the revocation of human rights of mentally incompetent humans as an excuse for (again, look up lobotomy. Rebellious teenagers got declared insane so their brains could be carved up). Legal insanity is necessarily but on dangerous ethical ground already, making the mentally incompetent into unpersons would is unacceptable.

These cases are exceptions to the rule that a person is an agent capable of consenting to and abiding by the social contract. Animals cannot follow the social contract and the dividing line between H. sapiens and the rest is absolutely clear, unlike trying to compare the sanity or intelligence of different humans, which is murky and ethically treacherous.

Woolie Wool fucked around with this message at 21:07 on Dec 24, 2014

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