Wednesday, August 30, 2017

Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Mar 11, '17, 1:48 pm
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Default Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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When Steve Wise first started out as an animal rights lawyer, people used to bark at him when he entered a courtroom.

For more than 25 years, Wise has been arguing that animals who have cognitive complexities similar to humans should be legally endowed with basic rights of autonomy.

Now when he enters a courtroom, no one is barking.
http://www.nbcnews.com/news/us-news/...upreme-n731431
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Old Mar 11, '17, 2:02 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by _Abyssinia View Post
Can an ape choose evil?

Can an ape philosophize over the nature of the universe? Figure out a question of philosophy and provide an answer?

(Just to say, maybe one day we will learn to "talk" to animals in their own "language." Who knows? IF they have a language and can think like we can. Unknowns abound.)

They can suffer, yes, but so can plants.

We just can't hear them (the plants).

So no, they are not a Person.

MY opinion, of course.

Last edited by OrdinaryMelkite; Mar 11, '17 at 2:15 pm.
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Old Mar 11, '17, 2:12 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

They do not have human cognition. They can never be classified as persons. They are wild animals by definition.




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Old Mar 11, '17, 5:10 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Animals have no duties and are inherently incapable of understanding the nature of duty. Therefore they have no rights.
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Old Mar 11, '17, 6:01 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Only if they pay taxes.
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Old Mar 11, '17, 6:06 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Only if they pay taxes.
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Old Mar 11, '17, 6:22 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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What a waste.
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Old Mar 11, '17, 6:33 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

The way those apes treated Charlton Heston was just terrible.
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Old Mar 11, '17, 6:45 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

If this country admits other species to personhood, it deserves to decline.

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Old Mar 11, '17, 6:54 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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If this country admits other species to personhood, it deserves to decline.

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Old Mar 11, '17, 7:28 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Will the ape achieve legal protection as a "person" before the human fetus will?
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Old Mar 11, '17, 7:41 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Will the ape achieve legal protection as a "person" before the human fetus will?
Probably.

And dolphins, and whales and baboons, etc., etc., ad nauseum.

Thirty-first century Ancient America historians will scratch their head profusely........

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Old Mar 11, '17, 8:53 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by starshiptrooper View Post
Animals have no duties and are inherently incapable of understanding the nature of duty. Therefore they have no rights.
Uh...please don't base whether or not one deserves rights on whether or not on has an understanding of "duty".

1) it is very easily argued that many animals DO have an understanding of duties. Look at the roles of individuals in any community-based species. It's easily observable and argued. The fact is many DO have duties, and their U derstanding of the concept is debatable depending on the animal behavioral ecologist you ask. When a dog barks at the mailman it is out of a sense of duty to protect it's "pack", even if it is nothing more than an annoyance to us. On the other hand, a service dog / seeing eye dog / search and rescue dog / police dog may not understand it's role as a "duty", yet it is providing a "duty" to humans as a loyal companion. Look at the "duties" chimpanzees provide to their communities in the wild. The lionesses in a pride of lions.

2) there are many individual humans who DO NOT have a sense of duty, contribute to society, nor have an understanding of it. This applies to the unborn, the mentally ill, those with severe traumatic brain injuries, the terminally ill in hospice who cannot care for themselves...even perhaps the rebellious teenager who refuses to do chores, and only plays video games all day long..and many more. It is a very dangerous and slippery slope to begin to make the arguement you are trying to make. Use caution.
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Old Mar 11, '17, 8:58 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by starshiptrooper View Post
Animals have no duties and are inherently incapable of understanding the nature of duty. Therefore they have no rights.
Do severely mentally disabled people have rights?
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Old Mar 11, '17, 10:07 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

I think part of the problem with modern society is framing values in terms of individual entitlements known as "rights". People have this weird idea that the only way to protect someone or something is to claim it has inherent "rights". It is possible to protect animals from cruelty by simply saying it is wrong and forbidding it as going contrary to the values of modern society. But "rights" have people convinced that the society has no right to ban things simply from its shared sense of right and wrong.

And what would a "right to autonomy" do for the chimpanzee? How could a chimpanzee participate in human society? Would it be treated like a baby? The point is to stop people who treat animals poorly, (and not animaks who treat other animals poorly) so why not just ban the harmful practices? 
Mar 11, '17, 10:19 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Do severely mentally disabled people have rights?
Irrelevant, you are comparing a person with a defect to a fully functioning animal. This is apples to oranges at its finest.
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Old Mar 11, '17, 10:39 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by starshiptrooper View Post
Irrelevant, you are comparing a person with a defect to a fully functioning animal. This is apples to oranges at its finest.
Yes, developmentally disabled persons (that's the current correct terminology, to the best of my knowledge) have rights. They are still "persons." As is the human fetus.
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Old Mar 11, '17, 10:42 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Ginny89 View Post
I think part of the problem with modern society is framing values in terms of individual entitlements known as "rights". People have this weird idea that the only way to protect someone or something is to claim it has inherent "rights". It is possible to protect animals from cruelty by simply saying it is wrong and forbidding it as going contrary to the values of modern society. But "rights" have people convinced that the society has no right to ban things simply from its shared sense of right and wrong.

And what would a "right to autonomy" do for the chimpanzee? How could a chimpanzee participate in human society? Would it be treated like a baby? The point is to stop people who treat animals poorly, (and not animaks who treat other animals poorly) so why not just ban the harmful practices?
And what of those aggressive chimpanzees who randomly attack other chimpanzees? Aren't they violating the civil rights of the other chimpanzees?
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Old Mar 11, '17, 11:38 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

I think the courts can make a distinction in how different kinds of animals can be treated. For example, killing an ant is not the equivalent of killing a chimpanzee. I think most of us already instinctively understand this. In fact, killing a dog is already a crime in many parts of the world, and yet no court would condemn pest control companies as murderers.

But personhood? I don't think this is would muddy the waters even further and blur the lines between humans, animals and the general concept of identity overall. If they manage to label an ape a "person", can you imagine the courts denying a human person the "right" to marry an ape "person"??

This is a continuing trend of trying to erase distinctions between woman and man, and man and beast. The materialists have been saying that we're just "advanced animals" for a long time. And I've had people tell me that ants have equal dignity to human beings. They are no longer able to make proper distinctions, because they have no spiritual ground to anchor themselves to. If there is no God, then you can assign any value you want to anything, for there is no all-good, all-powerful creator, and thus no objective value to anything.

I think there should be an appropriate respect for God's creatures and there should be some punishment for clear cut cases of animal cruelty, but not to micro-manage people's lives nor to erroneously put animals at the level of human beings.
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Old Mar 11, '17, 11:39 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

What sort of monkey business is this?

I certainly hope other countries do not ape such initiatives.
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Old Mar 12, '17, 5:20 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Well, just don't treat them badly or use them as experiments, so that next time when the table is turned and they rule over us, they do not have a reason to treat us badly.
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Old Mar 12, '17, 5:22 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Faithdancer View Post
Will the ape achieve legal protection as a "person" before the human fetus will?
Now, this was my question!!!
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Old Mar 12, '17, 5:45 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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What sort of monkey business is this?

I certainly hope other countries do not ape such initiatives.
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Old Mar 12, '17, 5:56 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

To be honest with the article, I sympathize with what he's doing to a point in trying to have a more humane attitude towards chimpanzees and other animals with higher intelligence amongst non-sentients. Where I disagree with getting them rights, even non-human person rights, though redefining the boundaries of animal cruelty could be more workable nd realistic IMO.
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Old Mar 12, '17, 6:18 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Will the ape achieve legal protection as a "person" before the human fetus will?
Spot on!
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Old Mar 12, '17, 6:58 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Well, just don't treat them badly or use them as experiments, so that next time when the table is turned and they rule over us, they do not have a reason to treat us badly.
That would not happen unless our descendants all lose their cognitive mind; and if that occurred the resulting beings would not care about being ruled by apes.

I, for one, care zip about the animal cause. I will miss my dog for ever; but if Japanese choose to eat dolphin, or if biomedical laboratories in our country feel the need to work on chimpanzees, that is no skin off of me. My emotional capacity is limited.

Excusez-moi, PETA and Co., I'm headed to the steakhouse.

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Old Mar 12, '17, 7:34 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by _Abyssinia View Post
The problem started when we shifted from a "duty-based" ethic to a "rights-based" ethic 100s of years ago. All the ancient cultures were "duty-based" and rights were seen as the reciprocal side of duties. The 10 Commandments are duty-based, as is Hindu dharma.

Once we consider persons as detached, independent monads with rights, but no duties (Enlightenment thinking), that's where the problem arises.

Then we have to go on to ensure rights to women, children, other races, animals, plants, the land, etc. See Wild Law - https://en.wikipedia.org/wiki/Wild_law

That's fine within our current context and I'm for rights for all (even tho I understand that those with more power & money are able to press for their rights much better & effectively).

Also, the duty-based cultures had their downsides, so I'm not saying we should go back to that. Though it would be good to bring more of a duty-based ethic back, especially now that science and social sciences tell us we are not independent monads but interconnected and interdependent with other people and the environment.
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Old Mar 12, '17, 10:55 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Faithdancer View Post
Will the ape achieve legal protection as a "person" before the human fetus will?
Apes could conceivably get legal personhood rights before unborn children do.
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Old Mar 12, '17, 11:12 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

No, apes do not deserve personhood rights.
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Old Mar 12, '17, 11:53 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by starshiptrooper View Post
Irrelevant, you are comparing a person with a defect to a fully functioning animal. This is apples to oranges at its finest.
I was just pointing out that there are some issues with how you define who is worthy of having rights. Clearly severely mentally ill people often don't have duties and are often incapable of understanding them. By your logic they should not have any rights.

Mar 12, '17, 12:02 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Regular Atheist View Post
I was just pointing out that there are some issues with how you define who is worthy of having rights. Clearly severely mentally ill people often don't have duties and are often incapable of understanding them. By your logic they should not have any rights.
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Old Mar 12, '17, 12:11 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Regular Atheist View Post
Do severely mentally disabled people have rights?

You'll have to find the research related to ape psychology first. Apes cannot write, operate machinery or perform any other complex tasks humans do. Give one an apartment and see what happens.

The question and suggested answer have no merit.



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Old Mar 12, '17, 12:22 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

This idea of animals as persons is a Benthamite Utilitarian philosophic idea.

Utilitarian philosophy is the basis of modern Philosophy of Law.

Given the way the legal system works, the ape will have his day of justice before the Supreme Court of the State of New York Appellate Division and be granted its rights because Bentham said it must be so and suffering of both man and beast must be minimized where possible:

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The French have already discovered that the blackness of the skin is no reason a human being should be abandoned without redress to the caprice of a tormentor. It may one day come to be recognised that the number of the legs, the villosity of the skin, or the termination of the os sacrum are reasons equally insufficient for abandoning a sensitive being to the same fate. What else is it that should trace the insuperable line? Is it the faculty of reason or perhaps the faculty of discourse? But a full-grown horse or dog, is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day or a week or even a month, old. But suppose the case were otherwise, what would it avail? The question is not, Can they reason? nor, Can they talk? but, Can they suffer?

----Jeremy Bentham (1748-1832)
https://en.wikipedia.org/wiki/Jeremy...#Animal_rights

This, unfortunately, is what we are up against in Anglo and American jurisprudence.
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Old Mar 12, '17, 12:44 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by edwest2 View Post
You'll have to find the research related to ape psychology first. Apes cannot write, operate machinery or perform any other complex tasks humans do. Give one an apartment and see what happens.

The question and suggested answer have no merit.



Ed
The question and suggested answer were regarding "duty", not one's ability to operate machinery or perform complex tasks.

The question and suggested answer retain their merit.
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Old Mar 12, '17, 1:24 pm
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Question Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by _Abyssinia View Post
Apes could conceivably get legal personhood rights before unborn children do.
For some reason I just flashed on Hieronymus Bosch. The right panel of "The Garden of Earthly Delights" in particular.
It makes me mournful, in the 2nd Beatitude sense.
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Old Mar 12, '17, 1:37 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by edwest2 View Post
You'll have to find the research related to ape psychology first. Apes cannot write, operate machinery or perform any other complex tasks humans do. Give one an apartment and see what happens.

The question and suggested answer have no merit.
But there are people incapable of doing all of those things, and we still view them as being worthy of having rights.
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Old Mar 12, '17, 2:19 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Regular Atheist View Post
But there are people incapable of doing all of those things, and we still view them as being worthy of having rights.
Which is why the physical human species is a good boundary around "personhood." Expand that even minorly to the animal side and arguments will be made to retract it from the human side.

Best not push the snowball to begin with.

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Old Mar 12, '17, 2:27 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by GEddie View Post
Which is why the physical human species is a good boundary around "personhood." Expand that even minorly to the animal side and arguments will be made to retract it from the human side.

Best not push the snowball to begin with.
Why would expanding the concept of personhood to animals mean taking rights away from people?
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Old Mar 12, '17, 2:29 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by GEddie View Post
Which is why the physical human species is a good boundary around "personhood." Expand that even minorly to the animal side and arguments will be made to retract it from the human side.

Best not push the snowball to begin with.

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Old Mar 12, '17, 2:34 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Regular Atheist View Post
Why would expanding the concept of personhood to animals mean taking rights away from people?
The point for me is, how on earth can the ape be even remotely considered as a legally defined person, when the unborn human being is not?
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Old Mar 12, '17, 2:36 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Animals are not persons. My dog is not a person even though he exhibits certain traits and responds to me on an animal level. This is just more nonsense funded by a person or persons unknown.

The same nonsense that was tried and failed in Austria.




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Old Mar 12, '17, 2:52 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Regular Atheist View Post
I was just pointing out that there are some issues with how you define who is worthy of having rights. Clearly severely mentally ill people often don't have duties and are often incapable of understanding them. By your logic they should not have any rights.
You deliberately left out the word 'inherently'. You are good at destroying a strawman though.
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  #43  
Old Mar 12, '17, 3:26 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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I was just pointing out that there are some issues with how you define who is worthy of having rights. Clearly severely mentally ill people often don't have duties and are often incapable of understanding them. By your logic they should not have any rights.
Mostly incorrect. Almost no mentally ill people have no sense of duty at all. Even psychopaths know right from wrong, they just don't connect with it emotionally.
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Old Mar 12, '17, 3:51 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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You deliberately left out the word 'inherently'. You are good at destroying a strawman though.
That changes little. Any human in a vegetative state is also "inherently" incapeable. Any fetus is "inherently" incapeable of understanding duty as well. In fact, we could possibly even make the arguement any human is "inherently" incapeable of understanding duty until reaching the age of reason. He did not build or destroy a strawman. Whether anyone believes an animal should be defined as a person or not, you're definition was not only faulty but capeable of heading down a dangerous path. A different standard would need to be made than a measure of "duty" and "understanding the concept of duty".

Any standard that uses a measure of cognition or ability is "inherently" flawed. Biologists are frequently discovering that animals (especially primates and some birds) are more skilled and able to understand more complexity, and even communicate it to eachother than previously given credit for. As with any science, the field of animal behavior is "evolving", new techniques for research are being used and new discoveries are being made all the time, and could completely flip what we think we know about them on it's head in a few years (or less).

Perhaps a statement like "only those with a human soul should have rights" would work, but duty and understanding of duty does not work. At the end of the day "personhood" as far as we are concerned is a theological arguement, not scientific. I think most scientific measurements would lean in the direction of defining an ape as a non-human person. It'll be interesting to see how the courts decide where to draw the line on what gets personhood rights and what does not.
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Old Mar 12, '17, 4:11 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Why would expanding the concept of personhood to animals mean taking rights away from people?
Because once it is admitted that human life is nothing special, there would be no reason not to.

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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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That changes little. Any human in a vegetative state is also "inherently" incapeable. Any fetus is "inherently" incapeable of understanding duty as well. In fact, we could possibly even make the arguement any human is "inherently" incapeable of understanding duty until reaching the age of reason. He did not build or destroy a strawman. Whether anyone believes an animal should be defined as a person or not, you're definition was not only faulty but capeable of heading down a dangerous path. A different standard would need to be made than a measure of "duty" and "understanding the concept of duty".
Each of those humans has the potential to understand the necessary concepts and act accordingly. Now while an outside factor is preventing that potential from being fully expressed, it does not take it away. Animals have no such potential in the first place. If you want to prove otherwise, be my guest.
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Old Mar 12, '17, 4:56 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by GEddie View Post
Because once it is admitted that human life is nothing special, there would be no reason not to.

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Once people are told by law that human beings are nothing special then the philosophy of unreason takes another step backward. It would reduce human beings to nothing more than animal status, which is clearly not the case. People suffering from debilitating mental states are suffering from a disease. I've been hospitalized twice in a psych ward. I've seen such people. They were being treated. Apes fall way outside the bounds of personhood. This is all nonsense for the bored.



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Old Mar 12, '17, 5:44 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by PapyrusDouay View Post
That changes little. Any human in a vegetative state is also "inherently" incapeable. Any fetus is "inherently" incapeable of understanding duty as well. In fact, we could possibly even make the arguement any human is "inherently" incapeable of understanding duty until reaching the age of reason. He did not build or destroy a strawman. Whether anyone believes an animal should be defined as a person or not, you're definition was not only faulty but capeable of heading down a dangerous path. A different standard would need to be made than a measure of "duty" and "understanding the concept of duty".
What is 'incapeable' and 'capeable'? You used the former thrice.
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Old Mar 12, '17, 6:05 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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What is 'incapeable' and 'capeable'? You used the former thrice.
Incapeable / capeable of "duty" and "understanding the concept of duty". I apologize for the confusion.
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Old Mar 12, '17, 6:41 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Each of those humans has the potential to understand the necessary concepts and act accordingly. Now while an outside factor is preventing that potential from being fully expressed, it does not take it away.
Thus they are still incapeable of duty or understanding the concept of duty. All it takes is a good lawyer to spin it just right and convince enough lawmakers, and terrible things happen. It leads down the same dangerous path and potential consequences that many here are arguing giving right's of personhood to apes will lead: to a legal loss of personhood to humans. This has ALREADY happened in the U.S. in regards to the fetus. We've already seen this happen with older children in countries like Belgium..and lest we forget the push to allow for euthenizing the elderly in the Netherlands. I'm not accusing you of wishing for this by any means, but this is the kind of reasoning that leads to these very dark places.

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Animals have no such potential in the first place. If you want to prove otherwise, be my guest.
This is an assumption, based on observations and cultural bias. The fact of the matter is we don't actually know. But the possibility that one day we find out they do is a real one.

Behavioral ecologists will disagree, as there is evidence in both directions for various species. That's my point. It is a poor basis for your arguement, and you need a different one. I COULD cite peer-reviewed sources in favor some species that appear to be demonstrating an understanding of duty..I could even cite some that appear to be against it...but I'm not going to because that's not the point I'm making. The point I'm making is merely that basing the right's of personhood on "duty" and "understanding the concept of duty" is flawed (this paragraph) and extremely dangerous (paragraph above).
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  #51  
Old Mar 12, '17, 7:03 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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You deliberately left out the word 'inherently'. You are good at destroying a strawman though.
No need to be so cynical, I wasn't deliberately misrepresenting your argument.
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Old Mar 13, '17, 2:15 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Well, just don't treat them badly or use them as experiments, so that next time when the table is turned and they rule over us, they do not have a reason to treat us badly.
Ah, but even that is not an assurance, unfortunately.

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That would not happen unless our descendants all lose their cognitive mind; and if that occurred the resulting beings would not care about being ruled by apes.
You are too serious, my friend.

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I, for one, care zip about the animal cause. I will miss my dog for ever; but if Japanese choose to eat dolphin, or if biomedical laboratories in our country feel the need to work on chimpanzees, that is no skin off of me. My emotional capacity is limited.
We shouldn't base any such legal decisions on emotions. This is not a binary. One can be for the considerate treatment of animals and yet not have them enshrined with personhood and "rights".

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The problem started when we shifted from a "duty-based" ethic to a "rights-based" ethic 100s of years ago. All the ancient cultures were "duty-based" and rights were seen as the reciprocal side of duties. The 10 Commandments are duty-based, as is Hindu dharma.
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Also, the duty-based cultures had their downsides, so I'm not saying we should go back to that.
The important distinction here would be- How much of this ethic is a human doing, a product of conditions and culture, and how much of it is an objective fact, as per God's design. We can change and even disregard one, but not the other.

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This idea of animals as persons is a Benthamite Utilitarian philosophic idea.

Utilitarian philosophy is the basis of modern Philosophy of Law.
Yes, we seem to have a faulty philosophical underpinning these days. I am convinced that our society is being held together by what is left of the old Christian foundations. Once those are gone, I expect all of society to go crazy and implode (as it is already doing).

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Originally Posted by PapyrusDouay View Post
Perhaps a statement like "only those with a human soul should have rights" would work, but duty and understanding of duty does not work. At the end of the day "personhood" as far as we are concerned is a theological arguement, not scientific.
I also think that human rights can not be successfully defined outside of a theological framework, where God is creator of all beings and of objective truth. Anything else fails to properly ground human rights.

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Because once it is admitted that human life is nothing special, there would be no reason not to.
Agreed. It's another step in the wrong direction. Once everyone is special, no one is. As founder and president of PETA Ingrid Newkirk said "A rat is a pig is a dog is a boy."
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Old Mar 13, '17, 4:20 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

I'd just ask the apes. When they are capable of saying "yes", or "no" then they would cease to be animals because they would actually have free will. As of now though, they are just animals. Animals don't have rights for a reason: God gave man dominion over them.
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Old Mar 13, '17, 5:16 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

What about chromosomes? Don't they--the apes--have a different number of chromosomes? Would that make a difference enough not to qualify them as person???


https://en.wikipedia.org/wiki/Chimpanzee_genome_project
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Last edited by petra22; Mar 13, '17 at 5:18 am. Reason: forgot part
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Old Mar 13, '17, 8:32 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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What sort of monkey business is this?

I certainly hope other countries do not ape such initiatives.


I believe our country may be turning into another banana republic.
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Old Mar 13, '17, 9:12 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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I believe our country may be turning into another banana republic.
Didn't the historian Edward Gibbon predict something like this?
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Old Mar 13, '17, 11:22 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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The way those apes treated Charlton Heston was just terrible.
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Old Mar 13, '17, 11:51 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Didn't the historian Edward Gibbon predict something like this?
Edward GIBBON------was that deliberate?

If not, still unintentionally funny.
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Old Mar 13, '17, 12:42 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Irrelevant, you are comparing a person with a defect to a fully functioning animal. This is apples to oranges at its finest.
Apples to bananas, in this case.
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Old Mar 13, '17, 5:18 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

I know it isn't apes, but perhaps if we have an infinite number of monkeys with an infinite number of typewriters they may write a good legal argument and win their freedom.

Or maybe they will waste their time writing Shakespeare and throwing **** at each other.

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I know it isn't apes, but perhaps if we have an infinite number of monkeys with an infinite number of typewriters they may write a good legal argument and win their freedom.

Or maybe they will waste their time writing Shakespeare and throwing **** at each other.



I heard it said that if we put 10,000 monkeys in a room with 10,000 typewriters that they would eventually produce the Gettysburg Address. Now, thanks to the internet, we know that's not true.



Ed ---- they should have a banana icon
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Old Mar 13, '17, 5:58 pm
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Edward GIBBON------was that deliberate?

If not, still unintentionally funny.
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Old Mar 13, '17, 6:00 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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I know it isn't apes, but perhaps if we have an infinite number of monkeys with an infinite number of typewriters they may write a good legal argument and win their freedom.

Or maybe they will waste their time writing Shakespeare and throwing **** at each other.

That's it. I'm taking the last train to Clarksville!
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Old Mar 13, '17, 6:12 pm
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Apples to bananas, in this case.
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Old Mar 14, '17, 5:29 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by GEddie View Post
Because once it is admitted that human life is nothing special, there would be no reason not to.

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Old Mar 14, '17, 9:48 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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I'd just ask the apes. When they are capable of saying "yes", or "no" then they would cease to be animals because they would actually have free will. As of now though, they are just animals. Animals don't have rights for a reason: God gave man dominion over them.
Sorry. Not good enough. I think apes should have their day in court. I think they should take a seat in the witness stand right next to the judge and explain to the Court why they ought to be regarded as "persons".

Now, different kinds of apes are of different species, so each kind should present his own case. And we wouldn't want any minors testifying. So perhaps the first witness should be an unrestrained, adult gorilla, followed perhaps by an adult chimpanzee, then by an orangutan, and so forth.

The court reporter, of course, would want to take the testimony down to be reviewed by higher courts.
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Old Mar 14, '17, 1:15 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by edwest2 View Post
I heard it said that if we put 10,000 monkeys in a room with 10,000 typewriters that they would eventually produce the Gettysburg Address. Now, thanks to the internet, we know that's not true.

Ed ---- they should have a banana icon
But one thing they can do is store water in their cheeks from drinking fountains in an LA park then squirt it at people who pass by.

Now that does make them quite human, wouldn't you say? At least as human as .....
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Old Mar 14, '17, 1:30 pm
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But one thing they can do is store water in their cheeks from drinking fountains in an LA park then squirt it at people who pass by.

Now that does make them quite human, wouldn't you say? At least as human as .....


I did not know they could do that. Now if they would start building villages and such....




Ed
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Old Mar 14, '17, 1:55 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by Melodeonist View Post
I'd just ask the apes. When they are capable of saying "yes", or "no" then they would cease to be animals because they would actually have free will. As of now though, they are just animals. Animals don't have rights for a reason: God gave man dominion over them.
Actually they can say "yes" or "no" -- at least thru sign language.

Has anyone brought up Koko the gorilla? See:
- https://en.wikipedia.org/wiki/Koko_(gorilla)
- http://www.koko.org/

Not only could Koko make up her own curse words -- such as "You are a dirty toilet" -- but she can take photographs, one of which made it to the cover of National Geographic (the photo of herself in a mirror). Now how many of us have accomplished that?

They also have a sense of morality, saving lives of others and knowing that killing is bad -- see https://www.theatlantic.com/technolo...terson/402307/

Does this rise to personhood? I don't know. It would be interesting if someone tried to teach them a religion and if they could embrace it. Since they say they have the mental capabilities of a 5-yr-old human child, perhaps they can grasp and accept religion at the level of a 5-yr-old child.

I remember when I was about 5 and was attending Sunday school at that age. One day I thought I saw God on TV (it was Pres. Eisenhower, but I somehow knew he was really important, maybe God himself ). I rushed into the kitchen telling mom to come see the TV, saying, "I think it's God."
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Old Mar 14, '17, 2:05 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by lynnvinc View Post
Actually they can say "yes" or "no" -- at least thru sign language.

Has anyone brought up Koko the gorilla? See:
- https://en.wikipedia.org/wiki/Koko_(gorilla)
- http://www.koko.org/

Not only could Koko make up her own curse words -- such as "You are a dirty toilet" -- but she can take photographs, one of which made it to the cover of National Geographic (the photo of herself in a mirror). Now how many of us have accomplished that?

They also have a sense of morality, saving lives of others and knowing that killing is bad -- see https://www.theatlantic.com/technolo...terson/402307/

Does this rise to personhood? I don't know. It would be interesting if someone tried to teach them a religion and if they could embrace it. Since they say they have the mental capabilities of a 5-yr-old human child, perhaps they can grasp and accept religion at the level of a 5-yr-old child.

I remember when I was about 5 and was attending Sunday school at that age. One day I thought I saw God on TV (it was Pres. Eisenhower, but I somehow knew he was really important, maybe God himself ). I rushed into the kitchen telling mom to come see the TV, saying, "I think it's God."
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Old Mar 14, '17, 2:15 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Another thought -- regarding the OP's linked article and that "personhood" does not necessarily apply only to humans -- is the question, "Should corporations be persons?" Or, rather shouldn't corporations be stripped of their personhood, and that it was a very bad mistake to make them person in the 1st place.

For instance, they have no morality whatsoever -- in fact by law they have to put "fiduciary responsibility" above life & death issues. They cannot be imprisoned for their wrong-doings, no matter how many people might be harmed and killed by them. They cannot die, but they can hide their assets and resurrect if they see a huge lawsuit coming their way that might put them out of business (for harming lots of people or such).

Many large multinational corporations are sort of like monsters roaming the earth, evading national laws and regs, gobbling up resources and excreting pollution and products, stomping on people, squeezing the life (or livelihoods) out of them.

Perhaps we never would have given personhood to such monsters, if we had known back in the 1800s how big they'd grow and how much harm to us they'd be doing to people around the world today.

I'm not saying to put them out of business, only take away their special privileges of personhood, esp the ones that allow them rise above local and national laws and regs meant to protect our health and lives, and to buy governments and control us and help their own interests that go against ours.

If corporations can be persons, why not apes? Or, I'm okay with apes not being persons, as long as corporations can be stripped of their personhood.
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Old Mar 14, '17, 5:49 pm
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Corporations are "persons" only in a legal sense, to keep their heads from going into financial ruin over the fate of the corporation. Just as the word corporation has the root for "body," but no-one thinks that they reallly have human bodies.

Prior to corporate capitalism, proprietors or partners in business went into poverty if their business failed. The purpose of corporate "personhood", unlike animal personhood, is to protect real people.

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Old Mar 14, '17, 9:30 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

I find it interesting how some folks struggle with this idea yet will immediately sign on to abortion with little to no consideration of the facts.
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  #74  
Old Mar 14, '17, 9:34 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by SuperLuigi View Post
I find it interesting how some folks struggle with this idea yet will immediately sign on to abortion with little to no consideration of the facts.
Sadly, the proponents of animal rights are also likely to favor abortion.

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Old Mar 14, '17, 9:49 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Sadly, the proponents of animal rights are also likely to favor abortion.

ICXC NIKA
Secular left-wing causes are expected to unify by elite leaders in order to destroy their opposition without any thought whatsoever of their differences.

As someone who works in environmental circles, most people assume I am more secular leftist than orthodox Catholic and expect me to just sign on to things, well not so much animal rights but so-called gay "marriage" because it's and they have "friends" who I guess need anonymous, unknown 3rd party support even though it's like....the greatest thing since sliced bread.

But you get the idea.
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Mar 15, '17, 7:36 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by GEddie View Post
Sadly, the proponents of animal rights are also likely to favor abortion.

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OTOH, proponents of the "rights of nature" are likely to be pro-life.....mainly because they happen to be rural folk suffering from things like fracking harming and killing them, and harming and devaluing their property. Those folks tend to be church-going, God-fearing folks steeped in the ole time religion and against abortion. (Tho some of their babies may be "naturally" aborting or miscarrying due to the pollution they are suffering.)

One of the only ways they can fight to protect their families' lives from the pollution harm is to claim that the land or the water bodies have rights. Wild law (see https://en.wikipedia.org/wiki/Wild_law ), since apparently corporations have the right to come in and pollute and kill people do to the various ways our legal system has become warped over the past 200 years to favor financial interests over life interests.

So there are 2 legal strategies to fight this -- trying to reclaim "community rights" to determine their own fate from the pre-Constitution past over marauding "corporation rights" (communities do not have the right to ban "legal uses" of corps, no matter how many people are dying from those "legal uses") ....

.... and/or going forward and trying to claim the "rights of nature," of (for example) water bodies not to be polluted.

See "Earth At Risk part 4 - Thomas Linzey of the CELDF Explains why the constitution is for Rich People" at https://www.youtube.com/watch?v=kjYT-RObWv4

And Linzey's org, the Community Environmental Legal Defense Fund at http://celdf.org/
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  #77  
Old Mar 15, '17, 11:58 am
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by SuperLuigi View Post
Secular left-wing causes are expected to unify by elite leaders in order to destroy their opposition without any thought whatsoever of their differences.

As someone who works in environmental circles, most people assume I am more secular leftist than orthodox Catholic and expect me to just sign on to things, well not so much animal rights but so-called gay "marriage" because it's and they have "friends" who I guess need anonymous, unknown 3rd party support even though it's like....the greatest thing since sliced bread.

But you get the idea.


William F. Buckley — 'Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.'



Ed
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  #78  
Old Mar 15, '17, 1:44 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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William F. Buckley — 'Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.'Ed
Yeah, after Christianity came on the scene, how can there be other views?

That is, liberal or even radical on social issues (I think Jesus was actually a radical on these), and conservative on personal issues (like controlling oneself).

I was reared a Republican and Christian (Presbyterian), but when I got older and started reading the Bible and Jesus calling out "You brood of vipers" (to pompous, self-righteous, hypocritical elites of the time), I realized he was pretty much a radical, demanding radical, self-sacrificing love of neighbor, the poor, the outsider, even the enemy. Fancy that.

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  #79  
Old Mar 15, '17, 8:29 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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=lynnvinc;14540060]Yeah, after Christianity came on the scene, how can there be other views?
One of the biggest pitfalls for Catholicism in the last 500 years is that too many Catholics have become Protestant and even Puritan. This has eroded away at the ability of the Church to ultimately hold its own and spread.

I believe the contemporary Church has seen new wisdom in listening to the other sides. My most recent experience was watching part of a Planned Parenthood video narrated by Lena Dunham who noted some women turned to Sanger because they would have killed themselves before getting pregnant again.

I consider things like that to be useful information.

Besides, yelling in an echo chamber is boring and not what Christianity was meant for.


Quote:
That is, liberal or even radical on social issues (I think Jesus was actually a radical on these), and conservative on personal issues (like controlling oneself).
Jesus was a radical. But radical can be good or bad. When He died, he asked God to forgive them, for they knew not what they did. Essentially meaning that the intentions for at least some of those wanting Him crucified were good and perhaps others were ignorant, others just caught up in the moment of the crowd mentality.



Quote:
I was reared a Republican and Christian (Presbyterian), but when I got older and started reading the Bible and Jesus calling out "You brood of vipers" (to pompous, self-righteous, hypocritical elites of the time), I realized he was pretty much a radical, demanding radical, self-sacrificing love of neighbor, the poor, the outsider, even the enemy. Fancy that.
I think that was John the Baptist. But it just goes to show how the dim light scandal is viewed in.

People should consider that whenever they make excuses on-line and actually think others by them based on appeal to authority or past experiences.
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  #80  
Old Mar 15, '17, 8:33 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by edwest2 View Post
William F. Buckley — 'Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.'

Ed
As Milo recently noted, the SJW left is making all of the same mistakes the Protestant right in America made in the 1990s.

Even now "married" gay atheist liberal Democrat former Young Turks employee Dave Rubin is "unsafe" for USC students.

I think we've gone from Buckley's quote to

"When they came for the Gypsies, I was silent because I wasn't a Gypsy.

When they came for the Jews, I was silent because I wasn't a Jew.

When they came for the Catholics..........."

You get the idea.
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  #81  
Old Mar 16, '17, 4:23 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by SuperLuigi View Post
One of the biggest pitfalls for Catholicism in the last 500 years is that too many Catholics have become Protestant and even Puritan. This has eroded away at the ability of the Church to ultimately hold its own and spread.

I believe the contemporary Church has seen new wisdom in listening to the other sides. My most recent experience was watching part of a Planned Parenthood video narrated by Lena Dunham who noted some women turned to Sanger because they would have killed themselves before getting pregnant again.

I consider things like that to be useful information.

Besides, yelling in an echo chamber is boring and not what Christianity was meant for.


Jesus was a radical. But radical can be good or bad. When He died, he asked God to forgive them, for they knew not what they did. Essentially meaning that the intentions for at least some of those wanting Him crucified were good and perhaps others were ignorant, others just caught up in the moment of the crowd mentality.


I think that was John the Baptist. But it just goes to show how the dim light scandal is viewed in.

People should consider that whenever they make excuses on-line and actually think others by them based on appeal to authority or past experiences.
My post about :no other views" was "tongue-in-cheek."

I think Catholicism has always been a "big tent" religion, at least in modern times.
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  #82  
Old Mar 16, '17, 4:46 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

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Originally Posted by SuperLuigi View Post
One of the biggest pitfalls for Catholicism in the last 500 years is that too many Catholics have become Protestant and even Puritan. This has eroded away at the ability of the Church to ultimately hold its own and spread.

I believe the contemporary Church has seen new wisdom in listening to the other sides. My most recent experience was watching part of a Planned Parenthood video narrated by Lena Dunham who noted some women turned to Sanger because they would have killed themselves before getting pregnant again.

I consider things like that to be useful information.

Besides, yelling in an echo chamber is boring and not what Christianity was meant for.




Jesus was a radical. But radical can be good or bad. When He died, he asked God to forgive them, for they knew not what they did. Essentially meaning that the intentions for at least some of those wanting Him crucified were good and perhaps others were ignorant, others just caught up in the moment of the crowd mentality.





I think that was John the Baptist. But it just goes to show how the dim light scandal is viewed in.

People should consider that whenever they make excuses on-line and actually think others by them based on appeal to authority or past experiences.
.

One thing, though........when Lena Dunham actually sort of sideways has a "point," I KNOW we live in absurd times.
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  #83  
Old Mar 16, '17, 6:29 pm
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Default Re: Do Apes Deserve ‘Personhood’ Rights? Lawyer Heads to N.Y. Supreme Court to Make Case

Anti-Reality Times. Or Whatever I (meaning certain groups) Think Is Real Is Real -- even if it's total nonsense.




Ed



Reality is boring, and for worshipers of the god Change, change is the only suitable offering even if it contradicts reality.
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