SHOULD CHIMPANZEES BE CONSIDERED ‘PERSONS’?
AN INTRODUCTION: You might be aware that chimpanzees can recognize themselves in a mirror, communicate through sign language, pursue goals creatively and form long-lasting friendships. You might also think that these are the kinds of things that a person can do. However, you might not think of chimpanzees as persons.
BACKGROUND INFORMATION: The Nonhuman Rights Project does. Since 2013, the group has been working on behalf of two chimpanzees, Kiko and Tommy, currently being held in cages by their “owners” without the company of other chimpanzees. It is asking the courts to rule that Kiko and Tommy have the right to bodily liberty and to order their immediate release into a sanctuary where they can live out the rest of their lives with other chimpanzees.
A POSITION OR
POINT OF VIEW: It is arguing that if every being must be either a person or a thing, then Kiko and Tommy (chimpanzees) are persons, not things.
AN ARGUMENT: When we think about the basis of our own personhood, we do not think about how we happen to be classified in a biology textbook. Instead, we think about features of our lives such as conscious experience, emotionality, a sense of self and bonds of care and interdependence. When it comes to whether one should be treated as a person or a thing, these kinds of features, and not their genetic bases or evolutionary histories, are what matter. This is why we can all know that we have rights without having to check our genes.
AN AGREEMENT: The Nonhuman Rights Project is taking a bold position: It is arguing that if every being must be either a person or a thing, then Kiko and Tommy are persons, not things. I agree, and many other philosophers do, too.
AN OPPOSING ARGUMENT: Only humans can be persons because only humans have the ability to use language and reason in abstract and sophisticated ways.
A DISAGREEMENT (of the opposing argument): Kiko and Tommy can do many impressive things, including communicate with others and pursue goals in a creative, intelligent manner. But they cannot do these things in the same kinds of ways that many humans can.
AN EXPLANATION: This view of personhood is unacceptably exclusionary. We all lack the ability to use language and reason in abstract and sophisticated ways early in life, some of us lose these abilities later in life, and some of us never develop them. Yet while humans might not have moral or legal duties when we lack these abilities, we can clearly still have moral and legal rights. This is why many judges and legal experts now rightly reject this exclusionary view of personhood as fundamentally at odds with contemporary standards of human rights. (The example explains why judges reject this exclusionary view of personhood)
A DESCRIPTION: “Human” is best understood as a biological concept that refers, at present, to a member of a particular species, Homo sapiens. In contrast, “person” is best understood as a moral and legal concept that refers to an individual who can hold moral and legal rights.
A CONCLUSION: The simple truth is that Kiko and Tommy are not mere things. Whatever else we say about the nature and limits of moral and legal personhood, we should be willing to say at least that. The only alternative is to continue to accept an arbitrary and exclusionary view about what it takes to merit moral and legal recognition. Kiko and Tommy deserve better than that, and so do the rest of us.