in mid-2014 a nature photographer by the name of David Slater licensed these
name of David Slater licensed these
name of David Slater licensed these images to the cater news agency
images to the cater news agency
images to the cater news agency unfortunately for him anyway it was
unfortunately for him anyway it was
unfortunately for him anyway it was revealed that he did not in fact take
revealed that he did not in fact take
revealed that he did not in fact take the photograph himself what it actually
the photograph himself what it actually
the photograph himself what it actually happened was that this handsome 8th
happened was that this handsome 8th
happened was that this handsome 8th behind us they crested black macaque I
behind us they crested black macaque I
behind us they crested black macaque I can’t recall the name had seized the
can’t recall the name had seized the
can’t recall the name had seized the remote camera trigger and taken a photo
remote camera trigger and taken a photo
remote camera trigger and taken a photo of herself twice
of herself twice
of herself twice these are intact monkey selfies so on
these are intact monkey selfies so on
these are intact monkey selfies so on those grounds these photographs were
those grounds these photographs were
those grounds these photographs were uploaded to Wikimedia Commons David
uploaded to Wikimedia Commons David
uploaded to Wikimedia Commons David Slater was very upset but he sued
Slater was very upset but he sued
Slater was very upset but he sued Wikimedia Commons it started a spate of
Wikimedia Commons it started a spate of
Wikimedia Commons it started a spate of countless suits between Wikimedia
countless suits between Wikimedia
countless suits between Wikimedia Commons
Commons
Commons Peter any number of other organizations
Peter any number of other organizations
Peter any number of other organizations that is currently working its way toward
that is currently working its way toward
that is currently working its way toward the courts right now so what’s
the courts right now so what’s
the courts right now so what’s interesting about this I think is that
interesting about this I think is that
interesting about this I think is that it the reason why the photograph was
it the reason why the photograph was
it the reason why the photograph was uploaded as Wikimedia Commons was
uploaded as Wikimedia Commons was
uploaded as Wikimedia Commons was because the monkey took the photograph
because the monkey took the photograph
because the monkey took the photograph meaning that David Slater himself was
meaning that David Slater himself was
meaning that David Slater himself was not this is not his intellectual
not this is not his intellectual
not this is not his intellectual property the labor that created the
property the labor that created the
property the labor that created the photograph was conducted by the monkey
photograph was conducted by the monkey
photograph was conducted by the monkey not by the photographer and this is
not by the photographer and this is
not by the photographer and this is really interesting as sort of legal
really interesting as sort of legal
really interesting as sort of legal ramifications right so what kind of
ramifications right so what kind of
ramifications right so what kind of thing is an animal that it can hold
thing is an animal that it can hold
thing is an animal that it can hold intellectual property what kind of
intellectual property what kind of
intellectual property what kind of animal can possess intellectual property
animal can possess intellectual property
animal can possess intellectual property I think these sorts of questions really
I think these sorts of questions really
I think these sorts of questions really are braids nicely against sort of the
are braids nicely against sort of the
are braids nicely against sort of the way we think about not only our
way we think about not only our
way we think about not only our relationships with animals but also what
relationships with animals but also what
relationships with animals but also what it means to be a human
it means to be a human
it means to be a human what what what entitles one to
what what what entitles one to
what what what entitles one to personhood and both in a social but also
personhood and both in a social but also
personhood and both in a social but also in a legal sense so that in mind so this
in a legal sense so that in mind so this
in a legal sense so that in mind so this kind of question right whether or not
kind of question right whether or not
kind of question right whether or not something like a monkey this crested
something like a monkey this crested
something like a monkey this crested black macaque can hold
black macaque can hold
black macaque can hold whether or not it can hold intellectual
whether or not it can hold intellectual
whether or not it can hold intellectual property it probably seems very
property it probably seems very
property it probably seems very progressive it seems maybe enlightened
progressive it seems maybe enlightened
progressive it seems maybe enlightened it seems you know something comes out of
it seems you know something comes out of
it seems you know something comes out of our own or an age in which we’re
our own or an age in which we’re
our own or an age in which we’re interested in things like vegetarianism
interested in things like vegetarianism
interested in things like vegetarianism and we’re disavowing ourselves or things
and we’re disavowing ourselves or things
and we’re disavowing ourselves or things like industrial farming and we don’t
like industrial farming and we don’t
like industrial farming and we don’t like fur anymore and all these kinds of
like fur anymore and all these kinds of
like fur anymore and all these kinds of things but my argument is that instead
things but my argument is that instead
things but my argument is that instead of being a matter of this would have
of being a matter of this would have
of being a matter of this would have been lightened progressive thing it’s
been lightened progressive thing it’s
been lightened progressive thing it’s more a a reconfiguration of a kind of
more a a reconfiguration of a kind of
more a a reconfiguration of a kind of latent medieval ISM it’s a disavowal of
latent medieval ISM it’s a disavowal of
latent medieval ISM it’s a disavowal of an enlightened my dear of animals as
an enlightened my dear of animals as
an enlightened my dear of animals as machines and it returns to a medieval
machines and it returns to a medieval
machines and it returns to a medieval idea that animals have minds and motives
idea that animals have minds and motives
idea that animals have minds and motives and are capable of moral judgments in
and are capable of moral judgments in
and are capable of moral judgments in very much the same way we are and that’s
very much the same way we are and that’s
very much the same way we are and that’s one of the things we’re going to talk
one of the things we’re going to talk
one of the things we’re going to talk about and unpack today so the idea of
about and unpack today so the idea of
about and unpack today so the idea of the legal rights of animals has actually
the legal rights of animals has actually
the legal rights of animals has actually quite a long and interesting history in
quite a long and interesting history in
quite a long and interesting history in the West and legal tradition I mean
the West and legal tradition I mean
the West and legal tradition I mean Western the broader sense of being
Western the broader sense of being
Western the broader sense of being Europe the Near East and northern Africa
Europe the Near East and northern Africa
Europe the Near East and northern Africa I don’t have time unfortunately to
I don’t have time unfortunately to
I don’t have time unfortunately to create some kind of universal thesis as
create some kind of universal thesis as
create some kind of universal thesis as to why this is the case but I am
to why this is the case but I am
to why this is the case but I am interested in this in a very precise
interested in this in a very precise
interested in this in a very precise moment in time and precise by precise
moment in time and precise by precise
moment in time and precise by precise it’s only two centuries but precise
it’s only two centuries but precise
it’s only two centuries but precise enough between the 15th and the 17th
enough between the 15th and the 17th
enough between the 15th and the 17th centuries this is at the the height of
centuries this is at the the height of
centuries this is at the the height of the Renaissance now at this point at the
the Renaissance now at this point at the
the Renaissance now at this point at the height of the Renaissance there is this
height of the Renaissance there is this
height of the Renaissance there is this weird spike in animal trials these
weird spike in animal trials these
weird spike in animal trials these criminal trials of animals where animals
criminal trials of animals where animals
criminal trials of animals where animals are treated as if they’re legal persons
are treated as if they’re legal persons
are treated as if they’re legal persons and they’re tried as such if you’re
and they’re tried as such if you’re
and they’re tried as such if you’re given what we know about the Renaissance
given what we know about the Renaissance
given what we know about the Renaissance that seems kind of weird and I’ll I’ll
that seems kind of weird and I’ll I’ll
that seems kind of weird and I’ll I’ll go through that right now so this year
go through that right now so this year
go through that right now so this year is a is is a I suppose it’s a detail
is a is is a I suppose it’s a detail
is a is is a I suppose it’s a detail from the ambassador’s by Holbein the
from the ambassador’s by Holbein the
from the ambassador’s by Holbein the younger and it shows two very handsome
younger and it shows two very handsome
younger and it shows two very handsome the third men lounging luxuriating if
the third men lounging luxuriating if
the third men lounging luxuriating if you like in front of a bunch of
you like in front of a bunch of
you like in front of a bunch of scientific instruments so I mean these
scientific instruments so I mean these
scientific instruments so I mean these two men are a renaissance science par
two men are a renaissance science par
two men are a renaissance science par excellence
excellence
excellence when we think about the Renaissance we
when we think about the Renaissance we
when we think about the Renaissance we are talking about you know no doubt you
are talking about you know no doubt you
are talking about you know no doubt you remember from school the Renaissance is
remember from school the Renaissance is
remember from school the Renaissance is is a period where there’s a sort of
is a period where there’s a sort of
is a period where there’s a sort of massive revolutions in science and
massive revolutions in science and
massive revolutions in science and philosophy in politics in a whole bunch
philosophy in politics in a whole bunch
philosophy in politics in a whole bunch of other things so what happens in this
of other things so what happens in this
of other things so what happens in this period and what inspires paintings like
period and what inspires paintings like
period and what inspires paintings like this is an event called the Scientific
this is an event called the Scientific
this is an event called the Scientific Revolution and the Scientific Revolution
Revolution and the Scientific Revolution
Revolution and the Scientific Revolution is this sort of first attempt to try and
is this sort of first attempt to try and
is this sort of first attempt to try and do science without the meddling of
do science without the meddling of
do science without the meddling of Aristotle it’s the first time that
Aristotle it’s the first time that
Aristotle it’s the first time that scientists can function and they look at
scientists can function and they look at
scientists can function and they look at raw data and try to extract findings
raw data and try to extract findings
raw data and try to extract findings based upon that data so that alone is
based upon that data so that alone is
based upon that data so that alone is weird
weird
weird and it seems like though that instead
and it seems like though that instead
and it seems like though that instead there’s this view that the animals
there’s this view that the animals
there’s this view that the animals they’re not people right there’s no sort
they’re not people right there’s no sort
they’re not people right there’s no sort of there’s a little humans for these for
of there’s a little humans for these for
of there’s a little humans for these for these medieval jurists there’s no sort
these medieval jurists there’s no sort
these medieval jurists there’s no sort of ontological confusion about whether
of ontological confusion about whether
of ontological confusion about whether or not these this pig is a person I mean
or not these this pig is a person I mean
or not these this pig is a person I mean they’re not don’t think it’s a human
they’re not don’t think it’s a human
they’re not don’t think it’s a human being but nonetheless in some sense it’s
being but nonetheless in some sense it’s
being but nonetheless in some sense it’s a legal person not a human but a legal
a legal person not a human but a legal
a legal person not a human but a legal person it’s really really weird so this
person it’s really really weird so this
person it’s really really weird so this is this is obviously the time before
is this is obviously the time before
is this is obviously the time before such things like rights exist like we
such things like rights exist like we
such things like rights exist like we talk now about human rights or about
talk now about human rights or about
talk now about human rights or about legal rights and this kind of you know
legal rights and this kind of you know
legal rights and this kind of you know free easy way but the idea that what we
free easy way but the idea that what we
free easy way but the idea that what we think of now is rights there I mean they
think of now is rights there I mean they
think of now is rights there I mean they kind of a recent legal philosophical
kind of a recent legal philosophical
kind of a recent legal philosophical invention right so I don’t want to go
invention right so I don’t want to go
invention right so I don’t want to go out and saying that these animals had
out and saying that these animals had
out and saying that these animals had human rights
human rights
human rights who is that’s clearly crazy but what I’m
who is that’s clearly crazy but what I’m
who is that’s clearly crazy but what I’m one of arguing is that animals in this
one of arguing is that animals in this
one of arguing is that animals in this period were entitled to certain judicial
period were entitled to certain judicial
period were entitled to certain judicial protections I guess under the law that
protections I guess under the law that
protections I guess under the law that you would absolutely not expect okay so
you would absolutely not expect okay so
you would absolutely not expect okay so you’re with me I’ll give you a couple of
you’re with me I’ll give you a couple of
you’re with me I’ll give you a couple of examples this is an easy good this is
examples this is an easy good this is
examples this is an easy good this is really funny I promise so in 1750 a
really funny I promise so in 1750 a
really funny I promise so in 1750 a Frenchman by the name of Jacques Farrell
Frenchman by the name of Jacques Farrell
Frenchman by the name of Jacques Farrell was arrested for buggering a donkey he
was arrested for buggering a donkey he
was arrested for buggering a donkey he had been captured episode of key but
had been captured episode of key but
had been captured episode of key but he’d been he’d been caught by the
he’d been he’d been caught by the
he’d been he’d been caught by the villagers in delicto flagrante as they
villagers in delicto flagrante as they
villagers in delicto flagrante as they say
say
say and they’re both the donkey and Jacques
and they’re both the donkey and Jacques
and they’re both the donkey and Jacques fat all had been arrested both arrested
fat all had been arrested both arrested
fat all had been arrested both arrested with they’re both the rest of the
with they’re both the rest of the
with they’re both the rest of the Chrysler’s charge of sodomy right of
Chrysler’s charge of sodomy right of
Chrysler’s charge of sodomy right of sort of unnatural sex acts and this is
sort of unnatural sex acts and this is
sort of unnatural sex acts and this is violated both the the laws of both God
violated both the the laws of both God
violated both the the laws of both God and country
and country
and country both the donkey in the man were arrested
both the donkey in the man were arrested
both the donkey in the man were arrested and and and japheth all had his trial
and and and japheth all had his trial
and and and japheth all had his trial first and it was a summary trial he was
first and it was a summary trial he was
first and it was a summary trial he was found clearly guilty and he was hanged
found clearly guilty and he was hanged
found clearly guilty and he was hanged by the neck until he was dead
by the neck until he was dead
by the neck until he was dead bugger the donkey though was a good
bugger the donkey though was a good
bugger the donkey though was a good donkey and so what happened was the
donkey and so what happened was the
donkey and so what happened was the local prior so the local er the the
local prior so the local er the the
local prior so the local er the the local pastor is on behalf of its
local pastor is on behalf of its
local pastor is on behalf of its substituents II wrote a letter to the
substituents II wrote a letter to the
substituents II wrote a letter to the magistrate saying she is a good donkey
magistrate saying she is a good donkey
magistrate saying she is a good donkey she is a clean donkey she would never
she is a clean donkey she would never
she is a clean donkey she would never commit to this of her own free will
commit to this of her own free will
commit to this of her own free will she is the victim of violence and the
she is the victim of violence and the
she is the victim of violence and the magistrate would say that the street
magistrate would say that the street
magistrate would say that the street went that’s totally reason the donkeys
went that’s totally reason the donkeys
went that’s totally reason the donkeys moral character was legally relevant
moral character was legally relevant
moral character was legally relevant when working out her level of
when working out her level of
when working out her level of culpability and the donkey was let go
culpability and the donkey was let go
culpability and the donkey was let go and I don’t know her name but I assumes
and I don’t know her name but I assumes
and I don’t know her name but I assumes to live the long and happy life there is
to live the long and happy life there is
to live the long and happy life there is another case that I really liked a
another case that I really liked a
another case that I really liked a little bit earlier early 1500s there’s
little bit earlier early 1500s there’s
little bit earlier early 1500s there’s this guy called Bartolome Chason a I’m
this guy called Bartolome Chason a I’m
this guy called Bartolome Chason a I’m probably mispronouncing that I apologize
probably mispronouncing that I apologize
probably mispronouncing that I apologize a french jurist another Frenchman I
a french jurist another Frenchman I
a french jurist another Frenchman I don’t know what it is and he worked in
don’t know what it is and he worked in
don’t know what it is and he worked in both ecclesiastical and civil courts
both ecclesiastical and civil courts
both ecclesiastical and civil courts dealing with trials of animals and one
dealing with trials of animals and one
dealing with trials of animals and one of his first trials was with a group of
of his first trials was with a group of
of his first trials was with a group of rats
rats
rats he was the court-appointed defense
he was the court-appointed defense
he was the court-appointed defense attorney for a group of rats hoard of
attorney for a group of rats hoard of
attorney for a group of rats hoard of rats who had consumed the entire
rats who had consumed the entire
rats who had consumed the entire contents of a barley field just devoured
contents of a barley field just devoured
contents of a barley field just devoured it right and so because they were
it right and so because they were
it right and so because they were because of that the rats were had been
because of that the rats were had been
because of that the rats were had been charged for this crime there was someone
charged for this crime there was someone
charged for this crime there was someone to court and of course they didn’t show
to court and of course they didn’t show
to court and of course they didn’t show up because their rats
up because their rats
up because their rats and so the magistrate says to Shasta day
and so the magistrate says to Shasta day
and so the magistrate says to Shasta day mate
mate
mate come on where is he client what’s he
come on where is he client what’s he
come on where is he client what’s he doing and Jessie says totally reasonably
doing and Jessie says totally reasonably
doing and Jessie says totally reasonably rats have no fixed place of abode they
rats have no fixed place of abode they
rats have no fixed place of abode they didn’t know they didn’t get the letter
didn’t know they didn’t get the letter
didn’t know they didn’t get the letter and the magistrate says totally fair
and the magistrate says totally fair
and the magistrate says totally fair they don’t so gets delayed and is the
they don’t so gets delayed and is the
they don’t so gets delayed and is the second summons and the rats again failed
second summons and the rats again failed
second summons and the rats again failed to show up this is a pattern
to show up this is a pattern
to show up this is a pattern incidentally and the magistrate says
incidentally and the magistrate says
incidentally and the magistrate says what’s going on
what’s going on
what’s going on where are my rats and shafts and I says
where are my rats and shafts and I says
where are my rats and shafts and I says oh well you know we need to make
oh well you know we need to make
oh well you know we need to make accommodations for the old lien firm
accommodations for the old lien firm
accommodations for the old lien firm they need to show up as as a unit you
they need to show up as as a unit you
they need to show up as as a unit you know we need to delay it once more time
know we need to delay it once more time
know we need to delay it once more time and the magistrate begrudgingly does so
and the magistrate begrudgingly does so
and the magistrate begrudgingly does so and this happens a couple more times on
and this happens a couple more times on
and this happens a couple more times on the fourth or fifth iteration so I
the fourth or fifth iteration so I
the fourth or fifth iteration so I mentor the magistrates remember very
mentor the magistrates remember very
mentor the magistrates remember very annoyed by this point he says look what
annoyed by this point he says look what
annoyed by this point he says look what you know we need to do something about
you know we need to do something about
you know we need to do something about this you need to bring them to court and
this you need to bring them to court and
this you need to bring them to court and Shasta nee invokes a piece of legal
Shasta nee invokes a piece of legal
Shasta nee invokes a piece of legal reasoning we still use now he says the
reasoning we still use now he says the
reasoning we still use now he says the rats live in mortal fear of their
rats live in mortal fear of their
rats live in mortal fear of their enemies the cats and cannot be expected
enemies the cats and cannot be expected
enemies the cats and cannot be expected to show up to court this is a legal
to show up to court this is a legal
to show up to court this is a legal principle that a lot of jurisdictions
principle that a lot of jurisdictions
principle that a lot of jurisdictions still use now if you have been summoned
still use now if you have been summoned
still use now if you have been summoned to court and you can’t and you fear for
to court and you can’t and you fear for
to court and you can’t and you fear for your life you feel like a life would be
your life you feel like a life would be
your life you feel like a life would be engaged in doing so it is the obligation
engaged in doing so it is the obligation
engaged in doing so it is the obligation of the court to provide you protection
of the court to provide you protection
of the court to provide you protection that’s necessary that’s it that the
that’s necessary that’s it that the
that’s necessary that’s it that the legal right you have Chason they invoked
legal right you have Chason they invoked
legal right you have Chason they invoked a legal right back in the 1500s for
a legal right back in the 1500s for
a legal right back in the 1500s for these rats and the magistrates went
these rats and the magistrates went
these rats and the magistrates went that’s totally fair so the magistrate
that’s totally fair so the magistrate
that’s totally fair so the magistrate that had two choices do I throw the case
that had two choices do I throw the case
that had two choices do I throw the case out and let the rats go oh do I
out and let the rats go oh do I
out and let the rats go oh do I tax the local constituency to round up
tax the local constituency to round up
tax the local constituency to round up potentially thousands of rats to bring
potentially thousands of rats to bring
potentially thousands of rats to bring them to court
them to court
them to court obviously he let the case go because
obviously he let the case go because
obviously he let the case go because he’s not crazy
he’s not crazy
he’s not crazy basically want to be lynched by a bunch
basically want to be lynched by a bunch
basically want to be lynched by a bunch of angry French villagers I mean this is
of angry French villagers I mean this is
of angry French villagers I mean this is this is this this case is really
this is this this case is really
this is this this case is really interesting but it this and the previous
interesting but it this and the previous
interesting but it this and the previous one because they both seem to apply that
one because they both seem to apply that
one because they both seem to apply that animals under this innocence of legal
animals under this innocence of legal
animals under this innocence of legal structure were entitled this in some
structure were entitled this in some
structure were entitled this in some cases to equal rights under criminal law
cases to equal rights under criminal law
cases to equal rights under criminal law as human beings it’s great and I mean
as human beings it’s great and I mean
as human beings it’s great and I mean look I’m not gonna deny like being in
look I’m not gonna deny like being in
look I’m not gonna deny like being in animal in the medieval period was
animal in the medieval period was
animal in the medieval period was sometimes super I mean it sucks you
sometimes super I mean it sucks you
sometimes super I mean it sucks you know I wouldn’t recommend it but it’s
know I wouldn’t recommend it but it’s
know I wouldn’t recommend it but it’s it’s it’s interesting in that in that
it’s it’s interesting in that in that
it’s it’s interesting in that in that human beings were treated equally
human beings were treated equally
human beings were treated equally brutally under the criminal law you
brutally under the criminal law you
brutally under the criminal law you could be hanged you could be put into
could be hanged you could be put into
could be hanged you could be put into stocks you could be publicly embarrassed
stocks you could be publicly embarrassed
stocks you could be publicly embarrassed you like your punishments at the
you like your punishments at the
you like your punishments at the discretion of the local magistrate in a
discretion of the local magistrate in a
discretion of the local magistrate in a lot of cases I mean if animals were
lot of cases I mean if animals were
lot of cases I mean if animals were treated cruelly under the criminal law
treated cruelly under the criminal law
treated cruelly under the criminal law anyway it was only because everyone was
anyway it was only because everyone was
anyway it was only because everyone was treated cruelly but I think it’s pretty
treated cruelly but I think it’s pretty
treated cruelly but I think it’s pretty cool that’s very interesting so what do
cool that’s very interesting so what do
cool that’s very interesting so what do we do like we have this problem we have
we do like we have this problem we have
we do like we have this problem we have this thing where there’s supposedly
this thing where there’s supposedly
this thing where there’s supposedly there’s this Renaissance rise towards
there’s this Renaissance rise towards
there’s this Renaissance rise towards sort of this materialism towards you
sort of this materialism towards you
sort of this materialism towards you know sort of disavowing the the sort of
know sort of disavowing the the sort of
know sort of disavowing the the sort of spiritual or the mental content of
spiritual or the mental content of
spiritual or the mental content of things in the world only humans have
things in the world only humans have
things in the world only humans have it’s this is sort of materialistic you
it’s this is sort of materialistic you
it’s this is sort of materialistic you know upswing through the Renaissance and
know upswing through the Renaissance and
know upswing through the Renaissance and at the same time stuff like this happens
at the same time stuff like this happens
at the same time stuff like this happens a hundred and forty recorded cases and
a hundred and forty recorded cases and
a hundred and forty recorded cases and there’s probably more 140 recorded cases
there’s probably more 140 recorded cases
there’s probably more 140 recorded cases of animal trials and Renaissance so how
of animal trials and Renaissance so how
of animal trials and Renaissance so how do we how do we has we’ll work through
do we how do we has we’ll work through
do we how do we has we’ll work through this so my argument is that assistive
this so my argument is that assistive
this so my argument is that assistive evidence of the fact that the
evidence of the fact that the
evidence of the fact that the Renaissance we talk about this blanket
Renaissance we talk about this blanket
Renaissance we talk about this blanket movement but in fact it’s this uneven
movement but in fact it’s this uneven
movement but in fact it’s this uneven sort of give and take so it starts in
sort of give and take so it starts in
sort of give and take so it starts in Italy right and sort of it creeps out
Italy right and sort of it creeps out
Italy right and sort of it creeps out and it sort of it’s this battles along
and it sort of it’s this battles along
and it sort of it’s this battles along the way and it’s this incomplete kind of
the way and it’s this incomplete kind of
the way and it’s this incomplete kind of spreading and what we can see here is a
spreading and what we can see here is a
spreading and what we can see here is a point when something that looks like the
point when something that looks like the
point when something that looks like the rule of law intersects this medieval
rule of law intersects this medieval
rule of law intersects this medieval view of animal life the rule of law
view of animal life the rule of law
view of animal life the rule of law thing is also kind of complicated right
thing is also kind of complicated right
thing is also kind of complicated right so all the although these animals were
so all the although these animals were
so all the although these animals were entitled to certain rights on the
entitled to certain rights on the
entitled to certain rights on the criminal law say if you are a Jew or a
criminal law say if you are a Jew or a
criminal law say if you are a Jew or a Muslim
Muslim
Muslim you were not entitled those rights
you were not entitled those rights
you were not entitled those rights animals had the rights the Jews and
animals had the rights the Jews and
animals had the rights the Jews and Muslims not I mean although that sounds
Muslims not I mean although that sounds
Muslims not I mean although that sounds you know so deep it sounds it is deeply
you know so deep it sounds it is deeply
you know so deep it sounds it is deeply problematic I mean I think what this
problematic I mean I think what this
problematic I mean I think what this really does is highlight the conditions
really does is highlight the conditions
really does is highlight the conditions under which personhood like as an idea
under which personhood like as an idea
under which personhood like as an idea as a legal quality is awarded to people
as a legal quality is awarded to people
as a legal quality is awarded to people in the medieval period and so my claim
in the medieval period and so my claim
in the medieval period and so my claim is that something like personhood is
is that something like personhood is
is that something like personhood is this is something that belongs to some
this is something that belongs to some
this is something that belongs to some members have given faith communities
members have given faith communities
members have given faith communities right your your you know if you if you
right your your you know if you if you
right your your you know if you if you live in a village and you participate in
live in a village and you participate in
live in a village and you participate in their religious life and you know you
their religious life and you know you
their religious life and you know you sort of you sort of participate in that
sort of you sort of participate in that
sort of you sort of participate in that little ecosystem you are in some sort of
little ecosystem you are in some sort of
little ecosystem you are in some sort of limited pre theoretical sense consider
limited pre theoretical sense consider
limited pre theoretical sense consider the person but if you don’t participate
the person but if you don’t participate
the person but if you don’t participate you’re not so you’ve got a church or
you’re not so you’ve got a church or
you’re not so you’ve got a church or you’re part of the community you don’t
you’re part of the community you don’t
you’re part of the community you don’t you know but so we don’t all that seems
you know but so we don’t all that seems
you know but so we don’t all that seems fine but the the cascading implication
fine but the the cascading implication
fine but the the cascading implication of that is that for furlongs donkey or
of that is that for furlongs donkey or
of that is that for furlongs donkey or for shaft mates rats both of these
for shaft mates rats both of these
for shaft mates rats both of these entities are considered to be Christians
entities are considered to be Christians
entities are considered to be Christians under the law which is super-weird so
under the law which is super-weird so
under the law which is super-weird so obviously in the end the the Renaissance
obviously in the end the the Renaissance
obviously in the end the the Renaissance one right so for a very very long time
one right so for a very very long time
one right so for a very very long time I mean it’s there’s a reason why animal
I mean it’s there’s a reason why animal
I mean it’s there’s a reason why animal trials almost completely die out after
trials almost completely die out after
trials almost completely die out after the 17th century there is still some
the 17th century there is still some
the 17th century there is still some statistic cases they all basically these
statistic cases they all basically these
statistic cases they all basically these trials basically stop happening right
trials basically stop happening right
trials basically stop happening right and so that seems to imply to me anyway
and so that seems to imply to me anyway
and so that seems to imply to me anyway that this that this sort of rule of law
that this that this sort of rule of law
that this that this sort of rule of law idea it sort of spreads through it
idea it sort of spreads through it
idea it sort of spreads through it spreads through the community first and
spreads through the community first and
spreads through the community first and then you have this subsequent belief
then you have this subsequent belief
then you have this subsequent belief which is that of the this sort of the
which is that of the this sort of the
which is that of the this sort of the idea of animals as being these
idea of animals as being these
idea of animals as being these mechanical constructs right that I think
mechanical constructs right that I think
mechanical constructs right that I think is sort of this interesting takeaway
is sort of this interesting takeaway
is sort of this interesting takeaway from the Renaissance right now we we
from the Renaissance right now we we
from the Renaissance right now we we talk about with a personhood as being
talk about with a personhood as being
talk about with a personhood as being this this it suddenly becomes flexible
this this it suddenly becomes flexible
this this it suddenly becomes flexible becomes mutable it’s no longer this
becomes mutable it’s no longer this
becomes mutable it’s no longer this abstract inalienable rockhard thing but
abstract inalienable rockhard thing but
abstract inalienable rockhard thing but it becomes subject to the intuition is
it becomes subject to the intuition is
it becomes subject to the intuition is that we hold
that we hold
that we hold about what it means to be a person with
about what it means to be a person with
about what it means to be a person with legally or morally or whatever which
legally or morally or whatever which
legally or morally or whatever which bring us to where we’re going now happy
bring us to where we’re going now happy
bring us to where we’re going now happy little dolphin so it seems to me that
little dolphin so it seems to me that
little dolphin so it seems to me that because of the the way these these
because of the the way these these
because of the the way these these trials the number of which diminishes
trials the number of which diminishes
trials the number of which diminishes but suddenly we have now I think in the
but suddenly we have now I think in the
but suddenly we have now I think in the early 20th century we have this this is
early 20th century we have this this is
early 20th century we have this this is somehow a resurgence there’s this
somehow a resurgence there’s this
somehow a resurgence there’s this there’s this new growth of people
there’s this new growth of people
there’s this new growth of people talking about animals as if they’re
talking about animals as if they’re
talking about animals as if they’re persons and this I think is a lot of
persons and this I think is a lot of
persons and this I think is a lot of there’s there’s a lot of reasons this
there’s there’s a lot of reasons this
there’s there’s a lot of reasons this one of which is the cause and in the
one of which is the cause and in the
one of which is the cause and in the Western world we tend to award person in
Western world we tend to award person in
Western world we tend to award person in the contemporary Western world we tend
the contemporary Western world we tend
the contemporary Western world we tend to award personhood on the basis of
to award personhood on the basis of
to award personhood on the basis of intelligence so we don’t know we no
intelligence so we don’t know we no
intelligence so we don’t know we no longer a water in the basis and the
longer a water in the basis and the
longer a water in the basis and the basis of religious community so what
basis of religious community so what
basis of religious community so what happens is all these sort of all these
happens is all these sort of all these
happens is all these sort of all these studies come out about animal cognition
studies come out about animal cognition
studies come out about animal cognition and people starts thinking seriously
and people starts thinking seriously
and people starts thinking seriously about what kinds of what kinds of
about what kinds of what kinds of
about what kinds of what kinds of conditions one needs to meet in order to
conditions one needs to meet in order to
conditions one needs to meet in order to become a person right and so you have
become a person right and so you have
become a person right and so you have these these there’s been a number of
these these there’s been a number of
these these there’s been a number of interesting cases so in Switzerland in
interesting cases so in Switzerland in
interesting cases so in Switzerland in 1992 animals were deemed as beings and
1992 animals were deemed as beings and
1992 animals were deemed as beings and not things under the law
not things under the law
not things under the law New Zealand gave basic legal rights to
New Zealand gave basic legal rights to
New Zealand gave basic legal rights to great apes in 1988 I think in 2002
great apes in 1988 I think in 2002
great apes in 1988 I think in 2002 Germany extended those same the same
Germany extended those same the same
Germany extended those same the same considerations to all animals in the
considerations to all animals in the
considerations to all animals in the early two-thousands their bowel near
early two-thousands their bowel near
early two-thousands their bowel near islands I’m probably missing that
islands I’m probably missing that
islands I’m probably missing that there’s an autonomous province of Spain
there’s an autonomous province of Spain
there’s an autonomous province of Spain gave full legal rights to all great apes
gave full legal rights to all great apes
gave full legal rights to all great apes and in 2015 which I think is the most
and in 2015 which I think is the most
and in 2015 which I think is the most amazing one for a very very brief period
amazing one for a very very brief period
amazing one for a very very brief period I mean it was really it was later
I mean it was really it was later
I mean it was really it was later redacted I was ladies to take taken out
redacted I was ladies to take taken out
redacted I was ladies to take taken out of the legal record for a very brief
of the legal record for a very brief
of the legal record for a very brief period period to lab chimpanzees at the
period period to lab chimpanzees at the
period period to lab chimpanzees at the State University of New York were
State University of New York were
State University of New York were awarded the right to habeas corpus there
awarded the right to habeas corpus there
awarded the right to habeas corpus there are awarded the right to not be
are awarded the right to not be
are awarded the right to not be contained without having committed a
contained without having committed a
contained without having committed a crime
crime
crime which meant they had the right not to be
which meant they had the right not to be
which meant they had the right not to be in cages that’s pretty amazing that
in cages that’s pretty amazing that
in cages that’s pretty amazing that right was when I think when the judge
right was when I think when the judge
right was when I think when the judge realized what he’d done
realized what he’d done
realized what he’d done there was a quick backpedaling
there was a quick backpedaling
there was a quick backpedaling but it’s this really fascinating thing
but it’s this really fascinating thing
but it’s this really fascinating thing where we like right now asked in the in
where we like right now asked in the in
where we like right now asked in the in the early 20th century
the early 20th century
the early 20th century you know we’ve so long taken these
you know we’ve so long taken these
you know we’ve so long taken these enlightened my dears of what it means to
enlightened my dears of what it means to
enlightened my dears of what it means to be a person kind of fer granted and then
be a person kind of fer granted and then
be a person kind of fer granted and then and then suddenly we’re confronted with
and then suddenly we’re confronted with
and then suddenly we’re confronted with you know something like this this sort
you know something like this this sort
you know something like this this sort of intelligent thinking feeling creature
of intelligent thinking feeling creature
of intelligent thinking feeling creature and we might weave into ourselves maybe
and we might weave into ourselves maybe
and we might weave into ourselves maybe we have to extend the borders of what it
we have to extend the borders of what it
we have to extend the borders of what it means to be a person a little bit maybe
means to be a person a little bit maybe
means to be a person a little bit maybe that’s just what we need to do and so
that’s just what we need to do and so
that’s just what we need to do and so you in keeping with the theme of the day
you in keeping with the theme of the day
you in keeping with the theme of the day this is the rise and fall right this is
this is the rise and fall right this is
this is the rise and fall right this is these kind of intuitions these are kind
these kind of intuitions these are kind
these kind of intuitions these are kind of a litmus test for for how we measure
of a litmus test for for how we measure
of a litmus test for for how we measure our own sense of what it means to be a
our own sense of what it means to be a
our own sense of what it means to be a person and I think that’s really
person and I think that’s really
person and I think that’s really interesting so that’s my takeaway
interesting so that’s my takeaway
interesting so that’s my takeaway message for you today anyway that’s all
message for you today anyway that’s all
message for you today anyway that’s all thank you
thank you
thank you [Applause]
”
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