Latest / Ridiculous History / Animals On Trial, Part 2: Legal Personhood "Goes Wild"
Transcript
- 0:00Speaker 1: Ridiculous History is a production of iHeartRadio. Welcome back to
- 0:27Speaker 1: the show, Ridiculous Historians. Thank you, as always so much
- 0:30Speaker 1: for tuning in. Let's hear it for the keeper of
- 0:34Speaker 1: our zoo, guest producer Paul Mission Control second.
- 0:41Speaker 2: He's a very benevolent zoo keeper. He gives us treats
- 0:46Speaker 2: all kind hats and knows where just where it would
- 0:49Speaker 2: a scritch, right behind the ear.
- 0:51Speaker 1: He lets us play with our phones too, which a
- 0:54Speaker 1: lot of primates can't do.
- 0:56Speaker 3: That's what I got.
- 0:57Speaker 2: Yeah, what a hilarious thing to discus over the I
- 1:01Speaker 2: believe it is the Toronto Zoo. Yes, sir, yeah, that
- 1:05Speaker 2: was has a mandate not allowing visitors to show the
- 1:11Speaker 2: primates funny videos on their phones. Yes, yes, it was
- 1:15Speaker 2: causing them to experience some kind of disconnection from their
- 1:20Speaker 2: their you know, their mates.
- 1:22Speaker 1: They fell for the TikTok treads. Apparently it made them
- 1:26Speaker 1: act and process things differently. I'm ben your nol. This
- 1:31Speaker 1: is an exciting two part series, at least two parts.
- 1:35Speaker 1: Like you said earlier, dude, this may be something where
- 1:38Speaker 1: we revisit with a part three, but for now we're
- 1:41Speaker 1: talking about animals on trial. Man.
- 1:44Speaker 2: Yeah, animals on trial. You know, we started off with
- 1:48Speaker 2: a laundry list of some kind of uh messed up
- 1:51Speaker 2: historical examples of animals being put on trial, maybe for
- 1:56Speaker 2: the a little bit more self serving, for for religious
- 1:59Speaker 2: and institutions.
- 2:01Speaker 4: Wine, This wine should be put to death, and it's
- 2:05Speaker 4: human owner shall be made to create a dowry such
- 2:10Speaker 4: that the iarless child may be married.
- 2:12Speaker 3: Perhaps in the hopes theref Yeah.
- 2:15Speaker 2: But now well, and you know, in the back half
- 2:17Speaker 2: of the first episode, we moved much more towards modern
- 2:20Speaker 2: day of animal activist groups starting to kind of beat
- 2:26Speaker 2: the drum of animal you know, treating animals more like
- 2:31Speaker 2: people or at least giving them certain rights. And you know,
- 2:34Speaker 2: we had some discussions of some laws that have passed
- 2:38Speaker 2: in you know, certain places in the country and in
- 2:40Speaker 2: the world requiring you know, more humane treatment of animals
- 2:44Speaker 2: before they are ultimately slaughter, which.
- 2:46Speaker 3: I've always found kind of funny. I guess it's not.
- 2:48Speaker 3: I mean, of course, you know, you don't want them
- 2:50Speaker 3: to be tortured and suffer.
- 2:51Speaker 2: You know, obviously meat eating is a thing that's not
- 2:54Speaker 2: going anywhere. Can you imagine any of this ever going
- 2:58Speaker 2: to the extent of like it's illegal to kill.
- 3:01Speaker 1: Animals possibly, but if for that to happen, nol humanity
- 3:07Speaker 1: would be in a pretty dire situation already, right, like
- 3:13Speaker 1: biodiversity is decreasing at a profoundly disturbing rate. We know
- 3:19Speaker 1: that in the Anthropis scene, which is this current era
- 3:22Speaker 1: the age of Man, we know that Earth is experiencing
- 3:26Speaker 1: probably its sixth mass extinction. If you were listening now,
- 3:31Speaker 1: then there were far more animals alive when you were
- 3:36Speaker 1: born than there are as you're hearing this episode. It's
- 3:40Speaker 1: a bad situation. And also, you know, I'm really glad
- 3:43Speaker 1: you bring up this idea about eating meats, as you know,
- 3:46Speaker 1: because Noel and I do hang out off air with
- 3:49Speaker 1: each other. We are actually friends. As you know, dude,
- 3:53Speaker 1: I was vegetarian and vegan for a number of years,
- 3:59Speaker 1: and I I came back to becoming an omnivore when
- 4:03Speaker 1: I was living in a place where I did not
- 4:08Speaker 1: have the privilege to control a diet that way. And sometimes,
- 4:13Speaker 1: you know, we do have to remember, of course, for
- 4:14Speaker 1: any vegans vegetarians in the crowd, there are sustainable, non
- 4:19Speaker 1: cartoonish ways to practice veganism and vegetarianism. But for a
- 4:24Speaker 1: lot of people in the world, for billions of people,
- 4:29Speaker 1: that is simply not an opportunity within their scope of experience.
- 4:33Speaker 1: So we have to be like careful not to look
- 4:35Speaker 1: down on people for their dietary choices.
- 4:38Speaker 2: Sure, and just being you know, Devil's advocate here just
- 4:41Speaker 2: for a split second. Aren't there some people that go
- 4:44Speaker 2: so far as to make the argument that vegetables have
- 4:47Speaker 2: feelings too? I mean, they are they are living beings.
- 4:52Speaker 2: You know, they require nutrients, They require certain conditions to
- 4:57Speaker 2: allow them to quote unquote live. And are we not
- 5:00Speaker 2: committing vegetable genocide when we plow the fields? You know,
- 5:04Speaker 2: I mean, just there, it's a slippery slope. Plants do
- 5:07Speaker 2: communicate with each other. There's another stuff they want, you know,
- 5:10Speaker 2: episode about that. There's some excellent research going on there,
- 5:13Speaker 2: and slippery slope is absolutely correct in my opinion. It's
- 5:19Speaker 2: if given that humans don't have a definition of intelligence,
- 5:23Speaker 2: nor sentience nor sapiens, where does it stop.
- 5:28Speaker 1: You know what I mean? Like, what what is okay
- 5:31Speaker 1: to eat? And for any what are they called breath
- 5:35Speaker 1: arians in the crowd? Remember that scam where there was
- 5:38Speaker 1: like that one guy who's like, oh, you know, follow
- 5:42Speaker 1: me and you'll learn to subsist off just sun and
- 5:44Speaker 1: air didn't work out, by the way, spoilers.
- 5:47Speaker 3: WO wouldn't think.
- 5:48Speaker 2: So you can probably, you know, you can get some
- 5:50Speaker 2: you know, get some vitamins you know that way, but
- 5:52Speaker 2: not enough to subsist on and then to survive. But yeah,
- 5:58Speaker 2: I mean, we we've heard about some of these activists
- 6:00Speaker 2: that have tried to give animals protection under laws, not
- 6:05Speaker 2: just using more modern laws surrounding animal welfare, but things
- 6:11Speaker 2: specifically that would be applied more to humans. Right then,
- 6:16Speaker 2: the like for example, People for the Ethical Treatment of
- 6:19Speaker 2: Animals PETA, which can be a very divisive group if
- 6:22Speaker 2: well meaning, whether it be through some of the extreme
- 6:25Speaker 2: imagery of their campaigns or you know, some of the
- 6:29Speaker 2: initiatives that they that they go after, which we're going
- 6:32Speaker 2: to hear about some of them that maybe you would
- 6:33Speaker 2: say are pushing the boundaries of insanity.
- 6:37Speaker 3: Yeah.
- 6:38Speaker 1: Yeah, And in PETA's defense, of course, it's a huge,
- 6:41Speaker 1: huge organization, right, so it will not always be internally uniform.
- 6:48Speaker 1: There are gonna there is going to be dissent at
- 6:51Speaker 1: any time. So I love you're setting this up all right, PETA.
- 6:57Speaker 1: Once upon a time, sued A photographer David Slater. David
- 7:01Speaker 1: Slater had been taking some nature photos of wild maccoq's
- 7:05Speaker 1: mccac's and one day these, uh, these creatures there very
- 7:10Speaker 1: very clever monkeys. They used his camera to take selfies
- 7:15Speaker 1: and Slater said, this is amazing and he's right, by
- 7:18Speaker 1: the way, it is a cool it's a cool series
- 7:20Speaker 1: of photos. And he published them, presumably.
- 7:23Speaker 2: After getting them the ape to swipe for him on
- 7:26Speaker 2: tender right.
- 7:28Speaker 1: Yeah, just so and so so. Peter sues David Slater
- 7:34Speaker 1: in federal court and they say, look, this photographer infringed
- 7:40Speaker 1: upon the copyright of the monkeys. The judge kicked this
- 7:46Speaker 1: suit out of court quick fasted in a hurry and said,
- 7:50Speaker 1: I am not the person weigh in on this. This
- 7:53Speaker 1: is an issue for Congress and the president one exactly,
- 7:59Speaker 1: Joe Biden, stop cancel everything on the president's schedule. We
- 8:03Speaker 1: need to talk about the monkeys selfies.
- 8:06Speaker 2: What No, I get it though, right, because it is
- 8:08Speaker 2: just a big old ball of worms. I yeah, I
- 8:13Speaker 2: make some real metaphors there, but a barrel of macacus
- 8:19Speaker 2: is what this is. Because there is Yeah, you're one
- 8:22Speaker 2: hundred percent right, pin. It would unleash just an unbridled
- 8:27Speaker 2: slew of cases, you know, I mean, there would just
- 8:30Speaker 2: be it would be no stopping it. So you gotta
- 8:32Speaker 2: really be careful with this kind of thing. I do
- 8:34Speaker 2: think it's funny too, because doesn't copyright originate like on
- 8:37Speaker 2: the device sometimes too, So like if like even if
- 8:42Speaker 2: someone takes a picture using your camera and it's on
- 8:45Speaker 2: your device, can you really prove that? Well, I guess
- 8:48Speaker 2: you can prove it if it's a selfie. Never mind,
- 8:51Speaker 2: don't listen to me, but it is interesting here, and
- 8:53Speaker 2: it does seem like one of these sort of symbolic
- 8:56Speaker 2: lawsuits that Pete is so fond of.
- 8:58Speaker 1: No everybody listened to a If you are in court
- 9:01Speaker 1: for copyright, now you need to stand up. You need
- 9:05Speaker 1: to quote us up from Ridiculous History, right and say
- 9:09Speaker 1: from that show, from that show, Ridiculous History. And no
- 9:13Speaker 1: matter what anyone says, even if they agree with you,
- 9:15Speaker 1: be sure to shout.
- 9:17Speaker 3: You're out of order.
- 9:18Speaker 2: This who courts out of order to which the judge
- 9:21Speaker 2: will apply. I am not the person to weigh in
- 9:23Speaker 2: on this. This is an issue for Congress.
- 9:24Speaker 3: And the president. Take it right to the President's desk.
- 9:28Speaker 3: I love it.
- 9:29Speaker 2: I love it.
- 9:29Speaker 1: So the judge, yeah, I mean jokes aside, the judge
- 9:34Speaker 1: is probably airing on the right side of caution here
- 9:39Speaker 1: because you will set a precedent, and that's what all
- 9:42Speaker 1: these cases are about setting precedent. So I think you're right.
- 9:48Speaker 1: The judge said, I'm not touching this one. Other cases
- 9:52Speaker 1: around the world went further. In twenty thirteen, India's environmental
- 9:57Speaker 1: ministry said that citaceans are quote and we mentioned this
- 10:01Speaker 1: in that Legal Personhood episode on Stuff they want you
- 10:04Speaker 1: to Know. The government of India said, dolphins, whales, et
- 10:09Speaker 1: cetera at all are quote non human persons with quote
- 10:13Speaker 1: their own specific rights and that means you cannot keep
- 10:18Speaker 1: them sea world style for entertainment.
- 10:20Speaker 2: A huge shout out to the economists again for some
- 10:23Speaker 2: of these bits, really really fantastic article there that highly
- 10:27Speaker 2: recommend you read the entire thing gradually nervously.
- 10:30Speaker 3: Courts are granting rights to animals.
- 10:33Speaker 2: Cetacean's been We talked in the last episode about how
- 10:36Speaker 2: pissed off dolphins and whales are at us.
- 10:38Speaker 3: You know, I forget. I think it's called the Cove.
- 10:42Speaker 2: There's a documentary about like the slaughter of dolphins in
- 10:46Speaker 2: Japan and it's a pair. I haven't seen it because
- 10:49Speaker 2: it just seemed like such a bummer, but I've read
- 10:50Speaker 2: about and I'm aware. You know, dolphins are the victim
- 10:54Speaker 2: of some significant brutal slaughtering using.
- 10:57Speaker 3: Like lances, you know, So it's the whole thing.
- 11:00Speaker 2: And obviously whaling is I believe illegal now, but it's
- 11:05Speaker 2: more because they're endangered, I think, than the fact that
- 11:08Speaker 2: they're like sentient. I don't think it's a humanitarian you know,
- 11:11Speaker 2: on the part of the I think it's more like
- 11:14Speaker 2: their protected species.
- 11:15Speaker 3: Right.
- 11:16Speaker 1: Yeah. The issue is that the majority of the human
- 11:20Speaker 1: world is against whaling, but you can still you can
- 11:25Speaker 1: still see whaling in practice, particularly in Norway and Japan.
- 11:34Speaker 1: In some cases it's advertised as like a tradition. Japan
- 11:39Speaker 1: did something really sketchy for a number of years where
- 11:42Speaker 1: they said they were culling whales for research purposes. Yeah,
- 11:46Speaker 1: they were researching them into a plate, you know what
- 11:49Speaker 1: I mean.
- 11:49Speaker 2: Well, I think it's very similar with the cove and dolphins,
- 11:52Speaker 2: only that takes place in Japan as well. So the
- 11:57Speaker 2: fact and again we also know that these creatures communicate,
- 12:00Speaker 2: you know, using sonar, you know, and you communicate through
- 12:03Speaker 2: great distances underwater and that they are incredibly intelligent. If
- 12:07Speaker 2: you've seen the latest Avatar movie, James Cameron clearly has
- 12:11Speaker 2: an axe to grind in this argument. There's a whole
- 12:14Speaker 2: you know, save the Whales kind of vibe to that.
- 12:16Speaker 3: Movie Way of the Water. Mm hmm. Yeah.
- 12:19Speaker 2: I thought it was really great. I really enjoyed it.
- 12:21Speaker 2: I was not expecting to give two hoots about Avatar two,
- 12:25Speaker 2: but I.
- 12:25Speaker 3: Very much enjoy it.
- 12:26Speaker 2: That James Cameron really knows what he's doing in the
- 12:28Speaker 2: Avatar world at Disney is remarkable.
- 12:31Speaker 1: So also quote that in Quurte quote Avatar to Way
- 12:35Speaker 1: of Water. The year after India says no more citationans
- 12:47Speaker 1: kept for entertainment purposes, their Supreme Court says another has
- 12:53Speaker 1: another ruling that's profoundly fascinating. They say, look, all animals
- 12:58Speaker 1: have an inherent right to life under the Constitution of India,
- 13:03Speaker 1: but they can still be property, so like you can
- 13:07Speaker 1: still own chickens, but they do deserve to live. And
- 13:12Speaker 1: this case specifically revolved around a practice called forgive our
- 13:18Speaker 1: pronunciation here, folks Jali Cartou, in which men would take
- 13:25Speaker 1: possession of a young bull a male cow, and they
- 13:28Speaker 1: would tame it through torture, they would tame it by
- 13:33Speaker 1: mutilating it. And the court said, look, every species has
- 13:37Speaker 1: a right to life and security, and our view life
- 13:40Speaker 1: means something more than mere survival or instrumental value for
- 13:45Speaker 1: human beings. I love that. That is such a mic
- 13:48Speaker 1: drop moment, you.
- 13:49Speaker 2: Know, totally we get at least we could take that
- 13:51Speaker 2: advice with the way we interpret the Constitution, you know,
- 13:55Speaker 2: the idea that when we have the right to life,
- 13:58Speaker 2: liberty and of course the pursuit to have something, but
- 14:01Speaker 2: like life you know, in other countries means a hell
- 14:05Speaker 2: of a lot more than it does here in the
- 14:07Speaker 2: United States. You know, we do not have the right
- 14:09Speaker 2: to life in that we get like healthcare provided for us.
- 14:13Speaker 2: You know, there are many that absolutely don't have the
- 14:16Speaker 2: right to life, you know, under that interpretation.
- 14:20Speaker 3: Of the Constitution. So this is pretty progressive, pretty wild.
- 14:23Speaker 2: It does make me think too bad about I mean
- 14:25Speaker 2: a lot of these issues too, of animal cruelty that
- 14:28Speaker 2: are sort of like supported by tradition, you know, and
- 14:32Speaker 2: in history, like bullfighting, you know, which is obviously pretty horrific,
- 14:37Speaker 2: but it's there's such a history of it, you know,
- 14:39Speaker 2: it's such a legacy behind it, like whole families that
- 14:42Speaker 2: every generation is like, you know, a matador or whatever.
- 14:45Speaker 2: So it's like, what are your thoughts on things like that,
- 14:47Speaker 2: and how these conversations apply to ultimately quite brutal practices
- 14:52Speaker 2: that are you know, abusive of animals but are really
- 14:56Speaker 2: really popular.
- 14:57Speaker 1: Like fois gras, like veal as. That's a negotiation to make. Yeah,
- 15:03Speaker 1: it's a good question, man, because ultimately, hopefully without sounding
- 15:08Speaker 1: too cynical, I would pause it that it's the money
- 15:13Speaker 1: that moves so for something that is a great economic benefit,
- 15:19Speaker 1: you know, like bullfighting, it's not surprising that there would
- 15:24Speaker 1: be a lot of perhaps disingenuous arguments about legacy and
- 15:30Speaker 1: tradition and on and on and on. Those all feel
- 15:34Speaker 1: like they're just kind of code words for saying, look,
- 15:37Speaker 1: we make a lot of money off this, and we
- 15:39Speaker 1: need to continue profiting from it. Those practices are going
- 15:45Speaker 1: to stick around in some form or another, you know
- 15:48Speaker 1: what I mean. It wasn't too long ago in human
- 15:50Speaker 1: history where a great form of entertainment was to have
- 15:55Speaker 1: a tied up captured bear fight dogs and yeah, or
- 16:01Speaker 1: bad audit, or a dude armed with a pointy stick
- 16:04Speaker 1: fight a lion, you know, in a pit.
- 16:08Speaker 3: Yeah exactly.
- 16:09Speaker 2: I mean again, our very definition of humanity and personhood
- 16:13Speaker 2: you know, has changed over time, Like in the time
- 16:15Speaker 2: of ancient Rome and in Greece and all that, a
- 16:18Speaker 2: slave not in the same as the slave trade that
- 16:21Speaker 2: we would have here in the United States would not
- 16:22Speaker 2: have been considered a person or a criminal is no
- 16:25Speaker 2: longer considered a person. And to a degree, you know,
- 16:28Speaker 2: it gets complicated here when we think about the prison
- 16:31Speaker 2: system and like what rights actually you know, you're you're
- 16:34Speaker 2: stripped of rights when you do a thing, and oftentimes
- 16:37Speaker 2: we know based on We've had recent conversations with some
- 16:40Speaker 2: of the folks from.
- 16:40Speaker 3: Lava for Good about the problems.
- 16:43Speaker 2: Within the prison the justice system quote unquote, and how
- 16:46Speaker 2: when someone is stripped of their rights because of a crime,
- 16:49Speaker 2: even like their right to vote, isn't that removing a
- 16:52Speaker 2: certain amount of their personhood?
- 16:54Speaker 1: You know? Right exactly? This is again even with humans,
- 16:59Speaker 1: the idea of personhood is something that humans wrestle with, right,
- 17:03Speaker 1: So while it may sound overly ambitious to start thinking
- 17:09Speaker 1: of other non human creatures as deserving of rights, it
- 17:14Speaker 1: is absolutely a path that would be overall a net
- 17:17Speaker 1: gain for the world, like for biodiversity, for the environment,
- 17:22Speaker 1: probably for the economy at some point. The biggest legal
- 17:26Speaker 1: challenge that has arrived so far as we're recording this
- 17:30Speaker 1: in twenty twenty three, the biggest legal challenges come from
- 17:34Speaker 1: attempts to give animals something called habeas corpus rights. Habeas
- 17:41Speaker 1: corpus is the idea that you have the body. We
- 17:45Speaker 1: always hear this in legal dramas, you know. It's essentially
- 17:50Speaker 1: it means in the human world, if you are under arrest,
- 17:56Speaker 1: then you have the right to be bought before a
- 17:58Speaker 1: judge or into and they have to prove that there
- 18:04Speaker 1: is a lawful legal reason to keep you locked up.
- 18:07Speaker 1: Because they have you locked up, they have the body.
- 18:10Speaker 1: Now they have to prove that there's a reason they
- 18:14Speaker 1: have that. So so think about this applied to zoos. Right,
- 18:18Speaker 1: If you are like Sousia, a chimpanzee in a Brazilian
- 18:24Speaker 1: zoo in two thousand and five, then animal rights activists
- 18:29Speaker 1: are going to fight on your behalf. This poor chimp
- 18:31Speaker 1: was found dead in her cage before the court could
- 18:35Speaker 1: rule in this habeas corpus case. And then it happens
- 18:39Speaker 1: in all these other places, happened in Europe as well.
- 18:42Speaker 2: I have to imagine man that in the Brazilian case,
- 18:44Speaker 2: due to the you know, the animal obviously dying, that
- 18:47Speaker 2: there was a concern that the conditions were not good.
- 18:51Speaker 3: They pursued this.
- 18:52Speaker 2: But yeah, because I mean, again, we know that there
- 18:54Speaker 2: are certain zoo situations that are not bad, that where
- 18:58Speaker 2: the zoo keepers really are, you know, treating the them
- 19:00Speaker 2: all with respect and giving them a lot of attention,
- 19:02Speaker 2: and they have maybe not the same amount of room
- 19:04Speaker 2: as they would in the wild, but they have a
- 19:06Speaker 2: good bit of room and a good facsimile of their
- 19:09Speaker 2: kind of natural habitat, and a lot of them. If
- 19:11Speaker 2: they were out in the wild, they wouldn't make it. Sorry,
- 19:14Speaker 2: I don't mean to keep sounding like a zoo apologist.
- 19:16Speaker 2: I just really appreciate that mission. Yeah, exactly, I appreciate
- 19:20Speaker 2: that mission, you know, when it's done correctly, and obviously
- 19:24Speaker 2: in cases like this where it's treated more like a
- 19:26Speaker 2: circus attraction, you know, or it's no ca I mean, probably.
- 19:29Speaker 3: Some circuses are fine too, but it's all about.
- 19:31Speaker 2: How the animals are treated, and in this case, obviously
- 19:33Speaker 2: it led to the untimely death of this creature. In
- 19:37Speaker 2: two thousand and seven activists in Austria applied to make
- 19:43Speaker 2: a member of their group the legal guardian of a
- 19:47Speaker 2: chimpanzee by the name of Hiel, which had been released
- 19:53Speaker 2: from a pharmaceutical lab. And in this case, the European
- 19:57Speaker 2: Court of Human Rights rejected this application.
- 20:02Speaker 1: Boo, there you know what they're biased. You can tell
- 20:06Speaker 1: in the name European Court of Human Rights. Get out
- 20:09Speaker 1: of here, you're out of your depth.
- 20:11Speaker 3: Well, unfortunately that's the thing, though the other one doesn't exist.
- 20:14Speaker 2: And what you know, I was talking to a friend
- 20:15Speaker 2: of the show, Frank well Hern yesterday about how legal
- 20:23Speaker 2: conversation and like you discussing things that.
- 20:25Speaker 3: Are like legal codes or whatever like ye, that are
- 20:28Speaker 3: on the books.
- 20:29Speaker 2: It's interesting because it kind of takes the whole idea
- 20:32Speaker 2: of like opinion out of things in a lot of ways,
- 20:34Speaker 2: because we all know that laws are imperfect. But that's
- 20:38Speaker 2: not the point. We're not here to debate whether the
- 20:40Speaker 2: laws are right or wrong. We're here to work within
- 20:43Speaker 2: the framework of what exists. So you have to figure
- 20:46Speaker 2: out how to navigate all of this animal stuff within
- 20:50Speaker 2: a body that literally has the name human in the title.
- 20:53Speaker 3: And then that's how this all started.
- 20:55Speaker 2: Was like you know, how do we navigate these human
- 20:57Speaker 2: laws and apply them to animals? Figure out a loophole
- 21:01Speaker 2: to get It's imperfect, all of it, you know, but
- 21:04Speaker 2: it is. It is what you have to do.
- 21:06Speaker 1: And there is some good news as of late, human
- 21:11Speaker 1: rights or excuse me, animal rights lawyers have started to
- 21:14Speaker 1: win some cases in court. In twenty fourteen, Argentina's Criminal
- 21:20Speaker 1: Appeals Court found that Sandra and orangutan and the Buenos
- 21:24Speaker 1: Aire zou did count as a non human person and
- 21:30Speaker 1: they were This was an animal cruelty case, but this
- 21:34Speaker 1: was also a huge, huge win for animal rights. And
- 21:39Speaker 1: as longtime listeners may know, I have been going through
- 21:43Speaker 1: an orangutan rabbit hole obsession of late. So I'm pro.
- 21:49Speaker 1: I am pro arangutan man.
- 21:51Speaker 3: The cool creatures, no question. So do you know cool
- 21:54Speaker 3: is chimpanzees?
- 21:55Speaker 2: They'll also rip your head off if you mean to him,
- 21:58Speaker 2: and so don't be mean to him. But Cecilia, a
- 22:01Speaker 2: chimpanzee in a zoo in Argentina, was declared a non
- 22:07Speaker 2: human person who had been deprived of her freedom by
- 22:11Speaker 2: being placed in the zoo.
- 22:12Speaker 3: How about that.
- 22:15Speaker 2: Was ordered to be taken to a sanctuary in Brazil.
- 22:18Speaker 2: You know, because I mean the difference between the zoo
- 22:20Speaker 2: and a sanctuary. The sanctuary is like a piece of
- 22:23Speaker 2: land that is more natural. It is a natural environment
- 22:26Speaker 2: that is predetermined, and you know, there obviously are boundaries,
- 22:29Speaker 2: right like otherwise they would just escape and go into
- 22:32Speaker 2: gen pop or whatever. So, but it's not the same
- 22:34Speaker 2: as being held in a cage at a zoo.
- 22:37Speaker 3: Yeah.
- 22:38Speaker 1: And then in twenty seventeen in Colombia, we see the
- 22:43Speaker 1: Supreme Court of that country ruling that Chucho spectacles, Chucho,
- 22:50Speaker 1: a bear with spectacles, is counted as a non human person,
- 22:55Speaker 1: and they say, look, we're taking him out of this
- 22:57Speaker 1: zoo and we're putting him in a wildlife reserve. Uh,
- 23:01Speaker 1: he can keep his glasses.
- 23:02Speaker 3: And I love the idea of a bear with spectacles.
- 23:05Speaker 3: I think I think it's a breed. You're right, right,
- 23:08Speaker 3: you know, you were just I'm sorry. I'm sorry, that's all.
- 23:11Speaker 3: We can't have nice things.
- 23:12Speaker 1: I just you don't know. The truth is important.
- 23:15Speaker 2: And picturing the bear with glasses bouncing, dancing on a ball,
- 23:19Speaker 2: spinning plates, you know.
- 23:21Speaker 1: I I picture him like like Hank McCoy, like the
- 23:25Speaker 1: beast in the Marvel Years. I picture him in court,
- 23:28Speaker 1: going like, you know.
- 23:30Speaker 3: Do I not wear spectacles? You prick me? Do I
- 23:34Speaker 3: not bleed? Exactly? It's my fur not blue.
- 23:38Speaker 2: But outside of South America, we haven't really seen a
- 23:44Speaker 2: lot of these arguments carry much water.
- 23:47Speaker 3: Yeah, that's right.
- 23:48Speaker 1: It's unclear right now how to how to triage or priority?
- 23:56Speaker 3: Right? Yeah?
- 23:57Speaker 1: Like which species do the respect that you are supposed
- 24:03Speaker 1: to give human beings? You know, the short list is
- 24:06Speaker 1: always the super duper intelligent creatures. But should we sentence
- 24:13Speaker 1: other life forms to a brutal, horrifying existence and then
- 24:17Speaker 1: death just because they're dumb? If we start torturing and
- 24:21Speaker 1: killing living things just because they're dumb, a lot of
- 24:25Speaker 1: humans are going to have a bad day.
- 24:26Speaker 3: No, no doubt.
- 24:28Speaker 2: And it's also the whole argument that we see about
- 24:30Speaker 2: animal testing, right. You know, obviously there are certain types
- 24:34Speaker 2: of animal testing that are inherently cruel, like we've talked
- 24:37Speaker 2: about with the cosmetic testing and certain pharmaceutical testing. But
- 24:42Speaker 2: it can't be overlooked that certain apes, you know, and
- 24:47Speaker 2: lab rats and such, you know, certain creatures that are
- 24:50Speaker 2: routinely used to study medications that can save human lives.
- 24:56Speaker 2: So at that point it's sort of a balancing act.
- 24:59Speaker 2: You know, you're sort of doing the whole weighing thing,
- 25:01Speaker 2: like is which one is the greater you know species,
- 25:06Speaker 2: you know which one deserves you know, like as no
- 25:08Speaker 2: one's making the argument of doing you know, human testing,
- 25:11Speaker 2: even though we certainly have in the past. Ben if
- 25:14Speaker 2: you want to find out more about that, read stuff
- 25:15Speaker 2: they don't want you to know.
- 25:16Speaker 3: Book.
- 25:17Speaker 2: There's a whole chapter on human experimentation. There's very much
- 25:20Speaker 2: a thing, you know, that is not that far removed
- 25:23Speaker 2: from from the present time. But thankfully, at least you know,
- 25:27Speaker 2: mainstream we've gotten past that.
- 25:29Speaker 1: Yeah, agreed, And you know the law is a patchwork,
- 25:35Speaker 1: and that that is the opinion of the pre eminent
- 25:38Speaker 1: experts on this field of study. We're talking about people
- 25:41Speaker 1: like Kristen Stilt, who teaches animal law at Harvard Law School.
- 25:47Speaker 1: Animals still lack rights, says Stilt, but the line separating
- 25:51Speaker 1: animals from people is getting increasingly eroded by these rulings
- 25:57Speaker 1: in India, Argentina, Columbia. And there are people who fire
- 26:02Speaker 1: back at this, who say that personhood might be a
- 26:06Speaker 1: nice idea, but it's not gonna work, And they're not
- 26:10Speaker 1: trying to be jerks. When they say this, they're entering
- 26:13Speaker 1: again into some philosophical moral quandaries.
- 26:17Speaker 3: Right.
- 26:24Speaker 1: For instance, there's this idea that bestowing legal personhood on
- 26:29Speaker 1: an animal is at heart, it's meant to protect them
- 26:34Speaker 1: from the actions of humans. It's meant to protect them
- 26:37Speaker 1: from things like factory farming. Its to protect them from
- 26:43Speaker 1: lab research.
- 26:44Speaker 2: And I've been looking for an opportunity to bring this up.
- 26:45Speaker 2: I think I missed it when it first came up.
- 26:47Speaker 2: But remember the story of Tusco, the elephant that was
- 26:52Speaker 2: used in LSD research the University of Oklahoma, was injected
- 26:56Speaker 2: with three hundred milligrams of LSD, which is about three
- 27:00Speaker 2: thousand times would be considered a human recreational dose, and
- 27:04Speaker 2: he died pretty quickly. It's not clear as to whether
- 27:07Speaker 2: the LSD caused him to die or whether it was
- 27:09Speaker 2: to help the stuff that they used to revive him.
- 27:12Speaker 1: But yeah, to protect them from stuff like that. Yeah,
- 27:18Speaker 1: and we see these stories pop up, they go viral.
- 27:23Speaker 3: In the media.
- 27:24Speaker 1: Right, look at this animal doing a crazy human like thing.
- 27:29Speaker 1: This pig got drunk and then tried to fight a
- 27:32Speaker 1: bigger animal, or this bear did cocaine, or look at
- 27:37Speaker 1: this orangutang. They're dressing up like a person, you know,
- 27:41Speaker 1: and these things, these stories, the reason they connect with
- 27:45Speaker 1: people is entirely because humans feel this fundamental connection, this
- 27:51Speaker 1: fundamental commonality with all living things. And if you look
- 27:58Speaker 1: at the legal system the humans have created, if you
- 28:00Speaker 1: want to force humans to treat animals as legal persons
- 28:05Speaker 1: and remedy that inadequacy of animal protection, then what you're
- 28:10Speaker 1: going to find is that it is kind of a
- 28:13Speaker 1: reaction to the systematic failure of traditional animal welfare laws.
- 28:20Speaker 1: They don't really protect animals in any meaningful way. That's
- 28:24Speaker 1: the argument.
- 28:26Speaker 2: I mean again, that's we know this to be true
- 28:30Speaker 2: just from the farming, the factory farming stuff alone. You know,
- 28:35Speaker 2: despite the best efforts of activists, we know there are
- 28:38Speaker 2: still pretty gnarly conditions, you know, in certain very large
- 28:44Speaker 2: scaled kind of factory farms.
- 28:46Speaker 1: Oh yeah, man, I mean there are conferences about this
- 28:49Speaker 1: all the time. No one at these conferences is a villain, okay,
- 28:54Speaker 1: just you know, there's no like Craven the Hunter character
- 28:57Speaker 1: showing up in stingray Bo with like a tiger fur stole.
- 29:04Speaker 1: It's just just just notioning on some whale meat snacks.
- 29:10Speaker 1: Fig Yeah, no, no, what's going Adams are the worst
- 29:13Speaker 1: and it's fun to hurt them. They're saying things like,
- 29:16Speaker 1: how do we how do we make the world a
- 29:18Speaker 1: better place, which is a beautiful question, it's a very
- 29:21Speaker 1: difficult question to answer. And the idea that humans should
- 29:27Speaker 1: be the arbiters of these decisions is already kind of
- 29:32Speaker 1: inherently off base, right, It's already sort of biased. Say,
- 29:39Speaker 1: you'll say, we are not animals. We can save them, though,
- 29:44Speaker 1: and we can treat them almost like they're as cool
- 29:47Speaker 1: as us, And that's kind of that's kind of weird, right.
- 29:52Speaker 1: If we flip the idea and we assume that the
- 29:56Speaker 1: animals become the arbiters, then we're left with a really
- 30:00Speaker 1: thing like imagine animals denying they are people. By denying
- 30:08Speaker 1: that humans are animals, it just ties my brain in
- 30:12Speaker 1: a knot, you know what I mean.
- 30:14Speaker 2: It's wild, there's no question about it, I mean, you know,
- 30:17Speaker 2: And it just goes to show in all these examples
- 30:21Speaker 2: that we've we've brought up in how the legal system
- 30:23Speaker 2: kind of has to be sort of navigated, you know,
- 30:26Speaker 2: in order to even have any change take place in
- 30:31Speaker 2: the treatment of animals.
- 30:32Speaker 1: One hundred percent, you know, and the push to create
- 30:36Speaker 1: animal personhood within the bounds of the law can only
- 30:39Speaker 1: go so far, you know, Like we like we've been
- 30:43Speaker 1: saying for this whole week, the animal personhood idea usually
- 30:48Speaker 1: applies to the very the very very smart creatures as
- 30:52Speaker 1: humans understand intelligence sort of the odd students of their biome.
- 30:57Speaker 1: But we can't sentence other animals torture just because we
- 31:01Speaker 1: don't think they're super smart. And we probably need to
- 31:05Speaker 1: look a little bit closer at the idea of domestication,
- 31:08Speaker 1: right at the idea of animals that remain wild. Does
- 31:14Speaker 1: a snow leopard, for instance, which is not a domesticated animal,
- 31:18Speaker 1: does it have the same right to life and dignity
- 31:23Speaker 1: and the pursuit of happiness as a cetacean or a human.
- 31:28Speaker 1: And then what about you know, what about the pigs,
- 31:32Speaker 1: what about the cows, what about the goats? What about
- 31:35Speaker 1: the sheep? That like, making this personhood move for all
- 31:41Speaker 1: living animals, the current human economy just is not capable
- 31:47Speaker 1: of doing that, right.
- 31:48Speaker 3: Yeah, yeah, And it comes back to what I asked.
- 31:51Speaker 2: Earlier, the idea of like, is there a world where
- 31:55Speaker 2: one day it's like, you know, killing an animal is
- 31:57Speaker 2: made illegal, and I would argue that it would take
- 31:59Speaker 2: so much to get to anything resembling that, And I
- 32:02Speaker 2: don't think anyone's even calling for that, because again, like
- 32:07Speaker 2: these we know that animals kill each other every day,
- 32:10Speaker 2: and that like there is like you know, to not
- 32:12Speaker 2: be too lion king about. It's sort of a circle
- 32:14Speaker 2: of life, and that humans happen to have evolved out
- 32:17Speaker 2: of like a hunter gatherer society, like through technology.
- 32:21Speaker 3: But we still like eating meats, you know.
- 32:23Speaker 2: So the question is because we don't need them exactly.
- 32:27Speaker 2: We could all survive on like impossible burgers and lab
- 32:31Speaker 2: grown stuff, right, And maybe that there is an argument
- 32:34Speaker 2: we made, if not only because of the implications on
- 32:39Speaker 2: the environment, you know, from cattle farming, you know, and
- 32:42Speaker 2: like the the water that it takes to feed cattle,
- 32:46Speaker 2: you know, and like, you know, things like that and resources.
- 32:49Speaker 3: So we could make the.
- 32:51Speaker 2: Argument that we don't need to eat animals and that
- 32:53Speaker 2: is a luxury, and therefore because it's inhumane perhaps and
- 32:58Speaker 2: it contributes to problems with the environment, that we should
- 33:01Speaker 2: stop entirely.
- 33:02Speaker 3: But we like our stuff, We like our comforts.
- 33:06Speaker 2: Here, you know, in the United States, it's the sort
- 33:08Speaker 2: of some massive sea change or like shift in the
- 33:12Speaker 2: old Overton window.
- 33:14Speaker 3: I just don't see that ever happening.
- 33:16Speaker 1: Yeah, Yeah, it's tough because you're you're nailing all the
- 33:20Speaker 1: right things, man Like, it is completely possible for people
- 33:24Speaker 1: to exist as a vegetarian species, right largely, And it
- 33:31Speaker 1: makes me think that the real question is how do
- 33:36Speaker 1: we constrict humanity enough to allow other species to coexist?
- 33:43Speaker 1: That's the real problem, right, Like, That's that's where the
- 33:46Speaker 1: rubber hits the road and the idea of legal personhood
- 33:50Speaker 1: of animals? Is that going to change the way that
- 33:55Speaker 1: poachers work in different parts of the world?
- 33:59Speaker 3: Right?
- 33:59Speaker 1: Is that going to Is that going to stop the
- 34:02Speaker 1: ivory trade? Is that going to stop processing a bare
- 34:05Speaker 1: bile or creation of was it shark sharks fin soup,
- 34:10Speaker 1: that kind of stuff? Sharks fan birds nest, shark fit
- 34:13Speaker 1: Those are the two.
- 34:14Speaker 3: Best, Yeah, the bad ones.
- 34:17Speaker 2: I think we could maybe come relatively close to closing
- 34:20Speaker 2: this one out there. There's a really great statement from
- 34:23Speaker 2: Saskia Stucky from the universal of Basel of Bessel referring,
- 34:30Speaker 2: you know, taking place in a paper presented at Yale
- 34:33Speaker 2: University called Personhood Beyond the Human and I think there's
- 34:38Speaker 2: a couple of really good pulls from this, and I'll
- 34:41Speaker 2: read this one if you want to read the next one.
- 34:44Speaker 2: To push to create an animal personhood within the law
- 34:46Speaker 2: only goes so far. It happily includes primates, domestic and
- 34:50Speaker 2: companion animals, elephants, dolphins, and the like. But it would
- 34:54Speaker 2: enhance the legal status only of those animals that stand
- 34:57Speaker 2: within the light of the human campfire, and animals on
- 35:00Speaker 2: whom it's easy to project human qualities like ding ding
- 35:04Speaker 2: ding intelligence, animals that have an obvious economic utility, or
- 35:09Speaker 2: that readily appear to be capable of suffering cruelty. It
- 35:13Speaker 2: stops well short, to put it mildly, of insisting on
- 35:16Speaker 2: something far more fundamental, that all species have an equal
- 35:19Speaker 2: and equivalent right to their own existence. And Ben, I
- 35:22Speaker 2: think this next one really nails it home if you
- 35:25Speaker 2: want to.
- 35:26Speaker 1: Of course, yeah, it continues. Even to call this a
- 35:31Speaker 1: right is to fall into a familiar legalistic and linguistic trap.
- 35:35Speaker 1: We don't have a word, much less a concept in
- 35:38Speaker 1: law to suggest that the existence of any species is
- 35:42Speaker 1: its own sufficient justification, a justification that applies to every species,
- 35:47Speaker 1: including us, whose justification is in no way superior to
- 35:51Speaker 1: that of other species. In the Western tradition, God was
- 35:55Speaker 1: the garantur of the equivalence of all species. God was all,
- 36:00Speaker 1: so of course the grant or to humans of dominion
- 36:03Speaker 1: overall species. So you can see even some of the
- 36:06Speaker 1: world's quote unquote smartest people end up chasing their own
- 36:10Speaker 1: tails and figure it out how best to address this problem.
- 36:15Speaker 2: Yeah, and this, this paper really just ends with a question,
- 36:17Speaker 2: which I think is where we in today. The important
- 36:20Speaker 2: question is how do we restrain humanity enough to allow
- 36:23Speaker 2: the continuing coexistence of other species? I wish we had
- 36:28Speaker 2: an answer. And then after two parts of this, I
- 36:31Speaker 2: think I have maybe more questions than answers because this
- 36:34Speaker 2: is a a real noodle scratcher, ben It really it
- 36:37Speaker 2: causes you to think so much about what it means
- 36:39Speaker 2: to be human and if that is even that special.
- 36:43Speaker 2: Like no, you know what I mean, I just mean
- 36:46Speaker 2: to the point of this paper, like what makes us
- 36:50Speaker 2: so great?
- 36:51Speaker 3: You know what I mean?
- 36:51Speaker 2: Like just just because we have opposable thumbs and can
- 36:54Speaker 2: think about thinking.
- 36:55Speaker 3: Like we can't You can't know anybody.
- 36:58Speaker 2: Else's experience or the experience lonely experience of an animal,
- 37:01Speaker 2: you know, so It's like, it seems very short sighted
- 37:04Speaker 2: and in human centric, and the same way that it
- 37:07Speaker 2: seems short sighted to think that any extraterrestrial encounter would
- 37:11Speaker 2: be some species or creature or type of thing that
- 37:13Speaker 2: would resemble us, that we could even communicate with or
- 37:16Speaker 2: relate to in any way. You know.
- 37:19Speaker 1: But let's take it one step beyond the beyond beyond
- 37:24Speaker 1: the Yeah, one step beyond the Uh? Isn't that the
- 37:28Speaker 1: Is that the show where it's just Riiker starting with
- 37:33Speaker 1: all these weird questions.
- 37:37Speaker 3: All the Star Trek guys got a science show.
- 37:39Speaker 1: Yeah, I gotta I gotta said the uh. Yeah, we
- 37:42Speaker 1: kind of wrote a couple. I gotta send the compilation
- 37:46Speaker 1: to you man, or maybe we can watch it together
- 37:48Speaker 1: because it's just amazing. Anyway, this this makes me think
- 37:53Speaker 1: of the scary thing a little step past the street light,
- 37:56Speaker 1: off the edge of the map, here be serpent stuff.
- 38:01Speaker 1: Extraterrestrials are statistically inevitable given the size of the universe,
- 38:06Speaker 1: And how likely is it that those creatures or entities
- 38:14Speaker 1: are having conversations like this about humans. We might just
- 38:20Speaker 1: be the insects, you know what I mean.
- 38:23Speaker 3: Who.
- 38:25Speaker 2: They're like.
- 38:25Speaker 3: Don't decide those the sound of my brain exploding.
- 38:28Speaker 1: I mean, it's it's a weird one.
- 38:31Speaker 2: It's a sci fi trope because it's absolutely uh reasonable
- 38:36Speaker 2: to think that there's some greater intelligence than us that's
- 38:39Speaker 2: looking down at us, and that we think we're so
- 38:41Speaker 2: hot and that we're at the top of the food
- 38:43Speaker 2: chain or whatever. I mean. A great example is the
- 38:46Speaker 2: movie Arrival, you know, where it's like they were like insects,
- 38:50Speaker 2: you know, to a sufficient enough you know, higher power
- 38:54Speaker 2: or whatever we would be to them, what we think
- 38:57Speaker 2: insects are to us, you know.
- 38:59Speaker 3: Yeah, An I'm.
- 39:00Speaker 2: Not trying to be nihilistic here, and this sort of
- 39:03Speaker 2: existentially dreadful down note, but that is kind of where
- 39:06Speaker 2: these these these you think it was a silly oh
- 39:08Speaker 2: animals in court, but it really does start to really
- 39:11Speaker 2: make you think about.
- 39:12Speaker 3: What it means to be alive, you know, and and
- 39:15Speaker 3: and for that I say kudos to doctor Z. What
- 39:19Speaker 3: a time.
- 39:20Speaker 1: Yes, thank you to doctor Z. Thank you of course
- 39:23Speaker 1: to repel Max Free Training Williams. Big big things, special things,
- 39:27Speaker 1: even like max Ada SOUNDQ. Thanks to our guest producer,
- 39:31Speaker 1: the Man the Myth a Legend, mister Paul Mission Controlled.
- 39:35Speaker 2: Decad not to mention Alex Williams, who composed our theme
- 39:44Speaker 2: Jonathan Strickland.
- 39:45Speaker 3: Man, that was cool to cool, it's a strong word.
- 39:47Speaker 3: It was.
- 39:49Speaker 2: It was informative and non fictional to have him back,
- 39:52Speaker 2: and uh man, I really pooped the bed on that
- 39:55Speaker 2: one with the whole coffee thing. At least were setting
- 40:00Speaker 2: the Giant Grandfather clock back to midnight threat level midnight
- 40:05Speaker 2: or the very least zero so we can start afresh.
- 40:08Speaker 2: So you won the battle, wist, but not the war.
- 40:13Speaker 1: Interesting fact. He is a pescatariant okay, that's the one
- 40:19Speaker 1: that only eats the shrimps, right. He cannot eat shellfish,
- 40:23Speaker 1: that's right, crazy algy fish and foul fowls like salmon.
- 40:29Speaker 1: He'll spash cock a chicken, you know what I mean?
- 40:31Speaker 2: I thought chicken didn't didn't qualify as pesca.
- 40:34Speaker 3: I thought pescal was specific.
- 40:35Speaker 1: Pesca is just for yeah, it's I can't remember the
- 40:38Speaker 1: specific word for both, like no pigs, no cattle.
- 40:43Speaker 3: No sheep.
- 40:44Speaker 1: He's just birds and birds and fish that are not shellfish.
- 40:50Speaker 3: Got it? Look, we could ask him. He will break
- 40:53Speaker 3: it down for us. Dude.
- 40:54Speaker 1: We could just ask him the next time we have
- 40:57Speaker 1: like thirty minutes at the.
- 40:59Speaker 3: End of an episode one hundred percent.
- 41:01Speaker 2: It looks like it's called the politarian dietsplitarian politarian. Sometimes
- 41:09Speaker 2: eat fish and seafood are considered pesca politarian.
- 41:14Speaker 1: Pesca politarian today I learned anyway, I feel fancy, like
- 41:18Speaker 1: a spectacled bear.
- 41:19Speaker 2: I feel pretty. I was so pretty and witty and bright.
- 41:22Speaker 2: And that's all thanks to you, Ben Any ridiculous.
- 41:25Speaker 1: The story and that stanks to you, Nol. And I'm
- 41:28Speaker 1: glad we're an audio podcast because I lost a bit
- 41:31Speaker 1: of my composure and I literally just smelt my armpit.
- 41:35Speaker 1: It's a part of us. I should probably keeps.
- 41:38Speaker 3: Good, Donisty's the best policy. We'll see you next time, folks.
- 41:48Speaker 2: For more podcasts from I Heeart Radio, visit the iHeartRadio app,
- 41:51Speaker 2: Apple Podcasts, or wherever you listen to your favorite shows.