What is the value of an animal’s life? The debate on how to classify an animal has been going on for longer than this country has been alive, dating back to Aristotle and ancient Greek philosophy. It has continued to this day, with the age-old question still being a hot topic in the modern world.
For me, this journey began when my mother and I were walking with our 7-month-old puppy, helplessly watching as he was hit by a reckless driver speeding through a crosswalk. After only a couple of days, I heard that my family, under U.S. law, could be liable to pay for damages of the man’s vehicle because our dog was merely property. I remember hearing the news with the image burned into my memory of a blue collar, torn and dirty, with a tag, stained with blood, where you could barely read the letters that spelled out my dog’s name: “Bailey.”
Within the United States, legislation has deemed animals to be a form of property, sourced from the logic that they are capable of being owned. So how does the current property status of animals legally constrain their protection and well-being? And, what are the core philosophical and legal arguments used by organizations advocating for and against the recognition of animal personhood?
Personhood is the legal and philosophical status of being an individual granted rights, protections, and moral consideration, distinguishing
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the entity from simple property. Advocates for animals being granted personhood have extensively documented the shortcomings of animal welfare laws, stating that they primarily regulate industry rather than protect animal interests.
Legal efforts, such as those by the Nonhuman Rights Project, have attempted to grant personhood to certain “cognitively complex animals,” like chimpanzees and elephants, but have faced constant rejection. The courts argue that the animal’s inability to take on legal duties and responsibilities as the primary reason for denying personhood, despite the fact that other nonhuman things have been granted the right of personhood (like some corporations and rivers). This underlines the main problem of this topic, as the current legal status of animals as property creates a barrier to establishing their fundamental rights, no matter how far we advance in animal welfare laws, and yet there has been little to no movement to change it.
Redefining an animal’s legal status from property to person would require society to internalize the true ethical cost of animal-reliant industries, potentially leading to widespread changes in consumer behavior, agricultural practices and scientific research; but, more importantly, it would require a major advance in the moral journey of human justice. This designation is not about granting every single right a human possesses, rather providing them with legal protections in a way that is not currently afforded to most animals, who are often treated as property.
As Brian Stevenson, a renowned American civil rights attorney, author, and the founder and executive director of the Equal Justice Initiative, once said, “You ultimately judge the civility of a society not by how it treats the rich, the powerful, the protected and the highly esteemed, but by how it treats the poor, the disfavored and the disadvantaged.” I believe that this applies not only to the people in our society, but the animals too.
So what can we do to fix these injustices? It will not be an easy problem to change. The most impact could be protesting and advocating for these laws to be implemented, doing things like talk to local law makers, volunteer at nonprofits and advocacy groups, and attend advocacy day in Sacramento.
However, that may be a lot to ask of some people. Instead, try to find little ways to improve the quality of life for animals around you. Adopt your pets from shelters or verified breeders, try and buy animal products from places that have third-party certifications like Certified Humane, Animal Welfare Approved or Global Animal Partnership and simply bring awareness to the lives and suffering of so many innocent animals within our society.