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Legal Subjectivity of Chimps, or “Monkey Verdicts” in the United States

Author
Rydel, Konrad
Publication date
2020
Abstract (EN)

Practical implementation of the right to freedom by applying the habeas corpus order for animals is the subject of this work. The article deals with four proceedings initiated in the United States by the non-profit organization the Nonhuman Rights Project. The author tries to describe attempts to change the perception of animals only as things within the meaning of the law. Four court cases were presented for this purpose. All cases concerned the issue of a habeas corpus order for a chimpanzee. The article describes the most important fragments of court rulings on this subject and indicates the motives that determined the refusal to issue an order. In the following, the author presents the case of an orangutan, which was detained at a zoo in Buenos Aires and basically compares the positions of the courts. Mainly, the text presents key arguments raised by parties – supporters and opponents of issuing habeas corpus orders for animals. At the moment, there is no dominant position among lawyers and courts. Cases were precedential and therefore it cannot be determined how they will affect the legal system or the situation of animals.

Keywords PL
legal subjectivity
animal rights
dereification of animals
freedom
habeas corpus
PBN discipline
law
Monograph title
Legal protection of animals
Conference edition
Domestic, European Union and International Standards in Legal Protection of Animals
Pages from-to
333-342
ISBN
9788322793879
Open access license
Fair use