In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Traditionally, discussions of moral participation – and in particular moral agency – have focused on fully formed human actors. There has been some interest in the development of morality in humans, as well as interest in cultural differences when it comes to moral practices, commitments, and actions. However, until relatively recently, there has been little focus on the possibility that nonhuman animals have any role to play in morality, save being the objects of moral concern. Moreover, when nonhuman cases are (...) considered as evidence of moral agency or subjecthood, there has been an anthropocentric tendency to focus on those behaviors that inform our attributions of moral agency to humans. For example, some argue that the ability to evaluate the principles upon which a moral norm is grounded is required for full moral agency. Certainly, if a moral agent must understand what makes an action right or wrong, then most nonhuman animals would not qualify (and perhaps some humans too). However, if we are to understand the evolution of moral psychology and moral practice, we need to turn our attention to the foundations of full moral agency. We must first pay attention to the more broadly normative practices of other animals. Here, we begin that project by considering evidence that great apes and cetaceans participate in normative practices. (shrink)

The study of animal cognition raises profound questions about the minds of animals and philosophy of mind itself. Aristotle argued that humans are the only animal to laugh, but in recent experiments rats have also been shown to laugh. In other experiments, dogs have been shown to respond appropriately to over two hundred words in human language. In this introduction to the philosophy of animal minds Kristin Andrews introduces and assesses the essential topics, problems and debates as they cut across (...) animal cognition and philosophy of mind. She addresses the following key topics: what is cognition, and what is it to have a mind? What questions should we ask to determine whether behaviour has a cognitive basis? the science of animal minds explained: ethology, behaviourist psychology, and cognitive ethology rationality in animals animal consciousness: what does research into pain and the emotions reveal? What can empirical evidence about animal behaviour tell us about philosophical theories of consciousness? does animal cognition involve belief and concepts; do animals have a ‘Language of Thought’? animal communication other minds: do animals attribute ‘mindedness’ to other creatures? moral reasoning and ethical behaviour in animals animal cognition and memory. Extensive use of empirical examples and case studies is made throughout the book. These include Cheney and Seyfarth’s ververt monkey research, Thorndike’s cat puzzle boxes, Jensen’s research into humans and chimpanzees and the ultimatum game, Pankseep and Burgdorf’s research on rat laughter, and Clayton and Emery’s research on memory in scrub-jays. Additional features such as chapter summaries, annotated further reading and a glossary make this an indispensable introduction to those teaching philosophy of mind, animal cognition. It will also be an excellent resource for those in fields such as ethology, biology and psychology. (shrink)

In the context of animal cognitive research, anthropomorphism is defined as the attribution of uniquely human mental characteristics to animals. Those who worry about anthropomorphism in research, however, are immediately confronted with the question of which properties are uniquely human. One might think that researchers must first hypothesize the existence of a feature in an animal before they can, with warrant, claim that the property is uniquely human. But all too often, this isn't the approach. Rather, there is an a (...) priori argument against attributing some properties to animals. Which features are thought to be uniquely human on a priori grounds? The class can be quite large, including psychological states such as beliefs and desires, personality traits such as confidence or timidity, emotions such as happiness or anger, social organizational properties such as culture or friendship, moral behavior such as punishment or rape. For convenience, I will refer to the members of the class as "psychological properties". One critic includes feeling, purpose, intentionality, consciousness, and even cognition in his list of psychological properties that are incorrectly attributed to animals (Kennedy 1992). Among the critics, there is quite a bit of disagreement about what counts as an anthropomorphic attribution, and this alone should raise questions about the charge. We can identify two different questions about the practice of attributing psychological properties to animals within a scientific context. First we can ask whether it is scientifically respectable to examine questions about the mental, psychological, cultural, etc. states of animals. Those who bemoan anthropomorphism think that we ought not even ask such questions. I will look at the worries about asking the question, and argue that there is no special problem with it. The second question arises with an affirmative answer to the first. Given that it is scientifically respectable to examine whether an animal has a psychological property, there must be some scientifically respectable method for doing the examination.. (shrink)

The view that folk psychology is primarily mindreading beliefs and desires has come under challenge in recent years. I have argued that we also understand others in terms of individual properties such as personality traits and generalizations from past behavior, and in terms of group properties such as stereotypes and social norms (Andrews 2012). Others have also argued that propositional attitude attribution isn’t necessary for predicting others’ behavior, because this can be done in terms of taking Dennett’s Intentional Stance (Zawidzki (...) 2013), appealing to social structures (Maibom 2007), shared norms (McGeer 2007) or via solution based heuristics for reaching equilibrium between social partners (Morton 2003). But it isn’t only prediction that can be done without thinking about what others think; we can explain and understand people in terms of their personality traits, habitual behaviors, and social practices as well. The decentering of propositional attitude attributions goes hand in hand with a move away from taking folk psychology to be primarily a predictive device. While experiments examining folk psychological abilities in children, infants, and other species still rest on asking subjects to predict behavior, theoretical investigations as to the evolutionary function of folk psychology have stressed the role of explanation (Andrews 2012) and regulative functions (McGeer 2007, Zawidzki 2013, Fenici 2011). In this paper I argue that an explanatory role for folk psychology is also a regulative role, and that language is not required for these regulative functions. I will start by drawing out the relationship between prediction, explanation, and regulation of behavior according to both mindreading approaches to folk psychology and the pluralistic account I defend. I will argue that social cognition does not take the form of causal reasoning so much as it does normative reasoning, and will introduce the folk psychological spiral. Then I will examine the cognitive resources necessary for participating in the folk psychological spiral, and I will argue that these cognitive resources can be had without language. There is preliminary evidence that some other species understand one another through a normative lens that, through looping effects, creates expectations that community members strive to live up to. (shrink)

Personhood is not a redundant category, but a social cluster kind. On this view, chimpanzees have their own kind of personhood profile. Seeing that chimpanzees have a personhood profile allows us to argue that chimpanzees like Tommy are individuals who deserve rights under the law. If chimpanzee personhood is a matter of public policy that needs to be decided by society, then learning more about the person profiles of chimpanzees will be essential in making this case. As the public learns (...) what scientists have come to see, and with public conversations about what counts as a person, our society can make another ethical transformation that will be recognized by the courts. But without the metaphysical personhood concept to rely on, we will have a difficult time showing that chimpanzees should count as persons under the law. (shrink)

: I respond to an argument presented by Daniel Povinelli and Jennifer Vonk that the current generation of experiments on chimpanzee theory of mind cannot decide whether chimpanzees have the ability to reason about mental states. I argue that Povinelli and Vonk's proposed experiment is subject to their own criticisms and that there should be a more radical shift away from experiments that ask subjects to predict behavior. Further, I argue that Povinelli and Vonk's theoretical commitments should lead them to (...) accept this new approach, and that experiments which offer subjects the opportunity to look for explanations for anomalous behavior should be explored. (shrink)

In this review article of Dan Hutto's bok Folk Psychological Narratives: The Sociocultural Basis of Understanding Reasons, I argue that we can take a functional approach to FP that identifies it with the practice of explaining behaviour -- that is, we can understand folk psychology as having the purpose of explaining behaviour and promoting social cohesion by making others’ behaviour comprehensible, without thinking that this ability must be limited to those with linguistic abilities. One reason for thinking that language must (...) be implicated in FP explanations arises from the history of theorizing about the nature of scientific explanation. I will show that there are other models of explanation that are free from the metaphysical linguistic baggage of the traditional models, and argue that such models can be profitably used to make sense of an explanation-centred FP that need not involve the attribution of propositional attitudes or a functioning linguistic competence. Further, I will argue that there is evidence that pre-linguistic human children engage in explanatory practices, and that some of these explanations may be seen as narrative explanations in an important sense. (shrink)

on ). -/- Advice about how to move forward on the mindreading debate, particularly when it comes to overcoming the logical problem, is much needed in comparative psychology. In chapter 4 of his book Ockham’s Razors, Elliott Sober takes on the task by suggesting how we might uncover the mechanism that mediates between the environmental stimuli that is visible to all, and chimpanzee social behavior. I argue that Sober's proposed method for deciding between the behaivor-reading and mindreading hypotheses fails given (...) the nature of each of those hypotheses. I argue that the behavior-reading hypothesis that Povinelli and colleagues propose is so rich and robust that it is going to make predictions that are behaviorally indiscernible from the mindreading hypothesis. Further, I argue that the logical problem artificially separates one’s knowledge of behavior and one’s knowledge of mind. If we reject this form of dualism, the logical problem doesn’t arise. (shrink)

When we ask the question whether animals have their own folk psychology, we’re asking whether any other species has a commonsense conception of psychological phenomenon. Different versions of this question have been discussed over the past 25 years, but no clear answer has emerged. Perhaps one reason for this lack of progress is that we don’t clearly understand the question. I defend a two-fold view of folk psychology that takes as central the capacity to engage in some folk psychological practices (...) (e.g. predicting, explaining, coordinating, justifying, etc.) and the capacity to see another as minded. Given this account, I argue that chimpanzees, as intentional agents who engage in folk psychological practices and have some understanding of others as minded agents, are folk psychologists. -/- . (shrink)

According to the mental continuity claim (MCC), human mental faculties are physical and beneficial to human survival, so they must have evolved gradually from ancestral forms and we should expect to see their precursors across species. Materialism of mind coupled with Darwin’s evolutionary theory leads directly to such claims and even today arguments for animal mental properties are often presented with the MCC as a premise. However, the MCC has been often challenged among contemporary scholars. It is usually argued that (...) only humans use language and that language as such has no precursors in the animal kingdom. Moreover, language is quite often understood as a necessary tool for having representations and forming beliefs. As a consequence, by lacking language animals could not have developed representational systems or beliefs. In response to these worries, we aim to mount a limited defense of the MCC as an empirical hypothesis. First, we will provide a short historical overview of the origins of the MCC and examine some of the motives behind traditional arguments for and against it. Second, we will focus on one particular question, namely whether language as such is necessary for having beliefs. Our goal is to show that there is little reason to think language is necessary for belief. In doing so, we will challenge a view of belief that is widely accepted by those working in animal cognition, namely representational belief, and we will argue that if belief is non-representational, then different research questions and methods are required. We will conclude with an argument that to study the evolution of belief across species, it is essential to begin the study of subjects in their social and ecological environment rather than in contexts that are not ecologically valid along the social and ecological dimensions. Thus, rather than serving as a premise in an argument 3 in favor of animal minds, the MCC can only be defended by empirical investigation, but importantly, empirical investigation of the right sort.. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)