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)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

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.

1. La parution d’une nouvelle traduction française du Sophiste fait figure d’événement pour les nombreux amateurs du dialogue, puisque près de trente ans déjà nous séparent de la dernière traduction en date, proposée par Nestor-Luis Cordero (Platon : le Sophiste, Traduction inédite, introduction et notes, Paris, GF Flammarion, 1993). La traduction récente de Létitia Mouze est donc bienvenue, d’autant plus qu’elle arrive accompagnée de ce que l’autrice nomme un « guide de lecture » du dialogue...

I distinguish between the nineteenth- to twentieth-century (modernist) tendency to rehabilitate (white) femininity from the abject popular, and the twentieth- to twenty-first-century (postmodernist) tendency to rehabilitate the popular from abject white femininity. Careful attention to the role of nineteenth-century racial politics in Nietzsche's Gay Science shows that his work uses racial nonwhiteness to counter the supposedly deleterious effects of (white) femininity (passivity, conformity, and so on). This move—using racial nonwhiteness to rescue pop culture from white femininity—is a common twentieth- and (...) twenty-first-century practice. I use Nietzsche to track shifts from classical to neo-liberal methods of appropriating “difference.” Hipness is one form of this neoliberal approach to difference, and it is exemplified by the approach to race, gender, and pop culture in Vincente Minnelli's film The Band Wagon. I expand upon Robert Gooding-Williams's reading of this film, and argue that mid-century white hipness dissociates the popular from femininity and whiteness, and values the popular when performed by white men “acting black.” Hipness instrumentalizes femininity and racial nonwhiteness so that any benefits that might come from them accrue only to white men, and not to the female and male artists of color whose works are appropriated. (shrink)

Philosophers of literature do not take much of an interest in autobiography.1 In one sense this is not surprising. As a certain prejudice has it, autobiography is, along with biography, the preferred reading of people who do not really like to read. The very words can conjure up images of what one finds on bookshelves in Florida retirement communities and in underfunded public libraries, books with titles like Under the Rainbow: The Real Liza Minnelli or Me: Stories of My (...) Life (Katharine Hepburn).2 Hardly rousing material, at least from the philosophical point of view. But on a moment’s reflection, it becomes clear that the initial prejudice is unfounded. Never mind the fact that there are obviously .. (shrink)