Comment The law of unintended consequences (Score 2) 641
Use to be that a person owed a dog no better treatment than they did a chair or silverware. The idea of animals as mere "chattel" has been slowly chipped away at over time. As people have come to view animals as having a higher status than a bookshelf, the law has slowly moved the same way. Animal abuse is generally a crime everywhere. Further the state can take away animals from people who mistreat them.......the same is not true for one who "mistreats" their wooden desk, no matter how public and violent the act may be.
The risk that these animal rights activist face is that of setting unfavorable precedent which, under the legal concept of stare decisis, could serve as a roadblock to courts future recognitions of animal "rights". There are also a myriad of peripheral issues that such a finding would raise. If a chimp is legally considered a person, what is their citizenship? Does the U.S. Constitution apply to them? Can they vote? The list goes on.
The risk that these animal rights activist face is that of setting unfavorable precedent which, under the legal concept of stare decisis, could serve as a roadblock to courts future recognitions of animal "rights". There are also a myriad of peripheral issues that such a finding would raise. If a chimp is legally considered a person, what is their citizenship? Does the U.S. Constitution apply to them? Can they vote? The list goes on.