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In recent years, lawyers have begun using personhood litigation.
Animal rights is a philosophical and ethical stance that animals have intrinsic value and certain basic moral rights (e.g., the right not to be used as property, not to be killed, not to suffer). Leading proponents (Peter Singer, Tom Regan) argue that sentient animals are "subjects-of-a-life" with inherent worth. Rights perspectives generally oppose: In recent years, lawyers have begun using personhood
The law is far more comfortable with welfare than with rights. Animal rights is a philosophical and ethical stance
Legally, animals are property. You can own a dog, a cow, or a hamster. If someone harms that animal, they are usually charged with "damaging property" or violating a specific anti-cruelty statute, not with assaulting a person. not to be killed
Welfare wins in the courthouse: The Animal Welfare Act (USA) or the Animal Health and Welfare Act (UK) are welfare laws. They regulate how warm a pig barn must be, how much space a chicken needs, and how far a transporter can drive without water.
Rights struggles in the courthouse: The Nonhuman Rights Project (NhRP) has spent years trying to get legal personhood (the right to bodily liberty) for captive chimpanzees and elephants. In 2022, the NY Court of Appeals—the highest court in New York—ruled against Happy the elephant, stating that while she is a "magnificent creature," she is not a "person" with the right to habeas corpus.
This case perfectly illustrates the ceiling of welfare: Happy the elephant had great welfare (a good zoo, good food, medical care). She has zero legal rights.
