The lawyers for the bees had an easier task ahead of them because they did not have to argue that bees are fishlike in any way. As noted in the opinion, they also outlined the “essentially undisputed” truths that “elephants are intelligent beings, who have the capacity for self-awareness, long-term memory, intentional communications, learning, and problem-solving skills, empathy, and significant emotional response.” The lawyers were arguing that Happy was humanlike enough to have a claim to legal personhood. There is no statutory definition of human Happy’s lawyers had to rely on external facts, like the fact that Happy was the first elephant to demonstrate self-recognition in a mirror.
#FISH ANYLOGIC FREE#
But should elephants be granted a right to be free from harmful captivity? Elephants aren’t requesting either of those rights (as far as we know). Corporations have the right to own property and the right to free speech. The legal fiction of ‘personhood’ grants those that can claim that mantle certain rights. In the case of corporations or elephants, granting legal personhood does not mean we are equating them scientifically or socially with human beings.
We have even granted things personhood rights-corporations are, legally, ‘persons.’
#FISH ANYLOGIC FULL#
We’ve had to correct grievous historical injustices by bringing women, children, Africans, and Indigenous people into the fold of full legal personhood. Therefore, Happy’s supporters needed to convince the Court that she was a “legal person with a …right to bodily liberty.” Expanding what fits into the category of ‘legal person’ isn’t a novel idea. Unsurprisingly, this right has only historically been used for people. This constitutional right is typically used by prisoners wanting to be released from captivity. The elephant’s advocates petitioned the court to release the elephant, named Happy, from confinement at the Bronx Zoo under the doctrine of habeas corpus. The apparent absurdity can, however, belie an underlying logic. It is tempting to conclude that this disconnect between legal definitions and our observed reality is evidence that lawyers are tricksters, and that faith in the judicial system is misplaced. Supreme Court decision declared them to legally be vegetables. Legal definitions are also often divorced from scientific understanding though tomatoes are botanically fruits, an 1893 U.S. Is there any logic to what judges do?Īny farmer who has grappled with the Produce Safety Rule’s definition of ‘farm’ knows all too well that legal definitions often don’t capture the meaning of words as they are used in everyday life. At the other end of the spectrum, the New York Court of Appeals stated the obvious when they issued an opinion telling us that elephants aren’t people and don’t have liberty rights.
A California court in May decided that the definition of fish can include bees, granting the latter endangered species protection.
#FISH ANYLOGIC INSTALL#
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