Rattling the Cage: Toward Legal Rights for Animals

by Steven M. Wise

Book Overview

Rattling the Cage explains how the failure to recognize the basic legal rights of chimpanzees and bonobos in light of modern scientific findings creates a glaring contradiction in our law.

In this witty, moving, persuasive, and impeccably researched argument, Wise demonstrates that the cognitive, emotional, and social capacities of these apes entitle them to freedom from imprisonment and abuse.

• Format: Paperback
• Language: English
• ISBN: 0738204374
• ISBN13: 9780738204376
• Release Date: December 2000
• Publisher: Westview Publishing
• Length: 384 Pages
• Weight: 1.35 lbs.
• Dimensions: 1.0" x 6.0" x 9.0"

Customer Reviews

Logical, Articulate, Compelling

The author's main goal is to effectively motivate the importance of establishing the legal "personhood" of chimpanzees and bonobos based on, among other things, their astounding genetic similarity to humans. His arguments are strong and convincing. Early on, the book guides the reader through the basics of modern and ancient legal systems. Later, many cases of chimpanzee and bonobo intelligence are meticulously documented. I learned a lot not only about animal cognition, but also about legal traditions. The possibilities for grand-scale changes are tantalizing. I predict this book will be the first rumble in an earthquake of changes to the way non-human animals are viewed by the law. A book like this will inevitably generate controversy and harsh criticism. Back when women were considered inferior to men, there were countless opponents to granting all humans the right to vote regardless of gender. Similarly, people who enslaved African Americans spoke out against establishing human rights that would apply to all regardless of race; in fact many threatened or even physically harmed folks who took a view counter to their own. Along the same lines, there will be many cowardly individuals who feel falsely endangered by an argument that paves the way toward the introduction of basic rights for non-humans. But the revolution has begun. Steven Wise has earned my profound respect. This is an excellent book.

Everyone should read this book.

A must read for anyone who has an interest in justice, human and nonhuman animal psychology, jurisprudence, or simply cares about animals. This book intellectualizes what many know in their heart: that the way the law treats nonhuman animals is illogical, anachronistic (not to mention shameful), and ripe for change. Moreover, it does so in an articulate, humorous, and extremely readable way.

The case for chimpanzee and bonobo personhood.

Steven Wise, a professor of law at Harvard University presents a compelling case for re-defining the legal status of our closest relatives, the chimpanzees and bonobos (pigmy chimps) from "thinghood" to "personhood". He traces the history of the legal staus of animals from early middle- and near-eastern writings such as the Code of Hammurabi and the Pentateuch, through European and English common law up to the present, using material and precedents derived from the great human rights struggles of the past century. He demonstrates that the materials for such a shift in legal definiton already exist. All that is missing is a great judge who will make a decision that radically restructures already existing precedents while reaffirming fundamental principles. Professor Wise draws on a wide body of knowledge including the legal history of slavery, definitions of consciousness, similarities of chimpanzee and bonobo DNA and brain structure, the work of Jane Goodall and Roger Fouts and childhood developmental stages. This scholarly, excellently researched book (which is also very readable) brings us up to date on the arguments for re-defining creatures, who share with us 97% of DNA, as persons under the law.

Rattling the Law

RATTLING THE LAWJust as Peter Singer and Tom Regan dramatically influenced the world of philosophy and environmental ethics by suggesting that nonhuman animals are worthy of moral consideration, this remarkable book by Steven Wise is a major contribution, if not the seminal work, in a developing body of jurisprudential writing that makes a case for the granting of appropriate legal rights to at least some non-human animals.Rattling the Cage is a comprehensively researched and captivating argument for the extension of legal rights to chimpanzees and bonobos (pygmy chimpanzees). It begins with an historical look at the origins of our pervasive and convenient cultural assumptions about the supposed inferiority of nonhuman beings and how that seemingly insurmountable prejudice is rooted in classical philosophy's concept of a Great Chain of Being that hierarchically places humans just below the Godly realms and all other animals far beneath man, and therefore deservedly subject to every human whim.Wise argues that the untold suffering of nonhumans at the hands of our species has been dubiously justified through the ages by seemingly infinite variations of this Great Chain of Being theme, and that the time has come, with the assistance of scientific revelations modern technology has afforded us (through such disciplines as psychology, anthropology, physiology, and ethology), to show that some nonhumans are far closer to us in both cognitive capacities and emotional makeup than we have previously believed or allowed ourselves to realize. Wise makes his case by analyzing exhaustive and unfailingly interesting (and sometimes riveting) studies of primate cognition and behavior, as well as anecdotal tales that indelibly etch his argument in our minds, and when one reads stories of such chimps as Lucy, who made tea for internationally renowned primatologist, Roger Fouts, each morning before her lessons in signing, our hearts as well.But, however thoroughly Wise makes the case for advanced cognition in chimpanzees, and in parts of the book such as his superb chapter on language and consciousness, he makes the case exceedingly well, the fundamental importance of his book lies elsewhere.As an accomplished attorney with over twenty years experience representing nonhuman beings in court, Wise walks us through the difficulties of finding relief, if not justice, for such a clientele. He explains the difference between legal thinghood and legal personhood, and here begins what this reader considers to be Wise's greatest contribution to the cause of animal rights. He claims that the crucial judicial distinction between the two concepts lies in the capacity for and degree of autonomy the subject or party in question possesses or exhibits, and suddenly his exhaustive presentation of non-human primate cognition takes on newfound meaning. Wise is seriously suggesting that non-human primates deserve to be elevated to the statu

Engaging the Issues with an Open Mind

These words came to mind again and again when I read this groundbreaking book about law, animals, and ethics --- engaging, creative, connecting, disciplined, encompassing, compassionate. Because the book weaves together many different modern concerns, it will challenge any reader's understanding of the nature of law and ethics generally, but especially as they relate to any living being, human or otherwise. And its readable style will force you to grapple with its many descriptive accounts and prescriptive suggestions. If you are of a conservative, traditional bent, you will find that, in one most basic and generic sense, the book can be seen a conservative argument. It honors traditional values such as dignity, liberty, and equality by examining them with an open mind. On the other hand, if you are of a liberal bent, you will resonate with the author's disciplined critique of the inherited paradigms that dominate contemporary American law. This is a book that any informed person should read, and it would make a good gift for those acquaintances who have strong opinions one way or the other about nonhuman animals or the current climate in which humans are re-thinking their relationship to the earth and its creatures.