Recently, I posted a series of videos where science writers talked about some of the fascinating things they learned at the 2012 American Association for the Advancement of Science conference. In one of those clips, Eric Michael Johnson talked a bit about a panel session on whether or not certain cetaceans—primarily whales and dolphins—deserve to have legal rights under the law, the same as people have.
This is an issue that just begs controversy. But in a recent blog post following up on that panel and the meaning behind it, Johnson explains that it's not quite as crazy an idea as it might at first sound.
It was just this understanding of rights as obligations that governments must obey that formed the basis for a declaration of rights for cetaceans (whales and dolphins) at the annual meeting of the American Association for the Advancement of Science held in Vancouver, Canada last month. Such a declaration is a minefield ripe for misunderstanding, as the BBC quickly demonstrated with their headline, “Dolphins deserve same rights as humans, say scientists.” However, according to Thomas I. White, Conrad N. Hilton Chair of Business Ethics at Loyola Marymount University in Los Angeles, the idea of granting personhood rights to nonhumans would not make them equal to humans under law. They would not vote, sit on a jury, or attend public school. However, by legally making whales and dolphins “nonhuman persons,” with individual rights under law, it would obligate governments to protect cetaceans from slaughter or abuse.
“The evidence for cognitive and affective sophistication—currently most strongly documented in dolphins—supports the claim that these cetaceans are ‘non-human persons,’” said White. As a result, cetaceans should be seen as “beyond use” by humans and have “moral standing” as individuals. “It is, therefore, ethically indefensible to kill, injure or keep these beings captive for human purposes,” he said.
Johnson also makes an interesting point—there's a legal basis for this kind of thing. After all, if corporations can be people, my friends, why not dolphins?
Maggie Koerth-Baker is the science editor at BoingBoing.net. She writes a monthly column for The New York Times Magazine and is the author of Before the Lights Go Out, a book about electricity, infrastructure, and the future of energy. You can find Maggie on Twitter and Facebook.