Chimps have feelings and thoughts. They should also have rights

112,196 views ・ 2015-05-20

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Please double-click on the English subtitles below to play the video.

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I'd like to have you look at this pencil.
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It's a thing. It's a legal thing.
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And so are books you might have or the cars you own.
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They're all legal things.
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The great apes that you'll see behind me,
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they too are legal things.
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Now, I can do that to a legal thing.
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I can do whatever I want to my book or my car.
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These great apes, you'll see.
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The photographs are taken by a man named James Mollison
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who wrote a book called "James & Other Apes."
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And he tells in his book how every single one them,
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almost every one of them, is an orphan
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who saw his mother and father die before his eyes.
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They're legal things.
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So for centuries, there's been a great legal wall
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that separates legal things from legal persons.
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On one hand, legal things are invisible to judges.
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They don't count in law.
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They don't have any legal rights.
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They don't have the capacity for legal rights.
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They are the slaves.
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On the other side of that legal wall are the legal persons.
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Legal persons are very visible to judges.
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They count in law.
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They may have many rights.
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They have the capacity for an infinite number of rights.
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And they're the masters.
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Right now, all nonhuman animals are legal things.
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All human beings are legal persons.
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But being human and being a legal person
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has never been, and is not today, synonymous with a legal person.
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Humans and legal persons are not synonymous.
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On the one side,
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there have been many human beings over the centuries
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who have been legal things.
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Slaves were legal things.
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Women, children, were sometimes legal things.
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Indeed, a great deal of civil rights struggle over the last centuries
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has been to punch a hole through that wall and begin to feed
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these human things through the wall and have them become legal persons.
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But alas, that hole has closed up.
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Now, on the other side are legal persons,
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but they've never only been limited to human beings.
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There are, for example, there are many legal persons who are not even alive.
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In the United States,
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we're aware of the fact that corporations are legal persons.
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In pre-independence India,
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a court held that a Hindu idol was a legal person,
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that a mosque was a legal person.
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In 2000, the Indian Supreme Court
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held that the holy books of the Sikh religion was a legal person,
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and in 2012, just recently,
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there was a treaty between the indigenous peoples of New Zealand
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and the crown, in which it was agreed that a river was a legal person
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who owned its own riverbed.
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Now, I read Peter Singer's book in 1980,
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when I had a full head of lush, brown hair,
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and indeed I was moved by it,
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because I had become a lawyer because I wanted to speak for the voiceless,
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defend the defenseless,
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and I'd never realized how voiceless and defenseless the trillions,
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billions of nonhuman animals are.
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And I began to work as an animal protection lawyer.
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And by 1985, I realized that I was trying to accomplish something
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that was literally impossible,
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the reason being that all of my clients,
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all the animals whose interests I was trying to defend,
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were legal things; they were invisible.
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It was not going to work, so I decided
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that the only thing that was going to work was they had, at least some of them,
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had to also be moved through a hole that we could open up again in that wall
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and begin feeding the appropriate nonhuman animals through that hole
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onto the other side of being legal persons.
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Now, at that time, there was very little known about or spoken about
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truly animal rights,
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about the idea of having legal personhood or legal rights for a nonhuman animal,
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and I knew it was going to take a long time.
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And so, in 1985, I figured that it would take about 30 years
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before we'd be able to even begin a strategic litigation,
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long-term campaign, in order to be able to punch another hole through that wall.
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It turned out that I was pessimistic, that it only took 28.
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So what we had to do in order to begin was not only
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to write law review articles and teach classes, write books,
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but we had to then begin to get down to the nuts and bolts
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of how you litigate that kind of case.
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So one of the first things we needed to do was figure out what a cause of action was,
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a legal cause of action.
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And a legal cause of action is a vehicle that lawyers use
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to put their arguments in front of courts.
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It turns out there's a very interesting case
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that had occurred almost 250 years ago in London called Somerset vs. Stewart,
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whereby a black slave had used the legal system
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and had moved from a legal thing to a legal person.
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I was so interested in it that I eventually wrote an entire book about it.
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James Somerset was an eight-year-old boy when he was kidnapped from West Africa.
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He survived the Middle Passage,
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and he was sold to a Scottish businessman named Charles Stewart in Virginia.
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Now, 20 years later, Stewart brought James Somerset to London,
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and after he got there, James decided he was going to escape.
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And so one of the first things he did was to get himself baptized,
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because he wanted to get a set of godparents,
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because to an 18th-century slave,
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they knew that one of the major responsibilities of godfathers
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was to help you escape.
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And so in the fall of 1771,
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James Somerset had a confrontation with Charles Stewart.
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We don't know exactly what happened, but then James dropped out of sight.
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An enraged Charles Stewart then hired slave catchers
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to canvass the city of London,
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find him, bring him not back to Charles Stewart,
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but to a ship, the Ann and Mary, that was floating in London Harbour,
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and he was chained to the deck,
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and the ship was to set sail for Jamaica
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where James was to be sold in the slave markets
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and be doomed to the three to five years of life that a slave had
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harvesting sugar cane in Jamaica.
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Well now James' godparents swung into action.
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They approached the most powerful judge,
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Lord Mansfield, who was chief judge of the court of King's Bench,
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and they demanded that he issue a common law writ of habeus corpus
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on behalf of James Somerset.
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Now, the common law is the kind of law that English-speaking judges can make
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when they're not cabined in by statutes or constitutions,
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and a writ of habeus corpus is called the Great Writ,
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capital G, capital W,
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and it's meant to protect any of us who are detained against our will.
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A writ of habeus corpus is issued.
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The detainer is required to bring the detainee in
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and give a legally sufficient reason for depriving him of his bodily liberty.
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Well, Lord Mansfield had to make a decision right off the bat,
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because if James Somerset was a legal thing,
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he was not eligible for a writ of habeus corpus,
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only if he could be a legal person.
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So Lord Mansfield decided that he would assume,
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without deciding, that James Somerset was indeed a legal person,
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and he issued the writ of habeus corpus, and James's body was brought in
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by the captain of the ship.
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There were a series of hearings over the next six months.
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On June 22, 1772, Lord Mansfield said that slavery was so odious,
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and he used the word "odious,"
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that the common law would not support it, and he ordered James free.
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At that moment, James Somerset underwent a legal transubstantiation.
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The free man who walked out of the courtroom
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looked exactly like the slave who had walked in,
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but as far as the law was concerned, they had nothing whatsoever in common.
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The next thing we did is that the Nonhuman Rights Project,
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which I founded, then began to look at what kind of values and principles
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do we want to put before the judges?
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What values and principles did they imbibe with their mother's milk,
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were they taught in law school, do they use every day,
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do they believe with all their hearts -- and we chose liberty and equality.
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Now, liberty right is the kind of right to which you're entitled
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because of how you're put together,
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and a fundamental liberty right protects a fundamental interest.
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And the supreme interest in the common law
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are the rights to autonomy and self-determination.
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So they are so powerful that in a common law country,
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if you go to a hospital and you refuse life-saving medical treatment,
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a judge will not order it forced upon you,
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because they will respect your self-determination and your autonomy.
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Now, an equality right is the kind of right to which you're entitled
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because you resemble someone else in a relevant way,
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and there's the rub, relevant way.
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So if you are that, then because they have the right, you're like them,
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you're entitled to the right.
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Now, courts and legislatures draw lines all the time.
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Some are included, some are excluded.
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But you have to, at the bare minimum you must --
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that line has to be a reasonable means to a legitimate end.
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The Nonhuman Rights Project argues that drawing a line
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in order to enslave an autonomous and self-determining being
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like you're seeing behind me,
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that that's a violation of equality.
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We then searched through 80 jurisdictions,
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it took us seven years, to find the jurisdiction
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where we wanted to begin filing our first suit.
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We chose the state of New York.
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Then we decided upon who our plaintiffs are going to be.
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We decided upon chimpanzees,
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not just because Jane Goodall was on our board of directors,
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but because they, Jane and others,
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have studied chimpanzees intensively for decades.
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We know the extraordinary cognitive capabilities that they have,
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and they also resemble the kind that human beings have.
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And so we chose chimpanzees, and we began to then canvass the world
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to find the experts in chimpanzee cognition.
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We found them in Japan, Sweden, Germany, Scotland, England and the United States,
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and amongst them, they wrote 100 pages of affidavits
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in which they set out more than 40 ways
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in which their complex cognitive capability,
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either individually or together,
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all added up to autonomy and self-determination.
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Now, these included, for example, that they were conscious.
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But they're also conscious that they're conscious.
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They know they have a mind. They know that others have minds.
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They know they're individuals, and that they can live.
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They understand that they lived yesterday and they will live tomorrow.
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They engage in mental time travel. They remember what happened yesterday.
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They can anticipate tomorrow,
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which is why it's so terrible to imprison a chimpanzee, especially alone.
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It's the thing that we do to our worst criminals,
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and we do that to chimpanzees without even thinking about it.
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They have some kind of moral capacity.
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When they play economic games with human beings,
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they'll spontaneously make fair offers, even when they're not required to do so.
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They are numerate. They understand numbers.
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They can do some simple math.
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They can engage in language -- or to stay out of the language wars,
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they're involved in intentional and referential communication
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in which they pay attention to the attitudes of those
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with whom they are speaking.
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They have culture.
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They have a material culture, a social culture.
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They have a symbolic culture.
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Scientists in the Taï Forests in the Ivory Coast
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found chimpanzees who were using these rocks to smash open
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the incredibly hard hulls of nuts.
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It takes a long time to learn how to do that,
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and they excavated the area and they found
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that this material culture, this way of doing it,
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these rocks, had passed down for at least 4,300 years
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through 225 chimpanzee generations.
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So now we needed to find our chimpanzee.
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Our chimpanzee,
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first we found two of them in the state of New York.
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Both of them would die before we could even get our suits filed.
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Then we found Tommy.
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Tommy is a chimpanzee. You see him behind me.
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Tommy was a chimpanzee. We found him in that cage.
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We found him in a small room that was filled with cages
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in a larger warehouse structure on a used trailer lot in central New York.
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We found Kiko, who is partially deaf.
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Kiko was in the back of a cement storefront in western Massachusetts.
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And we found Hercules and Leo.
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They're two young male chimpanzees
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who are being used for biomedical, anatomical research at Stony Brook.
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We found them.
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And so on the last week of December 2013,
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the Nonhuman Rights Project filed three suits all across the state of New York
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using the same common law writ of habeus corpus argument
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that had been used with James Somerset,
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and we demanded that the judges issue these common law writs of habeus corpus.
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We wanted the chimpanzees out,
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and we wanted them brought to Save the Chimps,
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a tremendous chimpanzee sanctuary in South Florida
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which involves an artificial lake with 12 or 13 islands --
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there are two or three acres where two dozen chimpanzees live
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on each of them.
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And these chimpanzees would then live the life of a chimpanzee,
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with other chimpanzees in an environment that was as close to Africa as possible.
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Now, all these cases are still going on.
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We have not yet run into our Lord Mansfield.
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We shall. We shall.
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This is a long-term strategic litigation campaign. We shall.
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And to quote Winston Churchill,
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the way we view our cases is that they're not the end,
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they're not even the beginning of the end,
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but they are perhaps the end of the beginning.
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Thank you.
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(Applause)
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