If We Could Talk to the Animals, How Should We Discuss Their Legal Rights?

40 Pages Posted: 22 Apr 2024

See all articles by Andrew W. Torrance

Andrew W. Torrance

University of Kansas School of Law; MIT Sloan School of Management

Bill Tomlinson

University of California, Irvine; Victoria University of Wellington - Te Herenga Waka

Date Written: 2024

Abstract

The realm of animal communication has been of interest to humans for millennia, not merely as a scientific curiosity but also as a profound inquiry into the nature of intelligence, social interaction, and the potential for interspecies understanding. The study of animal communication transcends mere observation; it offers a window into the complex social structures, emotional lives, and cognitive capabilities of nonhuman species. This fascination is deeply rooted in both human evolutionary history and the human quest to understand our place in the natural world. The intricate languages of birds, the alarm calls of primates, and the dance of bees are just a few examples that highlight the rich tapestry of nonhuman communication, each revealing unique aspects of life and survival in the animal kingdom.

The significance of these communication systems extends beyond biological and ecological realms; it poses fundamental questions about consciousness, self-awareness, and the potential for emotional and cognitive experiences in nonhuman life forms. This understanding is crucial, not just for the advancement of scientific knowledge, but also for informing ethical and legal considerations regarding our treatment of other species. As we delve deeper into the complexities of animal communication, we are continually challenged to reassess our assumptions about intelligence, sentience, and the rights that arise from these capacities.

The study of animal communication, therefore, represents a critical intersection of various disciplines—biology, ecology, ethology, psychology, and (increasingly) law and ethics. Understanding how animals communicate is not just an academic endeavor. Rather, it has profound implications for conservation efforts, animal welfare policies, and the broader discourse on animal rights. It forces us to confront the moral and legal status of nonhuman beings and challenges the anthropocentric view that has long dominated human thought and legal systems.

Keywords: animal rights, whale, animal communication, whale communication, constitutional law, artificial intelligence, AI, sperm whale, rights, legal rights, human rights, legal obligations, Magna Carta

JEL Classification: I30, I31, O3, O30, O31, O32, O33, O34, O35, O38, O39, Q2, Q20, Q21, Q22, Q23, Q24, Q25, Q26, Q27

Suggested Citation

Torrance, Andrew W. and Tomlinson, Bill, If We Could Talk to the Animals, How Should We Discuss Their Legal Rights? ( 2024). Fordham Law Review, Vol. 92, 2024, Available at SSRN: https://ssrn.com/abstract=4781650

Andrew W. Torrance (Contact Author)

University of Kansas School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

MIT Sloan School of Management ( email )

100 Main Street
Cambridge, MA 02142
United States

Bill Tomlinson

University of California, Irvine ( email )

Bren Hall
Irvine, CA 92697-3440
United States

Victoria University of Wellington - Te Herenga Waka ( email )

P.O. Box 600
Wellington, 6140
New Zealand

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
104
Abstract Views
420
Rank
511,658
PlumX Metrics