from the world's big
Court ruling denies appeal for Tommy and Kiko, but not their rights
A court has ruled against a motion for appeal on behalf of chimpanzees Tommy and Kiko with a landmark opinion asserting the importance of better addressing the rights of nonhumans. The opinion calls this “a deep dilemma of ethics and policy that demands our attention.”
On May 8, 2018, the New York Court of Appeals Decision once again denied the Nonhuman Rights Project’s (NhRP) petition to appeal a lower court’s ruling on the fate of chimpanzees Tommy and Kiko. Though nominally a defeat, the remarkable concurring opinion by the court’s Associate Judge Eugene M. Fahey constitutes a major step forward, a victory in and of itself. The NhRP characterizes it in its press release as “an historic mark of progress in the fight to secure fundamental legal rights for nonhuman animals.” The opinion begins: "The inadequacy of the law as a vehicle to address some of our most difficult ethical dilemmas is on display in this matter."
The NhRP has been trying to convince New York State courts that the two chimpanzees have a right to habeas corpus protection, and has been seeking permission to have the two relocated from the small, squalid cages in which they’re being held to the Save the Chimps sanctuary in Florida. The court’s problem has been that habeas corpus protection is available only to persons. Given that there are only two possible classifications for the chimps from a legal point of view—as either persons or things—the NhRP has been so-far unsuccessfully trying to persuade the court to bestow legal personhood on Tommy and Kiko. After all, as Fahey writes in his opinion, "While it may be arguable that a chimpanzee is not a ‘person,’ there is no doubt that it is not merely a thing." The judge says further, "The reliance on a paradigm that determines entitlement to a court decision based on whether the party is considered a ‘person’ or relegated to the category of a ‘thing’ amounts to a refusal to confront a manifest injustice."
Fahey’s opinion doesn’t say much about why the current motion was denied, and in fact, its primary focus is on the specific reasons he believes the lower courts were wrong to deny personhood for Tommy and Kiko. It’s a compelling read. Fahey says the entire case represents "a deep dilemma of ethics and policy that demands our attention. To treat a chimpanzee as if he or she had no right to liberty protected by habeas corpus is to regard the chimpanzee as entirely lacking independent worth, as a mere resource for human use, a thing the value of which consists exclusively in its usefulness to others. Instead, we should consider whether a chimpanzee is an individual with inherent value who has the right to be treated with respect."
The obvious question is where can the NhRP—and Tommy and Kiko—go from here. Some news outlets consider this the end of the line for the two chimps. The NhRP tells Big Think in an email, "We're considering our next steps, and we plan to do whatever we can to help Tommy and Kiko get to a sanctuary where their right to bodily liberty will be respected."
Andy Samberg and Cristin Milioti get stuck in an infinite wedding time loop.
- Two wedding guests discover they're trapped in an infinite time loop, waking up in Palm Springs over and over and over.
- As the reality of their situation sets in, Nyles and Sarah decide to enjoy the repetitive awakenings.
- The film is perfectly timed for a world sheltering at home during a pandemic.
China moves to Russia and India takes over Canada. The Swiss get Bangladesh, the Bangladeshi India. And the U.S.? It stays where it is.
What if the world were rearranged so that the inhabitants of the country with the largest population would move to the country with the largest area? And the second-largest population would migrate to the second-largest country, and so on?
A recent analysis of a 76-million-year-old Centrosaurus apertus fibula confirmed that dinosaurs suffered from cancer, too.
- The fibula was originally discovered in 1989, though at the time scientists believed the damaged bone had been fractured.
- After reanalyzing the bone, and comparing it with fibulas from a human and another dinosaur, a team of scientists confirmed that the dinosaur suffered from the bone cancer osteosarcoma.
- The study shows how modern techniques can help scientists learn about the ancient origins of diseases.
Centrosaurus apertus fibula
Royal Ontario Museum<p>In the recent study, the team used a combination of techniques to analyze the fibula, including taking CT scans, casting the bone and studying thin slices of it under a microscope. The analysis suggested that the dinosaur likely suffered from osteosarcoma, a type of bone cancer that affects modern humans, typically young adults.</p><p>For further evidence, the team compared the damaged fibula to a healthy fibula from a dinosaur of the same species, and also to a fibula that belonged to a 19-year-old human who suffered from osteosarcoma. Both comparisons supported the osteosarcoma diagnosis.</p>
Evans et al.<p style="margin-left: 20px;">"The shin bone shows aggressive cancer at an advanced stage," Evans said in a <a href="https://www.rom.on.ca/en/about-us/newsroom/press-releases/rare-malignant-cancer-diagnosed-in-a-dinosaur" target="_blank">press release</a>. "The cancer would have had crippling effects on the individual and made it very vulnerable to the formidable tyrannosaur predators of the time."</p><p style="margin-left: 20px;">"The fact that this plant-eating dinosaur lived in a large, protective herd may have allowed it to survive longer than it normally would have with such a devastating disease."</p><p>The fossilized fibula was originally unearthed in a bonebed alongside the remains of dozens of other <em>Centrosaurus </em><em>apertus</em>, suggesting the dinosaur didn't die from cancer, but from a flood that swept it away with its herd.</p>
Dinosaur fibula; the tumor mass is depicted in yellow.
Royal Ontario Museum/McMaster University<p>The new study highlights how modern techniques can help scientists learn more about the evolutionary origins of modern diseases, like cancer. It also shows that dinosaurs suffered through some of the same terrestrial afflictions humans face today.</p><p style="margin-left: 20px;">"Dinosaurs can seem like mythical creatures, but they were living, breathing animals that suffered through horrible injuries and diseases," Evans said, "and this discovery certainly makes them more real and helps bring them to life in that respect."</p>
Join the lauded author of Range in conversation with best-selling author and poker pro Maria Konnikova!
UPDATE: Unfortunately, Malcolm Gladwell was not able to make the live stream due to scheduling issues. Fortunately, David Epstein was able to jump in at a moment's notice. We hope you enjoy this great yet unexpected episode of Big Think Live. Our thanks to David and Maria for helping us deliver a show, it is much appreciated.