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Non-human persons: Sandra, Cecilia, and the emergence of new forms of legal existence

Abstract

This article discusses the emergence of new forms of legal existence, based on unprecedented rulings from Argentinean courts which constituted orangutan Sandra and chimpanzee Cecilia as “non-human persons”, bearers of fundamental rights. In both cases, the recognition of animals as sentient beings played a critical role. These rulings have - simultaneously, successively, or alternately - drawn upon different understandings of law and rights, following distinct paths and technical operations. I argue that, through a wide experimentation on possible associations between rights and subjects, persons and things, institutional and non-institutional ways of being, Sandra and Cecilia have become different persons, from one another and from pre-existing legal persons (and things). This outcome highlights the conceptual and pragmatic equivocations of the basic dualism of modern legal systems.

Keywords:
Law; Animals; Person; Thing; Non-human person

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