Rattling the Cage

Rattling the Cage is a seminal 2000 book by American legal scholar Steven M. Wise that argues for the extension of basic legal rights to certain nonhuman animals, particularly great apes, cetaceans, and elephants. Published by Perseus Books, the work is considered a foundational text in the field of animal law and the broader animal rights movement. It synthesizes principles from common law, philosophy of mind, and cognitive ethology to challenge the traditional legal status of animals as mere property.

Overview

The book's central thesis is that the advanced cognitive, emotional, and social capacities demonstrated by species like chimpanzees, bonobos, gorillas, orangutans, dolphins, and African elephants warrant their recognition as legal persons with fundamental rights, such as bodily liberty and integrity. Wise builds his case by examining historical legal struggles, including the abolition of slavery in the British Empire and the fight for women's rights, arguing that the law evolves to expand the circle of moral and legal consideration. He draws heavily on scientific research from institutions like the Yerkes National Primate Research Center and the work of primatologists such as Jane Goodall and Frans de Waal to document the sophisticated inner lives of these animals.

Legal and ethical arguments

Wise meticulously deconstructs the legal doctrine of animals as property, tracing its roots to concepts from William Blackstone and Roman law. He proposes using the common law writ of habeas corpus as a mechanism to challenge the detention of cognitively complex animals in places like zoos and research laboratories. Ethically, the book engages with philosophies from Jeremy Bentham and Peter Singer, shifting the debate from a focus solely on the capacity to suffer to an argument based on practical autonomy and self-awareness. Wise contends that the legal "thinghood" of animals is an arbitrary construct similar to past denials of personhood to groups like enslaved Africans, as seen in cases like the Dred Scott decision.

Reception and impact

Upon publication, Rattling the Cage received significant attention in both academic and public spheres. It was reviewed in major publications like The New York Times and The Washington Post, and it quickly became a central text in the emerging discipline of animal law taught at law schools including Harvard Law School and Stanford Law School. The book provided the intellectual foundation for the Nonhuman Rights Project, an organization founded by Wise that files lawsuits on behalf of animals. Its arguments have been cited in legal briefs and judicial opinions internationally, influencing debates on animal personhood in countries like Argentina and New Zealand.

Related works and influence

The book is the first in a series by Wise that includes Drawing the Line (2002) and Though the Heavens May Fall (2005), further exploring the scientific and legal case for animal personhood. It directly inspired the work of other legal scholars such as Gary L. Francione and influenced litigation strategies for organizations like the Animal Legal Defense Fund. The concepts in Rattling the Cage also resonate within the Great Ape Project, an international initiative seeking a United Nations declaration of rights for great apes, and have informed documentary films such as Unlocking the Cage.

Criticism and controversy

Critics from within the legal establishment, such as Judge Richard A. Posner, have argued that granting legal personhood to animals is a logical and practical stretch, potentially creating unmanageable legal chaos. Some philosophers and bioethicists, including those from the University of Chicago, have challenged the scientific interpretation of animal cognition presented in the book, questioning the inference of human-like consciousness. Furthermore, the book has faced opposition from powerful industries, including the National Association for Biomedical Research and agribusiness interests, which view its proposals as a threat to animal testing, factory farming, and established economic models.