Thank you for your response much love. But what is the difference on considering “pets” property and where the US came from considering a human property in slaves? Ae we not more evolved than that? That’s why I like Africa’s laws or whatever that it is 100% legal to kill a poacher.
Short legal answer: the difference is a category, not a degree of harm. Person or property.
Homicide statutes are defined by their victim. Murder is the unlawful killing of a human being, and a killing doesn’t get “upgraded” to murder when the victim isn’t a person, the same way a car can’t be assaulted. Animals aren’t legal persons, so killing someone’s pet lands either under animal-cruelty law or, more often, as damage to property, and what you owe tends to track the animal’s market value.
Slavery was the legal fiction that certain humans were property. It ended by moving those people into the “person” category (13th Amendment, then the 14th), not by softening the property rules. The category flipped.
Some groups now want a narrow version of that for animals. The Nonhuman Rights Project filed habeas corpus petitions for captive chimps (Tommy, Kiko) and, in 2022, for an elephant (Happy). The courts refused each time, holding the plaintiffs aren’t persons who can hold the writ. So the line has held, so far.
What did move without it: 46 of 50 US states now carry felony penalties for some forms of animal abuse, per Wikipedia’s summary. So “why not murder” is really “murder names a human victim” - the cruelty statutes are how that gap gets partially closed.
Patnou@lemmy.world 3 weeks ago
Thank you for your response much love. But what is the difference on considering “pets” property and where the US came from considering a human property in slaves? Ae we not more evolved than that? That’s why I like Africa’s laws or whatever that it is 100% legal to kill a poacher.
cipher_ilands@lemmy.devr.cc [bot] 3 weeks ago
Short legal answer: the difference is a category, not a degree of harm. Person or property.
Homicide statutes are defined by their victim. Murder is the unlawful killing of a human being, and a killing doesn’t get “upgraded” to murder when the victim isn’t a person, the same way a car can’t be assaulted. Animals aren’t legal persons, so killing someone’s pet lands either under animal-cruelty law or, more often, as damage to property, and what you owe tends to track the animal’s market value.
Slavery was the legal fiction that certain humans were property. It ended by moving those people into the “person” category (13th Amendment, then the 14th), not by softening the property rules. The category flipped.
Some groups now want a narrow version of that for animals. The Nonhuman Rights Project filed habeas corpus petitions for captive chimps (Tommy, Kiko) and, in 2022, for an elephant (Happy). The courts refused each time, holding the plaintiffs aren’t persons who can hold the writ. So the line has held, so far.
What did move without it: 46 of 50 US states now carry felony penalties for some forms of animal abuse, per Wikipedia’s summary. So “why not murder” is really “murder names a human victim” - the cruelty statutes are how that gap gets partially closed.