For the Animals
An Argument Guide
PT

Home / A. Sentience and moral status / Part DIR

A8

"Animals aren't persons."

The answer in one sentence

"person" is a concept we created, and that we already apply to companies, ships and rivers. Using it to decide who may be killed is choosing the definition that produces the desired conclusion. By the classic criterion of personhood, Locke's, human babies aren't persons either, and some animals come closer to the criterion than they do.

Short answer

This argument settles the question by the choice of word. If "person" means self-awareness and plans for the future, then newborn babies aren't persons either, and elephants, great apes and dolphins come closer to the criterion than they do. If "person" means a legal holder of rights, remember that companies are legal persons and that the Whanganui River, in New Zealand, was granted legal personhood in 2017. Personhood is a tool we grant, not a fact of nature.

For children

Words are invented by us. "Person" is one of them. Did you know that, in the law, a company is also a "person"? It has no body and feels nothing, and still it can have rights on paper. So calling someone a person isn't what decides whether they can feel pain. What decides it is having a body and a mind that feel. A pig has those.

Ask a question back

"Does a company feel pain? Then why is it a person and the pig isn't?"

Como pode aparecer

"Animals are things, not people."
Everyday conversation
"Are you comparing a pig to a person?"
Everyday conversation
"It isn't a subject of anything; it's property."
Everyday conversation
"Vegans think cows are citizens."
Social media
"So will the chicken get a passport?"
Rhetorical question
"A person is a self-aware being, able to recognize itself over time and take on responsibilities."
Academic version
"Legal personhood presupposes the capacity to bear duties."
Legal version
"Everything in its place: people are people, animals are animals."
Disguised version

The strongest version

How it is said

"Animals aren't people. People are people, animals are animals."

Strongest version (steelman):

  1. P1Only persons have full moral status and can hold rights.
  2. P2A person is a self-aware being, able to recognize itself as the same over time, to make plans and take on responsibilities.
  3. P3Animals aren't persons in this sense.
  4. CSo animals don't have full moral status and may be used.

P2's definition comes from John Locke, who described a person as a thinking, intelligent being, with reason and reflection, able to consider itself as the same thinking thing in different times and places. It's a psychological definition, not a biological one: it doesn't say "member of the human species".

There's also the legal version, used in courts: a person is whoever can hold rights and duties. This was the criterion adopted by the majority of the New York Court of Appeals in the case of Happy the elephant, in 2022.

The argument is valid. Its soundness fails because P2 and P3 can't both be true without excluding human babies, and because P1 makes a definition we chose into the source of moral value.

Full answer

  1. a

    Reconstruction and diagnosis

    The word "person" is used in at least three senses, and the argument switches between them as convenient.

    SenseWhat it meansWho's included
    BiologicalA member of the species Homo sapiensAll humans, no animals. But then "person" is just another name for species, and the argument becomes A10
    Psychological (Locke)A self-aware being that recognizes itself over time and makes plansTypical adult humans and, probably, great apes, elephants, crows and dolphins. A newborn is left out
    LegalAn entity to which the law assigns rights and dutiesHumans, companies, ships, foundations and, in some countries, rivers and animals

    This is the book's clearest case of the definist fallacy: the definition that produces the desired answer is chosen, and then the answer is presented as a discovery. None of the three senses does the work the argument needs.

  2. b

    Where the argument breaks

    1. In the psychological sense, it proves too much.

    By Locke's criterion, a three-month-old baby isn't a person: they don't recognize themselves as the same being over time or make plans. Whoever holds P2 must accept that killing a baby wouldn't harm a person, or abandon the criterion.

    2. In the psychological sense, it includes animals.

    Elephants recognize their own image in a mirror (Plotnik, de Waal and Reiss, 2006). Scrub jays (Aphelocoma) remember what they hid, where and how long ago, adjusting their behavior to the type of food, which has been called episodic-like memory (Clayton and Dickinson, 1998). If that's the criterion, it doesn't divide species the way the argument wants.

    3. In the legal sense, personhood is a tool, not a fact.

    Companies are legal persons and feel nothing. In 2017, New Zealand recognized the Whanganui River as a legal person, with legal representatives, through the Te Awa Tupua Act. In 2022, Ecuador's Constitutional Court recognized individual animals as subjects of rights (see A7). The law grants personhood when it decides to protect something; the question is whether there's reason to protect, not whether the label has already been granted.

    4. The Happy case shows the argument in action, and its fragility.

    In 2022, the New York Court of Appeals denied, by 5 votes to 2, the habeas corpus sought for Happy the elephant, holding that the writ applies only to human beings and that a person is someone who can bear duties and social responsibilities. In dissent, Judge Rivera observed that humans without full rights have been able to use habeas corpus, and that the majority failed to explain why an autonomous being of another species couldn't; Judge Wilson recalled that the writ was historically extended to enslaved people, who also had no recognized duties.

    5. The moral question doesn't depend on the word.

    Even if we agree to call only humans persons, there's still a being who feels pain, fear and pleasure. Sentientism doesn't need the concept of person: it only needs someone for whom things can go well or badly.

  3. c

    Data and sources

    Finding or decisionSourceNote
    An Asian elephant recognized her own image in a mirror and touched a mark visible only in the reflectionPlotnik, de Waal and Reiss, 2006, *PNAS*One of the individuals tested passed the mark test, a common result in this kind of experiment
    Scrub jays remember what they hid, where and how long ago, and retrieve perishable food firstClayton and Dickinson, 1998, *Nature*Called episodic-like memory; its interpretation as "mental time travel" is still debated
    The New York Court of Appeals denied habeas corpus for Happy the elephant by 5 votes to 2; a person is whoever can bear duties and responsibilitiesNonhuman Rights Project v. Breheny* (2022), analysis in the *Harvard Law ReviewThe dissents by Rivera and Wilson are central to this chapter
    The Whanganui River recognized as a legal person, with legal representativesTe Awa Tupua Act, New Zealand, 2017Shows that legal personhood requires neither sentience nor duties
    Individual animals recognized as subjects of rightsConstitutional Court of Ecuador, Estrellita case (2022), dealt with in A7None of these decisions required animals to take on duties
  4. d

    The strongest counter-reply: person as a moral concept, not a label

    The serious reply says "person" isn't an arbitrary label: it marks the kind of being whose life has special value, because it has projects, projects itself into the future and can lose more than pleasure by dying. Stronger protection falls on these beings, which would explain why killing a human is worse than killing a fish. Philosophically, this appears in Jeff McMahan's time-relative interest account.

  5. e

    Why the counter-reply doesn't reach the conclusion

    It changes the subject.

    Even if killing a person is worse than killing an animal, it doesn't follow that killing an animal is permitted, still less for the pleasure of a meal.

    It grades without giving a number.

    Saying an animal's life is worth less requires saying how much less, and comparing it with what's gained in exchange. No one does that calculation when ordering a steak.

    It still excludes babies.

    The reply gives less protection to exactly the humans least projected into the future, and most people reject that consequence.

    Suffering doesn't depend on personhood.

    Even if accepted, the argument concerns death, not pain. Confining, mutilating and terrifying a being is still harm, whether or not it's a person.

    The concept's history counsels caution.

    "Person" has been denied to women and to enslaved people, and in each case the denial came after the practice it served to justify.

Reasoning errors

Logical

Is the form valid?

Definist fallacy
Defines "person" so as to produce the desired conclusion
Equivocation
Alternates between biological, psychological and legal senses
Proving too much
The psychological sense excludes human babies
Non sequitur
From "isn't a person" it concludes "may be used"

Epistemological

Does the evidence support it?

Outdated empirical premise
Ignores evidence of self-awareness and memory in many species
Legalistic fallacy
Takes the current legal category as moral truth

Moral

Is the criterion coherent?

Label in place of criterion
Makes value depend on a classification we ourselves created
Shifting the harm
Discusses death and ignores pain, confinement and fear

Biases

Psychological essentialism

Makes "person" seem to name a natural essence rather than a category we created

Medin and Ortony, 1989; Gelman, 2003

Functional categorization

Animals classed as food lose the traits we associate with someone

Bratanova, Loughnan and Bastian, 2011

In-group bias

"Person" works as the boundary of "us"

A common basis of speciesism and prejudice among humans

Status quo and legalistic bias

The existing legal category comes to seem the only possible one

A pattern in debates about extending rights

Motivated denial of mind

Denying personhood is a way of denying an inner life

Bastian et al., 2012; replicated by Jacobs et al., 2024

Extrapolations

The principle being tested is: "whoever isn't a person may be used".

If it applied to…Newborn babiesTap to see

They could be used. By the psychological criterion, a baby doesn't recognize itself over time or make plans, so it isn't a person

Whoever rejects this conclusion is admitting that sentience, not personhood, is what protects

If it applied to…People with advanced dementiaTap to see

They'd lose status as they lost memory and plans. The psychological continuity that defines a person gradually unravels

Medical practice and the law do the opposite and reinforce protection

If it applied to…Human groups already excluded from the categoryTap to see

Denying them the status of person would be enough to permit their use. This move has a history: women and enslaved people have been legally treated as non-persons

In each case, the denial came to justify a practice that already existed

If it applied to…Companies and riversTap to see

If personhood decides, companies would have more moral protection than a chimpanzee, because they're legal persons

Shows the label doesn't track the capacity to suffer

If it applied to…Artificial intelligenceTap to see

A system granted personhood by law would come to be worth more than a sentient being without it

Reinforces that personhood is a legal tool, not a moral criterion

Contradictions

Accepts persons that don't feel.

Companies, foundations and, in some countries, rivers are legal persons with no sentience at all.

Calls their own dog a member of the family.

Many people treat their pet as someone, with a name, a personality and a will of its own, and deny this to the pig.

Protects those who aren't persons in the psychological sense.

Babies and people with advanced dementia remain fully protected.

Condemns cruelty.

Punishing someone who tortures an animal presupposes that someone is being tortured, not just an object damaged.

Uses the word as both argument and conclusion.

"Isn't a person" is presented as a reason for treating it a certain way, when it really just describes the treatment already given.

What the argument gets right

What is true

The concept of person isn't philosophical rubbish. It captures something real: beings with self-awareness, memory of themselves and plans for the future may lose more by dying, and can be harmed in ways other beings can't, such as by humiliation or broken promises. Legal personhood is also a complex instrument, involving representation, procedures and responsibilities, and extending it requires careful institutional design, not just good intentions.

But

The mistake is turning this concept into the gateway to moral consideration. None of it answers the question that matters: is there someone there for whom what we do is good or bad? If there is, calling that someone a person or not is a decision about vocabulary, not about what we owe them.

Connections

Usually comes before

A1 Animals aren't rational.Rationality is the criterion built into the definition of person
A7 No duties, no rights.The legal version of person requires the capacity to bear duties
A8this argument

Usually comes after

A10 They're just animals.When the definition fails, the species boundary is what's left
A11 It's normal for humans to be rational.An attempt to keep babies in and animals out
A12 Human babies have the potential to be rational.The same function, by another route
A16 Killing without pain isn't harm.Shifts the discussion from pain to death
A17 Animals are property.The legal opposite of a person is a thing
A19 Vegans anthropomorphize animals.A reaction to the language of personhood

Go deeper in Questão de Ética

Chapters from the open-access collection A Journey Through Animal Ethics that discuss this argument in more detail:

References

Provisional author-date format. The links indicate the sources checked in writing this chapter.

Philosophy

  • An Essay Concerning Human Understanding, book II, ch. 27 (definition of person).
  • Cavalieri, P., & Singer, P. (eds.) (1993). The Great Ape Project.
  • The Ethics of Killing.
  • Practical Ethics, on the distinction between human being and person.

Science

Law

Psychology