The problem doesn’t root itself in biology : we are, obviously, all “animals” from a plain biological point
of view - but is a social and conceptual one. Simply put, the current use of this notion in our societies
and organisations devoted to the protection of non-humans is one where “animals” are by definition
understood as usable and disposable property by humans, particularly states and companies, and as
cut from any social and political reality. Non-humans are understood as goods, which can be traded
and handled under a market logic, and while laws exist to regulate such trade, they are here precisely
to minimize the impact of such politics, rather than stopping or disrupting it.
Here again, the issue is far less a simple conceptual one - the problem isn’t that the term isn’t
politically correct or moral - but that its current use implies and is linked to a stream of decisions and
actions which clearly go against their autonomy as a people. Cetaceans and elephants alike are
ruthlessly destroyed, captured and managed. Aside from the well known fate of captive cetaceans and
elephants worldwide, “free” populations are the subject of human pressures, and in particular elephant populations worldwide - as well as some coastal cetacean populations - are the subject of invasive management by national parks or research and conservation agencies, which include, for elephants, culling, hunting and captures for the captive industry, and for cetaceans, invasive tagging, marking, biopsies, captures for weighing, harassment, and near-systemic euthanasia of stranded individuals. Many “free” elephant populations worldwide are factually captives, particularly in southern African national parks and game reserves. Their spaces continue to be understood as a “wilderness”, meaning a disposable, usable space by humans, rather than as a socially and politically mediated areas used and modified by cetaceans or elephants, which should be recognized by states as integrally belonging to them.
elephants worldwide, “free” populations are the subject of human pressures, and in particular elephant populations worldwide - as well as some coastal cetacean populations - are the subject of invasive management by national parks or research and conservation agencies, which include, for elephants, culling, hunting and captures for the captive industry, and for cetaceans, invasive tagging, marking, biopsies, captures for weighing, harassment, and near-systemic euthanasia of stranded individuals. Many “free” elephant populations worldwide are factually captives, particularly in southern African national parks and game reserves. Their spaces continue to be understood as a “wilderness”, meaning a disposable, usable space by humans, rather than as a socially and politically mediated areas used and modified by cetaceans or elephants, which should be recognized by states as integrally belonging to them.
As such, we cannot continue to understand cetacean and elephants ; and arguably other species at a
certain extent, such as great apes, as “animals”, simply because the kind of relation we’re ought to
have with them imply consequences which directly contradict our traditional understanding of what an
“animal” is. Unless we completely overturn our understanding of the term ; using it for instance to fully
include us and all other species in a flat, horizontal network of relations, without a priori hierarchies
and relations of property ; the notion cannot but be deemed as harmful in the current context. An
activism which truly seeks the rightful autonomy and equality of these species cannot abide for such a
notion and its corollaries without bumping into serious contradictions.
This doesn’t mean obviously that the current understanding of “animals” in their globality is right.
Sapiency or not, the current understanding of other species as usable and disposable property to be
handled and destroyed at will is difficulty justifiable. One would be foolish to “include” some species
into a very closed club of sapiency and then continue to understand a “mass” of non-human species
as disposable and usable property as we traditionally did for centuries, ignoring everything these
perceptions of non-humans brings in terms of suffering and destruction. For instance, continuing
understanding the preys cetaceans hunt (say, mullets or flounders) as simple “resources” under a
market logic, without any consideration for what they may feel or live through. Nonetheless, if the
notion constitutes a clear issue in any case for any species, its use for what clearly are people or at
the very least species with a degree of awareness and insight close to ours is even less
understandable and justifiable.
In the same way, context forces us to admit that, for instance, the problem of feeding cetaceans, fishing with and for cetaceans, or the destruction and robbing of the preys cetaceans hunt is an issue of property and theft at a certain degree. The idea of having law understood the preys cetacean hunt as their “property” and “resources”, even loosely, isn’t necessarily a wrong, although it is clear that the notion of property and resources in the west are extremely different from the one of traditional indigenous people and obey to a market logic which is far from the way cetaceans undoubtedly understand the issue. It is arguable that the very concept of property and resource must be destroyed precisely so the preys cetaceans hunt won’t be understood as usable and disposable at will by humans anymore.
In the same way, context forces us to admit that, for instance, the problem of feeding cetaceans, fishing with and for cetaceans, or the destruction and robbing of the preys cetaceans hunt is an issue of property and theft at a certain degree. The idea of having law understood the preys cetacean hunt as their “property” and “resources”, even loosely, isn’t necessarily a wrong, although it is clear that the notion of property and resources in the west are extremely different from the one of traditional indigenous people and obey to a market logic which is far from the way cetaceans undoubtedly understand the issue. It is arguable that the very concept of property and resource must be destroyed precisely so the preys cetaceans hunt won’t be understood as usable and disposable at will by humans anymore.
As such, it could for instance be beneficial for cetaceans and elephants for their spaces and
“resources” they use to be understood under the very rules and concepts they use. It is easily
arguable that if those species possess an understanding of some spaces and elements as « theirs »
such an understanding of ownership is far more fluid and complex than in ours, and comparable to
what we find in many indigenous and/or nomadic populations, where certain goods and spaces are
generally understood as shareable to certain degree.