Name: Steven Wise 黑猩猩也有感情和思想 它們也應該有權利的 (Steven Wise Chimps have feelings and thoughts They should also have rights)
Uploaded: 2021-01-14T05:40:47.000Z
Duration: 14 min 22 s

I'd like to have you look at this pencil.

情態助動詞 B1

And so are books you might have
or the cars you own.

你們擁有的書本和汽車也一樣，

它們全都是「法律上的物品」。

The great apes that you'll see behind me,

你們即將在我背後屏幕上
所看到漂亮的黑猩猩，

此時此刻我可以對
法律上的物品做這種事，

I can do whatever I want
to my book or my car.

我可以隨意對我的書、
車子做任何事。

你們在螢幕上所看到
這些漂亮的黑猩猩，

The photographs are taken by a man
named James Mollison

照片是寫出「詹姆士以及其他黑猩猩」
的詹姆士．莫里森所拍下來的，

who wrote a book called
"James & Other Apes."

他在書中講訴牠們之中的
每單隻、幾乎每一隻，

And he tells in his book
how every single one them,

都是看著爸爸、媽媽
在眼前死去的孤兒，

who saw his mother and father
die before his eyes.

好幾個世紀以來
一直有道法律高牆

區隔開「法律上的物品」
和「法律上的常人」，

So for centuries, there's been
a great legal wall

牆的一邊 －「法律上的物品」
對法官來說就像空氣一樣，

that separates legal things
from legal persons.

On one hand, legal things
are invisible to judges.

它們不具有任何法律所賦予權利、

沒有資格得到該權利 － 牠們是奴隸！

牆的另一邊是「法律上的常人」，

They don't have
the capacity for legal rights.

「法律上的常人」對法官來說是具體的、

On the other side of that legal wall
are the legal persons.

Legal persons are very visible to judges.

此時此刻全部的非人類動物
都是法律上的物品、

They have the capacity
for an infinite number of rights.

Right now, all nonhuman animals
are legal things.

從來不曾是、在今天也不是
與法人有相同涵義的，

has never been, and is not today,
synonymous with a legal person.

長達好幾個世紀以來有許多人類

Humans and legal persons
are not synonymous.

there have been many human beings
over the centuries

女人、孩童有時候也是法律上的物品。

確確實實長達過去好幾個
世紀以來大量的民權抗爭

已經在這道高牆上打穿了一個洞，
而且開始把這些人送過高牆去，

Women, children,
were sometimes legal things.

Indeed, a great deal of civil rights
struggle over the last centuries

唉呀！不過那個洞已被關上了，

has been to punch a hole
through that wall and begin to feed

these human things through the wall
and have them become legal persons.

但是他們從來不是只侷限於人類，

例如有許多法人甚至不是活著的東西。

Now, on the other side are legal persons,

在美國我們都清楚公司是法人的事實；

but they've never only been
limited to human beings.

在獨立前的印度有個法庭認定
一尊印度神像是法人、

There are, for example, there are many
legal persons who are not even alive.

we're aware of the fact
that corporations are legal persons.

a court held that a Hindu idol
was a legal person,

紐西蘭原住民和君權政府之間的公約

held that the holy books
of the Sikh religion was a legal person,

我在 1980 年時拜讀過
「彼得．辛格」的著作，

there was a treaty between
the indigenous peoples of New Zealand

and the crown, in which it was agreed
that a river was a legal person

因為我成為律師就是為了
來替弱勢者出聲、

而我從來不知道
有多如牛毛的非人類動物

when I had a full head
of lush, brown hair,

於是我開始當護守動物權利的律師。

because I had become a lawyer because
I wanted to speak for the voiceless,

到了 1985 年我意識到
自己正嘗試在做某種

and I'd never realized how voiceless
and defenseless the trillions,

And I began to work
as an animal protection lawyer.

都是法律上的物品、被當成空氣一般！

And by 1985, I realized that I was trying
to accomplish something

因此我做出決定唯一的方法是
牠們必須 － 至少有些動物 －

也得一樣穿過我們在法律高牆上
再度打開的孔洞，

all the animals whose interests
I was trying to defend,

開始將合適的非人類動物送過這孔洞

在那時候後有關實切動物的權力

that the only thing that was going to work
was they had, at least some of them,

had to also be moved through a hole
that we could open up again in that wall

有關於讓非人類動物擁有法人身分
或是法律上之權力的概念，

and begin feeding the appropriate
nonhuman animals through that hole

onto the other side
of being legal persons.

所以在 1985 年時
我以為會花上三十年的時間，

Now, at that time, there was
very little known about or spoken about

我們才會有辦法幾乎發起一樁
策略性訴訟、長期抗爭，

為了能夠在法律的高牆上打穿另一個洞，

about the idea of having legal personhood
or legal rights for a nonhuman animal,

結果證明我太悲觀了 －
這只花了 28 年。

and I knew it was going
to take a long time.

為了要開始我們必須做的不只是

And so, in 1985, I figured that it
would take about 30 years

寫寫法律評論文章、開課或出書而已，

before we'd be able to even begin
a strategic litigation,

而且我們得接著開始認真專注於

long-term campaign, in order to be able
to punch another hole through that wall.

It turned out that I was pessimistic,
that it only took 28.

因此首要之事裡面有一件
便是釐清事由 －

So what we had to do in order
to begin was not only

to write law review articles
and teach classes, write books,

訴訟事由是律師在法官面前
用來表達論點的方法。

but we had to then begin
to get down to the nuts and bolts

結果有個非常值得玩味的案子，

發生在約 250 年前的倫敦，
被稱做「桑莫塞特與史都華爭訟」，

So one of the first things we needed to do
was figure out what a cause of action was,

藉此一位黑人奴隸利用了司法的體制

從法律上的東西轉變成為法人！

And a legal cause of action
is a vehicle that lawyers use

我對該案件深感興趣，
我最終還為此寫了一整本書。

to put their arguments in front of courts.

詹姆斯．桑默塞特在西非
遭到綁架時年僅八歲，

It turns out there's
a very interesting case

that had occurred almost 250 years ago
in London called Somerset vs. Stewart,

以及在維吉尼亞州被賣給一名
蘇格蘭商人查爾斯．史都華。

whereby a black slave
had used the legal system

20 年後查爾斯帶著詹姆斯去到倫敦，

and had moved from a legal thing
to a legal person.

到倫敦後詹姆斯便決定要脫逃。

I was so interested in it that I
eventually wrote an entire book about it.

所以他所做的第一件事便是受洗，

James Somerset was an eight-year-old boy
when he was kidnapped from West Africa.

目的是為了得到一對教父、母；

and he was sold to a Scottish businessman
named Charles Stewart in Virginia.

他們知道教父的一個重責大任
就是幫助你脫逃。

Now, 20 years later, Stewart
brought James Somerset to London,

and after he got there, James decided
he was going to escape.

字幕列表影片播放

Steven Wise 黑猩猩也有感情和思想它們也應該有權利的 (Steven Wise Chimps have feelings and thoughts They should also have rights)

person

wall

book

kind

Steven Wise 黑猩猩也有感情和思想 它們也應該有權利的 (Steven Wise Chimps have feelings and thoughts They should also have rights)

person

wall

book

kind

Steven Wise 黑猩猩也有感情和思想它們也應該有權利的 (Steven Wise Chimps have feelings and thoughts They should also have rights)