Should Animals Have Human Rights?

I've recently reread Sharyn McCrumb's mystery novel IF I'D KILLED HIM WHEN I MET HIM, which includes a subplot about a woman who wants to marry a dolphin. That character argues that dolphins are intelligent, sensitive beings who should be treated as persons under the law. She also maintains that such a relationship wouldn't be animal abuse because male dolphins are quite -- assertive -- and have not infrequently attempted to mate with their keepers.

The upper intelligence range of some animals, such as dolphins, chimpanzees, octopuses, crows, and parrots, is said to overlap the lowest intelligence range of some human beings. Given this overlap, should highly intelligent nonhuman animals be granted rights equivalent to ours even though they don't belong to our species?

The Treehugger site discusses the concepts of rights and duties; it also distinguishes "animal rights" from the position of animal welfare. It states that animal rights advocates don't "want nonhuman animals to have the same rights as people":

What Are Animal Rights?

It defines the philosophy of animal rights as "the belief that humans do not have a right to use animals for our own purposes."

This page defines the basic tenets of animal rights, discusses specieism, and argues against the uniqueness of the human species:

Basic Tenets

This case from 2015 proposes legal personhood and the right to sue in court for chimps "detained" in a zoo:

Chimpanzee Detention

The article includes several relevant outside links and a timeline of some important animal-related cases in legal history.

Famed utilitarian philosopher Peter Singer, author of ANIMAL LIBERATION, goes further than the Treehugger article in some respects but less so in others. (His position allows for meat-eating and animal experimentation in some circumstances.):

Peter Singer

He holds that "the boundary between human and 'animal' is completely arbitrary," a belief that could plausibly be extended to an argument that nonhuman animals should have the same legal rights as Homo sapiens. This debate could gain urgent practical relevance if we ever meet extraterrestrial aliens who don't look anything like us.

Margaret L. Carter

Carter's Crypt

Based on a True Story

Historical fiction typically places invented characters and plotlines against the backdrop of real events, sometimes including encounters with famous people of the past. But historical novels of another type retell actual episodes from the past and differ from straight history or biography by introducing made-up incidents and characters without violating the recorded facts as generally accepted. Then there's the oxymoronic "nonfiction novel," exemplified by works such as Truman Capote's IN COLD BLOOD and Alex Haley's ROOTS, purporting to report history as it happened but in novelistic style, also with the insertion of invented walk-on characters, minor incidents, and dialogue:

Non-Fiction Novel

Wikipedia remarks that the definition of the form can be "flexible." Judging from the range of their examples, the word I'd use is "fuzzy." Some of the books they mention strike me as simply standard-model historical fiction. So the difference between that genre and the so-called nonfiction novel seems to be one of degree.

Sharyn McCrumb has written several novels based on murder cases in American history, notably THE BALLAD OF FRANKIE SILVER, THE BALLAD OF TOM DOOLEY, and THE UNQUIET GRAVE. She includes afterwords supplying the real-life background of the stories. In the author's afterword to THE BALLAD OF TOM DOOLEY, she answers the question of how much is true with, "As much as I could possibly verify." In the story itself, she fills in the gaps with her own conjectures based on what she considers the best evidence. THE DEVIL AMONGST THE LAWYERS, while also retelling an actual trial, takes some liberties with history, as McCrumb explains in her afterword.

Barbara Hambly's novel about the later life of Mary Todd Lincoln, THE EMANCIPATOR'S WIFE, with flashbacks to the former First Lady's youth and her marriage to Lincoln, follows a similar narrative strategy. It adheres to historical facts as known while creatively expanding on them.

Alternate history is a different thing, making deliberate changes in critical events to create a counterfactual world. For instance, S. M. Stirling's currently running series based on the premise that Theodore Roosevelt regained the presidency in the 2012 election is one outstanding example. Secret history, on the other hand, tells stories of critical events that fall between the cracks in documented history, without contradicting recorded facts (e.g., magical combat between British and German witches during World War II in a world otherwise resembling our own past).

What about autobiography? CHEAPER BY THE DOZEN, by Frank Bunker Gilbreth Jr. and Ernestine Gilbreth Carey, has been labeled a "semi-autobiographical novel," although from what I've read about it, the contents are factual. The book does skip around chronologically, however, and it omits some facts, mainly that the Gibreth family never had twelve children living at the same time. The death of one daughter in childhood is not mentioned. The "All Creatures Great and Small" series, by James Herriot (real name Alf Wight), shifts further toward the fiction category. While the incidents in the books really happened, names and other identifying characteristics of people in the episodes have been changed.

How far can a work that claims historical accuracy go with author-created elements before it crosses the line between straight history or biography and fiction?

Margaret L. Carter

Carter's Crypt

Happy New Year

Here's a page of New Year's customs from around the world:

New Year's Traditions

One immediately notices the universal theme of "noise."

In our family during my childhood and teens, the principal New Year's Day custom was to undecorate and remove the Christmas tree. After doing the same thing during the early years of my marriage, I later abandoned that exhausting, depressing practice. When my husband and I became Episcopalians, I learned that the Christmas season doesn't end until January 6 (Epiphany, Twelfth Night). I now start dismantling the tree on or about January 6 and work on the task for several days instead of trying to accomplish it in a single marathan burst. Because we have an artificial tree, we have no safety constraints on how long it can stay up. Oddly from our contemporary perspective, in parts of England it used to be considered unlucky to keep Christmas decorations past Candlemas (February 2, aka Groundhog Day), so as long as we get the job done sometime in January, we're fine.

Although I was born in Virginia and had a grandmother from North Carolina, I never heard of the black-eyed-peas tradition until I got married. My husband, from a Navy family with roots in the Midwest and West Coast regions, cooks them for himself every year. Each pea is supposed to represent a coin; the more you eat, the more wealth you'll receive in the coming year. Since I dislike the taste of them, he has to accumulate good fortune for both of us.

The Scottish "first foot" tradition holds that it's good luck if your first visitor after midnight on the cusp of New Year's Eve and January 1 is a tall, dark stranger. Sharyn McCrumb has a humorous story, "A Wee Doch and Doris," in which a bewildered burglar accidentally becomes an elderly widow's first footer. You can find this tale in McCrumb's collection FOGGY MOUNTAIN BREAKDOWN.

I haven't made New Year's resolutions as such in a long time. My immediate goals for 2021 are to finish and submit a story for a line of Christmas-cookie-themed fiction planned by one of my publishers and to work on getting more of my orphaned e-books (from defunct publishers) re-released through Kindle self-publishing.

My main Christmas present this holiday season was the full DVD set of the TV series MASH. One memorable episode begins and ends on two New Year's Eves, bookending a montage of a year in the life of the MASH unit. At each New Year's Eve party, Col. Potter proposes the same toast, which goes something like this: "Happy New Year, and may it be a durn sight better than the last one."

Amen!

Margaret L. Carter

Carter's Crypt