Introduction

Abstract

On the basis of scientific argument that chimpanzees possess a Theory of Mind* (ToM), and ought to be classified within the genus Homo, in 2007 advocates sought recognition under Austrian law of the person-hood of a chimpanzee named Matthew Hiasl Pan (e.g. Balluch 2007). Success would mean that Matthew could no longer be considered property. He would become legally eligible for guardianship, on the basis that he was abducted as an infant, has been involuntarily confined in an alien environment for most of his lifetime, and has consequently been unable to fend for himself, or to safeguard his own interests. Through a guardian Matthew would be able to receive donations towards his living costs, and potentially even sue those responsible for his capture in West Africa in 1982 for acquired immunodeficiency syndrome (AIDS) and hepatitis research (Goodall 2006, Balluch 2007, Stafford 2007).