But now, by using the M.R.I. to push away the limitations of behaviorism, we can no longer hide from the evidence. Dogs, and probably many other animals (especially our closest primate relatives), seem to have emotions just like us. And this means we must reconsider their treatment as property.
One alternative is a sort of limited personhood for animals that show neurobiological evidence of positive emotions. Many rescue groups already use the label of “guardian” to describe human caregivers, binding the human to his ward with an implicit responsibility to care for her. Failure to act as a good guardian runs the risk of having the dog placed elsewhere. But there are no laws that cover animals as wards, so the patchwork of rescue groups that operate under a guardianship model have little legal foundation to protect the animals’ interest.
If we went a step further and granted dogs rights of personhood, they would be afforded additional protection against exploitation. Puppy mills, laboratory dogs and dog racing would be banned for violating the basic right of self-determination of a person.
I suspect that society is many years away from considering dogs as persons. However, recent rulings by the Supreme Court have included neuroscientific findings that open the door to such a possibility. In two cases, the court ruled that juvenile offenders could not be sentenced to life imprisonment without the possibility of parole. As part of the rulings, the court cited brain-imaging evidence that the human brain was not mature in adolescence. Although this case has nothing to do with dog sentience, the justices opened the door for neuroscience in the courtroom.
Perhaps someday we may see a case arguing for a dog’s rights based on brain-imaging findings.
Gregory Berns is a professor of neuroeconomics at Emory University and the author of “How Dogs Love Us: A Neuroscientist and His Adopted Dog Decode the Canine Brain.”