Here’s a sad article about the danger that “right whales” (originally so named because they were considered the “right” whales to kill on account of their tendency to float on the surface after being harpooned) face from shipping vessels and the political lobbying that is trying to prevent new regulations aimed at saving this endangered species.
Category: Animal Rights and Issues
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Thought for the day
Sorry for the light blogging – work is v. busy.
So, in the absence of original content, here’s a quote from an essay by Stephen R.L. Clark called “The Rights of Wild Things,” found in the collection Animals and Their Moral Standing:
Stoic theory offers us the ideal of the World State in which men have rights just as men, that is as citizens or subjects of the World State (though it is far from clear that Stoics would really have included literally all human beings as equals). But this ideal is far from actual, and it may sometimes be wise to remember the rights we have as, say, Britons, rather than our human rights. Nations which think themselves potential founders of the World State may reasonably be subject to suspicion, for the thought encourages them to interfere in the doings of other communities whenever their moral opinions are sufficiently outraged. It may be that a World State is too high a price to pay for the universal realisation of human rights. (p. 28)
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Markets in animal welfare
Thanks to Jeremy for directing my attention to, among other things, this issue of the journal Law and Contemporary Problems (affiliated with Duke Law School) which focuses on animal law and policy.
In particular, this article by Jeff Leslie and Cass Sunstein offers an in-depth argument for a “disclosure regime” that would label food products according to how the animals used to produce them were treated. They call this “animal rights without controversy” because it would simply create a market mechanism whereby consumers could express their preferences for less animal suffering without resolving the issue of what rights animals have.
Leslie and Sunstein concede that this wouldn’t please everyone, especially those folks that don’t think animal welfare should be made to depend on how much people are willing to pay for it. But they point out, rightly I think, that this doesn’t exclude other regulatory approaches and would have the added advantage of publicly airing the question of animal treatment in the process of establishing the labelling guidelines.
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Rattling cages
Activists in California are trying to get an inititative on the ballot that would provide laying hens with more space and better conditions. As the story points out, this follows on the heels of similar measures in Arizona, Oregon, and Florida. One hopes this is a trend. My hunch has always been that people will want to improve the conditions of animals raised for food if they are informed about them, even if it means paying a bit more.
(HT)
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How the meat industry thrives
Quasi-monopoly, environmental degradation, and third-world style labor practices, according to this piece.
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August reading notes
Some highlights from the past month:
I blogged a bit about Keith Ward’s latest, Re-Thinking Christianity here, here and here. Ward continues his streak of intelligent, accessible theology that straddles the popular and the academic. The takeaway lesson from RC is that there isn’t exactly an unchanging core of doctrine, but that Christianity has changed throughout its history, sometimes in quite radical ways. And yet, Ward doesn’t draw the conclusion that therefore Christianity is a sham; he maintains that the history of Christianity is properly seen as an ongoing response to the God disclosed and incarnate in Jesus.
Andrew Linzey’s Christianity and the Rights of Animals is an earlier work (published in the late 80s) that anticipates many of the themes in his Animal Theology and Animal Gospel, but it delves more into the underlying assumptions of his theology: creation as gift with intrinsic value, God as fellow-sufferer and redeemer of all creation, animals as bearers of “theos-rights.” As such it’s a bit more systematic and synoptic, while being a relatively easy read. A good place to start for someone looking for an “animal-friendly” take on Christianity, though the conclusions Linzey draws are quite radical.
I’m still working my way through George Monbiot’s Heat. Monbiot is both extremely pessimistic about the dangers of climate change and optimistic that it’s possible to actually cut our carbon emissions by the requisite 90% or so while still retaining something like a modern industrial economy. Monbiot is a very engaging writer, willing to admit when he’s not sure about something, unafraid to take on shibboleths, including those of environmentalists, and passionate about his cause. I may post some more about this in the near future.
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The cow-man cometh
This story reports that the UK has given the green light to scientists to create human-animal ‘chimera’ embryos for research purposes (see here for a bit more background).
Essentially this involves combining an animal egg (cows in this case) with human genetic material to create an embryo from which stem cells can be extracted. The hope, I take it, is that these embryos will be close enough to human embryos for the resulting research to be of value.
Some opponents have objected to what they consider the blurring of the boundary between human beings and other animals. Researchers respond that getting eggs from animals is more efficient and less ethically troublesome than getting them from women, a process that is described as “invasive, painful and potentially dangerous.”
This research doesn’t remove the moral controversy over destroying the resultant embryos: though there may be some debate about whether such an embryo is “technically” human, it’s close enough for those who oppose embryo-desctructive research more generally. Ironically, this concern is somewhat at odds with the “blurring the lines” argument, but not outright inconsistent with it.
There’s also the question of whether it’s ethical to get the eggs from cows. If the process of getting eggs from women is dangerous and painful, how do the cows fare? None of the stories I read addressed this particular issue, but one can only assume that the well-being of the cows isn’t foremost in the minds of those who are using them in this way.
Of course, this touches on the issue of using animals in scientific research more generally. Is it permissible to use them, without their consent (obviously), and in a fashion that leads to pain, suffering, and/or death on the animal’s part?
I don’t have a settled view on this. I’m strongly inclined to say that routine product testing and experimentation sheerly out of curiosity or the desire to know aren’t sufficient justifications for most animal experimentation. It’s hard to see how, say, having another variety of deodorant on the shelves justifies subjecting animals to painful tests.
On the other hand, research aimed at curing serious disease has, at least on its face, a stronger claim. Surely saving human lives justifies sacrificing some animals?
Still, it might be worthwhile to at least examine a dissenting view. As it happens, I’ve been reading Andrew Linzey’s Christianity and the Rights of Animals. Among other topics, he examines the argument for animal research and ties it to concerns about research that destroys human embryos.
Linzey’s concern is that animal experimentation, justified as it is in terms of harms and benefits, or an essentially consequentialist moral framework, is intrinsically likely to lead to experiments on unwilling human subjects. If experiments on animals are justified by pointing to their prospective benefits, what stops us from experimenting on embryos or “sub-standard” human beings for the same reason? “Once our moral thinking becomes dominated by crude utilitarian calculations, then there is no right, value or good that cannot be bargained away, animal or human” (p. 120).
He goes on to ask: even if we can accept that these kinds of moral trade-offs might sometimes be justified, do we want to institutionalize them? That is, do we want entire industries whose products (and profits) are premised on treating both animal life and nascent human life as disposable commodities to be exploited for our benefit? Or do we want to somehow recognize that they have intrinsic value that must be respected in some way?
Like I said, I don’t have a settled issue on the matter, but I think it’s worth thinking about. Our tendency is to see the non-human (or even the marginally human) as essentially a resource. For a variety of reasons I don’t think this is a healthy, sane, or sustainable view. And yet it’s not easy to draw the line between abuse and legitimate use.
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Catholicism, vegetarianism and the conscientious omnivore
Bernard Prusak, who teaches at Villanova University outside of Philadelphia, recently published a thoughtful article on Catholicism and vegetarianism at Commonweal (you can also read it at his website here). Dr. Prusak was a practicing vegetarian for a while, but gave it up partly because he became convinced that meat-eating was, if not necessary, at least conducive to human flourishing. “Even if we don’t strictly need meat in order to survive, it can help us flourish-and this, I cannot but believe, is good.” This is a more nuanced argument than the usual “eating meat is natural” argument.
I’m not going to try and adjudicate the debate between which is healthier, vegetarianism or meat-eating and I wouldn’t want to try and lay down any hard-and-fast rules about out. Happily, though, there’s no dearth of resources for living as a healthy vegetarian. I found Vesanto Melina and Brenda Davis’s Becoming Vegetarian a helpful resource on vegetarian nutrition.
The rest of Prusak’s essay is a good examination of various moral arguments about the relative moral status of human and animal life. He’s surely right that Christians should resist arguments for animal well-being that rely on downgrading the moral status of human beings. In particular he engages with the late James Rachels’ argument from Darwinism – the idea that evolution has shown that human life isn’t particularly sacred and that we share more with non-human animals than traditionally thought.
Prusak points out that one can accept the second of these claims without accepting the first. And, moreover, downgrading the significance of human exceptionalism might well lead us to stop taking morality as seriously as Rachels urges. “Rachels never considers whether there is a connection between belief in human dignity and commitment to the moral life.”
Indeed, a sense that humans have a special calling to be good stewards of the earth can encourage greater respect for animal life and well-being. Vegetarians and conscientious omnivores can agree that legitimate stewardship requires, if nothing else, respecting the natures of our fellow-creatures. “If the justification for eating meat is that it is natural for us and helps us flourish, consistency requires that we respect in turn the natures of the animals we eat: chickens, pigs, cows, fish, sheep, turkeys, and many others.”
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From animal rights to cosmic democracy
The second part of Clark’s essay on “Animals, Ecosystems, and the Liberal Ethic” wades into deeper and more interesting waters.
Clark contends that it’s “better to abandon abstract argument, in favour of historical.” Ownership, he maintains, is a social concept and thus the idea that we can do whatever we want with what we “own” is a needlessly abstract and ahistorical way of looking at things. It’s better to think in terms of “historical claims and protections, not with the pre-social rights of self-owners: rights established not by abstract argument, but by the slow discovery of a mutually acceptable forebearance and cooperation–a process, incidentally, that there is no sound reason to limit to human intercourse.”
The early liberals, he maintains,
did not appeal to absolute rights of self-ownership (restricted by the equal rights of others). Private property was defended as the likeliest way of enabling a society of freemen to subsist in mutual harmony, and cultivate their virtues: if we each had some portion of the land to tend we would be less likely to fall prey to tyrants, and the land itself would prosper. What we owned, however, was not the land itself, but the lawfully acquired fruits, and we owned these only for their lawful use. “Nothing was made by God for Man to spoil or destroy” (Locke, ‘Treatises’ 2.31: 1963 p. 332; see Hargrove 1980). Individual liberty rested on the value God placed in every soul, as a unique expression of His glory, such that any despotism, however benevolent in purpose, must issue in a decline of valuable diversity. Each of us has a profound and vital interest in the virtue of our fellow-citizens, and in the continued viability of the ecosystems within which we live.
Clark brings this classical liberal insight into conversation with recent writing on “deep ecology” with interesting results. The main idea of deep ecology is that, rather than being self-sufficient individuals, we are all parts of the ecosystems to which we belong, the whole which has a certain priority over the parts. This is not to downgrade the value of the individual, but to point out that her flourishing depends on the flourishing of the whole of which she is a part.
Individualists, and some animal rights proponents like Tom Regan, have been wary of what they call “environmental fascism” that seems to threaten to subordinate the interests of the individual to the collective. We sometimes see this tension between environmentalists and animal rights people: environmentalists are mainly concerned with preserving ecosystems even if that means, for example, culling animal herds.
Clark, however, sees a “necessary moral synthesis” of libertarian and “zoophile” intuitions in a vision of a kind of cosmic ecology. A reasonable and proper good for individuals depends on the good of the whole: “The living world (which is itself an element or function of the cosmic whole) is like ‘the federation or community of interdependent organs and tissues that go to make up [a physician’s] patient’ (Gregg 1955; see Lovelock 1982). Claiming a spurious advantage for individuals at the price of damage to the whole is simply silly.”
The whole he sees as the City of God. Invoking Berkeley he identifies this with the whole created universe, each in its own way reflecting an aspect of God’s glory. And each part has a claim to exist, if only for a short time. It’s reasonable that we should protect our own kind against threats to life and limb, but beyond that we ought to be content with our allotted portion. There can be no absolute “right to life” because death comes for us all and is part of the fabric of the universe; but we can aim for a “letting be” of things according to their kind:
The rights that all self-owners have simply as such cannot include any right of immunity to disease, predation or famine. No such right can be justly defended for all self-owners, since the terrestrial economy is organized around the fact of predation. None of us can be treated absolutely and only as ‘ends-in-ourselves’, never to be material for another’s purposes. Of all of us it is literally true that we are food. If blackbirds have no right not to be eaten by foxes (and people, correspondingly, no duty to protect them), since such a general right would deny the right of life to foxes, but blackbirds have all the ‘natural’ rights that all self-owners have, it follows that we too have no right not to be eaten. The only ‘right to life’ that all selfowners might be allowed, just as such, is the right to live as the creature that one is, under the same law as all others. Foxes do no wrong in catching what they can: they would be doing wrong if they prevented the creatures on whom they prey from enjoying their allotted portion in the sun, if they imprisoned, frustrated and denied them justice. Foxes, obviously, are not at fault.
The libertarian thesis, applied to the terrestrial biosphere, requires that no-one do more than enjoy a due share of the fruits of the earth, that forward-looking agents plan their agricultural economy with a view to allowing the diversity of creatures some share of happiness according to their kind. It does not require that everyone abstain from killing and eating animals, if that is how the human creatures that are there can live. Some people may so abstain, because they see no need to live off their non-human kindred, but this (on liberal views) must be their choice, not their duty. Libertarians, by the same token, will not see any general duty to assist people against aggressors. Even aggression, it turns out, is not necessarily unjust, a violation of right, though enslavement is. Even if some acts of aggression are unjust, there is no general duty to defend the victims. Any duty that such libertarians acknowledge to assist the prey will rest upon their sense of solidarity, not on abstract rights of self-ownership.
Clark calls this a “radically anarchic view of human and extra-human intercourse,” but says that we might be justified in going beyond this by acknowledging the fact that, within the “cosmic democracy,” most of us animals already exist in social groupings, many of them including multiple species. “We can,” he says, “moderate the merely libertarian ethic by the ethic of solidarity: both depend upon our vision of the moral universe, both are necessary.”
The vision of the cosmic democracy, of a universe in which each thing has its appointed part to play and its own particular dignity, eminently justifies decent treatment of non-humans, and even an extension of sympathy and mercy. “[I]t may also be compatible with justice, even required by a more elevated sense of ‘justice’, that we should give each other more than we have a right to demand: we may construct ‘laws of the nations’, and tacitly agree to assist those who are in need, so long as we may justly do so.” What Clark seems to have in mind here is what I referred to the other day as the “special duties” owed to those creatures that we share our lives with in a particular way, such as pets or other domestic animals. “Emotions of solidarity” combine with and reinforce “contractual justice” as we find our circle of sympathy expanding outward, pushed by the vision of cosmic democracy wherein we are all related as partial reflections of the Creator’s glory.
This “visionary solidarity” seems a long way from the bare-bones political ethic of libertarianism, and Clark admits that he has pushed the liberal ethic to the point of collapse:
If ‘we’ are illumined by this vision of the living world, we may request a like forebearance and enthusiasm from our fellow citizens. Those who show that they cannot conceive of the world in its richness, cannot sympathize with their fellow-creatures, may seem to us to be menaces. It is, correspondingly, our ‘natural right’ as self-owners so to organize society to introduce that vision into all with whom we must associate.
Now this is heady stuff. Though it must be qualified by what Clark says a bit earlier:
This would be a ‘fascist’ vision only if it implied that there was some elite group entitled to inflict upon an ignorant world the legislation they thought justified, at whatever cost to the ideals and lives of their victims. There is no such implication: on the contrary, it is just those elite groups which most offend against the rules of liberal solidarity.
So it seems that what he’s getting at is this: we need something like a paradigm shift, a new moral vision that takes in the whole of the living world, not just the human sphere and this vision will naturally impace the way we order our common life. But this isn’t the sort of thing that can be imposed from the top down. So there’s no question of a kind of green fascism.
Given what I’ve seen elsewhere of Clark’s political views, I would imagine that he would favor this vision being propagated through decentralized and non-hierarchical local communities joined in some kind of loose federation.
From my earlier post on Clark’s “anarcho-conservatism”:
Following Jefferson and Kropotkin, Clark seems to favor a decentralization of political power to the most local feasible level. He rejects, however, revolution as a means to replacing the military or political form of association with peaceful and non-coercive methods. Even Gandhi’s “non-violent” revolution, he points out, resulted in no small amount of bloodshed, and the Indian state that replaced British colonialism arguably suppressed liberty in a number of ways, not the least of which being the incorporation of unwilling minorities into the Indian state.
Instead, Clark adopts what he calls “anarcho-conservatism,” an anti-revolutionary commitment to expanding the organization of the civil or economic means of social cooperation, side-by-side with, and gradually replacing coercive means. He concedes that such a conservative stance risks being insufficiently sensitive to present injustice, but argues that change which grows organically out of a people’s past is preferable to the kind of sharp break with it that revolution often brings.
Analogously, Clark might say that a change in our evaluation of the moral status of animals can and should develop organically from existing moral traditions. And so he might find Matthew Scully more congenial than Peter Singer on this score. A gradual modification of our moral views, developing in an organic, quasi-Burkean fashion is more likely to take root than some attempted revolution from above.
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Libertarians and animal rights
Jim Henley asked for a libertarian justification for animal cruelty laws here. Other libs have chimed in here and here.
As it happens, I was recently reading an article by Stephen R. L. Clark called “Animals, Ecosystems, and the Liberal Ethic” (The Monist, Vol. 70:1, Jan. 1987) where he tries to articulate a rationale for protecting animals (and ecosystems) that arises out of liberal/libertarian ethic.
We’ve already seen that Clark is something of an anarcho-conservative, and here he takes the tack of showing that a concern for libertarian style rights is by no means incompatible with concern for animal rights.
What Clark suggests is, in essence, that we can’t assume that the differences between humans and animals are so great that the former always have a full complement of rights while the latter have none:
First, it is implausible to claim that the only evil done in imprisoning, tormenting and killing even a rational agent is that we thereby interfere with her moral choices: much of the evil is simply that we do what she does not want done. That evil is also done if our victim is non-rational, not morally autonomous. What difference does it really make whether or not she has or could have a principled objection to our behaviour? If she has no will in the matter I do not violate her will, but I clearly violate her wishes.
Secondly, what ground have we got to make so radical a distinction between wishes and the will, between the desires and projects of a nonhuman or sub-normal human and the principled will of a rational agent? Why should it be supposed that I make my claims upon the world as a carefully moral being, in some way that a non-rational being could not manage? “A cat who is being hurt will struggle, scratch and try to bite. Why is not this a claiming of its rights?” (Sprigge 1984 p. 442). Why isn’t a blackbird claiming his rights when he proclaims his territorial possession? What is lacking in too much discussion of these questions is any serious attention to what ‘animals’ are like, and what evidence there is for the vast difference in nature that humanists like [H.J.] McCloskey must conceive. It is quite inadequate to appeal to current English linguistic usage, as if that settled the question. If it is wrong (not merely imprudent) to batter human infants this may be partly because it seems likely to interfere with their future projects, but it is chiefly wrong because they do not like it, nor would they like its further consequences if they knew of them. The same wrong is done in battering baboons: who could imagine that baboons don’t mind?
It follows, if the abstract argument for natural human rights must be extended to allow similar rights to other agents (even if not strictly ‘moral’ agents), that our property rights in non-human animals must often be suspect. A right that licenses the violation of a right is no right at all, and ‘self-owning’ is a category more widely extended than we had thought. A being ‘owns itself if its behaviour is the product of its own desires and beliefs, if it can locate itself within the physical and social world, and alter its behaviour to take account of other creature’s lives and policies (see Clark 1981). This, I take it, is [Tom] Regan’s concept of what it is to be ‘the subject of a life’, not merely living (1983 p. 243). Such self-owners are, in the relevant sense, equals, and a just, liberal society cannot allow them to be owned by others, even if it allows them to be employed on terms not strictly of their own making.
The libertarian argument is that “self-owners” have the right not to be arbitrarily subjected to the will of another. Clark’s contention is that “self-owner” covers a wider range of creatures than just human beings. This is essentially a version of the so-called argument from marginal cases: it’s very difficult to specify a set of criteria for whatever morally important category you like (self-owner, person, rational agent, etc.) that includes all and only human beings. Either it will be drawn so narrowly as to exclude some classes of humans, or it will be drawn so widely that at least some non-human animals count.
What’s noteworthy is that a lot of libertarians seem to want to maintain the traditional status of human beings as sole rights-bearers without the metaphysics to back it up. An Aristotelian worldview that insisted on big bright distinctions between natural kinds might be able to provide support for this view, as might some religious views. But a world of evolutionary development where living things exist along a continuum without sharp breaks seems to sit more comfortably with the idea of a continuum of moral rights.
Clark’s distinction between animals being “owned” and being “employed on terms not strictly of their own making” injects some fuzziness into thinking about what might actually be entailed by all this. Is there a sense in which animals could be said to “consent” to at least some of the relationships that have evolved between them and human beings? Could domestication be understood as somehow analogous to the entering into of a partnership? Wherever we draw that line, though, some forms of wanton cruelty would seem to be easily ruled out. Also, I might add, would things like factory farming: an arrangement which is extremely difficult to see any animal “consenting” to in however attenuated a sense we can come up with.
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