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encyclopedia
Animal rights is the
idea that some, or all, non-human animals are entitled to the possession of their own
lives, and that their most basic interests – such as the lack of suffering –
should be afforded the same consideration as similar interests of human beings.[3] Advocates
oppose the assignment of moral value and fundamental protections on the basis
of species membership alone – an idea known since 1970 as speciesism,
when the term was coined by Richard D.
Ryder – arguing that it is a prejudice as irrational as any
other.[4] They
maintain that animals should no longer be viewed as property, or used as food,
clothing, research subjects, entertainment, or beasts of burden.[5]
Advocates
approach the issue from a variety of perspectives. The abolitionist view is that animals have
moral rights, which the pursuit of incremental reform may undermine by
encouraging human beings to feel comfortable about using them. Gary
Francione's abolitionist position is promoting ethical veganism. He
argues that animal rights groups who pursue welfare concerns, such as People for the Ethical Treatment of
Animals (PETA), risk making the public feel comfortable about
its use of animals. He calls such groups the "new welfarists". Tom Regan,
as a deontologist,
argues that at least some animals are "subjects-of-a-life", with
beliefs, desires, memories, and a sense of their own future, who must be
treated as ends in themselves, not as a means to an end.[6] Sentiocentrism is
the theory that sentient individuals are the subject of moral concern and therefore
deserve rights. Protectionists seek incremental
reform in how animals are treated, with a view to ending animal use entirely,
or almost entirely. This position is represented by the philosopher Peter Singer.
As a preference utilitarian, Singer's focus is
not on moral rights, but on the argument that animals have
interests—particularly an interest in not suffering—and that there is no moral
or logical reason not to award those interestsequal consideration.
Multiple cultural traditions around the world—such as Hinduism, Buddhism,
and Jainism—also
support some forms of animal rights.
In parallel to
the debate about moral rights, animal law is
now widely taught in law schools in North America, and several prominent legal
scholars[who?] support
the extension of basic legal rights and personhood to
at least some animals. The animals most often considered in arguments for
personhood are bonobos andchimpanzees.
This is supported by some animal rights academics because it would break
through the species barrier, but opposed by others because it predicates moral
value on mental complexity, rather than on sentience alone.[7]
Critics of
animal rights argue that animals are unable to enter into a social
contract, and thus cannot be possessors of rights, a view summed up
by the philosopherRoger Scruton, who writes that only humans have
duties, and therefore only humans have rights.[8] A
parallel argument, known as the animal
welfare position, is that animals may be used as resources so
long as there is no unnecessary suffering; they may have some moral standing,
but they are inferior in status to human beings, and insofar as they have
interests, those interests may be overridden, though what counts as necessary
suffering or a legitimate sacrifice of interests varies considerably.[9] Certain
forms of animal rights activism, such as the destruction of fur farms and animal
laboratories by the Animal Liberation Front, have also
attracted criticism, including from within the animal rights movement itself,[10] as
well as prompted reaction from the U.S. Congress with
the enactment of the "Animal Enterprise Protection Act (amended in 2006 by
the Animal Enterprise Terrorism Act)".[11]
Historical development in the
West
Moral status and animals in the
ancient world
Aristotle argued
that animals lacked reason (logos), and placed humans at the top of the
natural world.[12]
The
21st-century debates about animals can be traced back to the ancient world, and
the idea of a divine hierarchy. In the Book of
Genesis 1:26 (5th or 6th century BCE), Adam is
given "dominion over the fish of the sea, and over the fowl of the air,
and over the cattle, and over all the earth, and over every creeping thing that
creepeth upon the earth." Dominion need not entail property rights, but it
has been interpreted, by some, over the centuries to imply ownership.[13] However, Bernard
Rollin writes that "dominion does not entail
or allow abuse any more than does dominion a parent enjoys over a child."[14] Rollin
further states that the Biblical
Sabbath requirement promulgated in the Ten
Commandments "required that animals be granted a day of
rest along with humans. Correlatively, the Bible forbids 'plowing with an ox
and an ass together' (Deut. 22:10-11). According to the rabbinical tradition,
this prohibition stems from the hardship that an ass would suffer by being
compelled to keep up with an ox, which is, of course, far more powerful.
Similarly, one finds the prohibition against 'muzzling an ox when it treads out
the grain' (Deut. 25:4-5), and even an environmental prohibition against
destroying trees when besieging a city (Deut. 20:19-20). These ancient
regulations, virtually forgotten, bespeak of an eloquent awareness of the
status of animals as ends in themselves", a point also corroborated by Norm Phelps.[14][15]
The philosopher
and mathematician, Pythagoras (c. 580–c. 500 BCE), urged respect for
animals, believing that human and nonhuman souls were reincarnated from
human to animal, and vice versa.[16] Against
this, Aristotle (384–322
BCE), student to the philosopher Plato, argued that
nonhuman animals had no interests of their own, ranking them far below humans
in theGreat Chain of Being. He was the first to
create a taxonomy of animals; he perceived some similarities between humans and
other species, but argued for the most part that animals lacked reason (logos),
reasoning (logismos), thought (dianoia, nous), and
belief (doxa).[12] Theophrastus (c.
371 – c. 287 BCE), one of Aristotle's pupils, argued that animals also had
reasoning (logismos),he opposed eating meat on the grounds that it
robbed them of life and was therefore unjust.[17][18] Theophrastus
did not prevail; Richard Sorabji writes that current
attitudes to animals can be traced to the heirs of the Western Christian
tradition selecting the hierarchy that Aristotle sought to preserve.[12]
Tom Beauchamp (2011)
writes that the most extensive account in antiquity of how animals should be
treated was written by the Neoplatonist philosopher Porphyry (234–c. 305 CE), in
his On Abstinence from Animal Food, and On Abstinence from
Killing Animals.[19]
17th century: Animals as automata
Early animal protection laws in
Europe
According
to Richard D. Ryder, the first known animal
protection legislation in Europe was passed in Ireland in 1635. It prohibited pulling
wool off sheep, and the attaching of ploughs to horses' tails, referring to
"the cruelty used to beasts."[20] In
1641 the first legal code to protect domestic animals in North America was
passed by the Massachusetts Bay Colony.[21] The
colony's constitution was based on The Body of Liberties by
the Reverend Nathaniel Ward (1578–1652), an English
lawyer, Puritan clergyman,
and University of Cambridge graduate. Ward's list of "rites" included
rite 92: "No man shall exercise any Tirrany or Crueltie toward any bruite
Creature which are usuallie kept for man's use." Historian Roderick Nash (1989)
writes that, at the height of René Descartes' influence in Europe—and his view
that animals were simply automata—it is significant that the New Englanders
created a law that implied animals were not unfeeling machines.[22]
The Puritans
passed animal protection legislation in England too. Kathleen Kete writes that
animal welfare laws were passed in 1654 as part of the ordinances of the Protectorate—the
government under Oliver Cromwell (1599–1658), which lasted
from 1653 to 1659, following the English Civil
War. Cromwell disliked blood sports, which included cockfighting, cock throwing, dog fighting, bull baiting and
bull running, said to tenderize the meat. These could be seen in villages and
fairgrounds, and became associated with idleness, drunkenness, and gambling.
Kete writes that the Puritans interpreted the biblical dominion of man over
animals to mean responsible stewardship, rather than ownership. The opposition
to blood sports became part of what was seen as Puritan interference in
people's lives, and the animal protection laws were overturned during the Restoration, when Charles II was returned to the throne
in 1660.[23]
René Descartes
Descartes's ideas about animals remained
influential into the 20th century.[24]
“
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[Animals] eat without pleasure, cry without pain, grow without knowing
it; they desire nothing, fear nothing, know nothing. — Nicolas
Malebranche (1638–1715)[25]
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The great
influence of the 17th century was the French philosopher, René
Descartes (1596–1650), whoseMeditations (1641)
informed attitudes about animals well into the 20th century.[24] Writing
during the scientific revolution, Descartes proposed
a mechanistic theory of the universe, the
aim of which was to show that the world could be mapped out without allusion to
subjective experience.[26]
“
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Hold then the same view of the dog which has lost his master, which has
sought him in all the thoroughfares with cries of sorrow, which comes into
the house troubled and restless, goes downstairs, goes upstairs; goes from
room to room, finds at last in his study the master he loves, and betokens
his gladness by soft whimpers, frisks, and caresses.
There are barbarians who seize this dog, who so greatly surpasses man in
fidelity and friendship, and nail him down to a table and dissect him alive,
to show you the mesaraic veins! You discover in him all the same organs of
feeling as in yourself. Answer me, mechanist, has Nature arranged all the springs of feeling in this animal to the
end that he might not feel? — Voltaire (1694–1778)[27]
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His mechanistic
approach was extended to the issue of animal consciousness.
Mind, for Descartes, was a thing apart from the physical universe, a separate substance, linking human beings
to the mind of God. The nonhuman, on the other hand, were for Descartes nothing
but complex automata, with no souls, minds, or reason.[24]
Treatment of animals as man's
duty towards himself
John Locke, Immanuel Kant
Against
Descartes, the British philosopher John Locke (1632–1704)
argued, in Some Thoughts Concerning Education (1693), that
animals did have feelings, and that unnecessary cruelty toward them was morally
wrong, but that the right not to be harmed adhered either to the animal's
owner, or to the human being who was being damaged by being cruel. Discussing
the importance of preventing children from tormenting animals, he wrote:
"For the custom of tormenting and killing of beasts will, by degrees,
harden their minds even towards men."[28]
Locke's
position echoed that of Thomas Aquinas (1225–1274). Paul Waldau writes
that the argument can be found at 1 Corinthians (9:9–10),
when Paul asks: "Is it for oxen that God
is concerned? Does he not speak entirely for our sake? It was written for our
sake." Christian philosophers interpreted this to mean that humans had no
direct duty to nonhuman animals, but had a duty only to protect them from the
effects of engaging in cruelty.[29]
The German philosopher Immanuel Kant (1724–1804),
following Aquinas, opposed the idea that humans have direct duties toward
nonhumans. For Kant, cruelty to animals was wrong only because it was bad for
humankind. He argued in 1785 that "cruelty to animals is contrary to man's
duty to himself, because it deadens in him the feeling of sympathy
for their sufferings, and thus a natural tendency that is very useful to
morality in relation to other human beings is weakened."[30]
18th century: Centrality of
sentience
Jean-Jacques Rousseau
Jean-Jacques Rousseau (1712–1778)
argued in Discourse on Inequality (1754)
for the inclusion of animals in natural law on
the grounds of sentience: "By this method also we put an end to the
time-honoured disputes concerning the participation of animals in natural law:
for it is clear that, being destitute of intelligence and liberty, they cannot
recognise that law; as they partake, however, in some measure of our nature, in
consequence of the sensibility with which they are endowed, they ought to
partake of natural right; so that mankind is subjected to a kind of obligation
even toward the brutes. It appears, in fact, that if I am bound to do no injury
to my fellow-creatures, this is less because they are rational than because
they are sentient beings: and this quality, being common both to men and
beasts, ought to entitle the latter at least to the privilege of not being
wantonly ill-treated by the former."[31]
In his treatise
on education, Emile, or On Education (1762), he
encouraged parents to raise their children on a vegetarian diet. He believed
that the food of the culture a child was raised eating, played an important
role in the character and disposition they would develop as adults. "For
however one tries to explain the practice, it is certain that great meat-eaters
are usually more cruel and ferocious than other men. This has been recognised
at all times and in all places. The English are noted for their cruelty while
the Gaures are the gentlest of men. All savages are cruel, and it is not their
customs that tend in this direction; their cruelty is the result of their food."
Jeremy Bentham
Jeremy
Bentham: "The time will come, when humanity will extend its
mantle over every thing which breathes."[32]
Four years
later, one of the founders of modern utilitarianism, the English
philosopher Jeremy Bentham (1748–1832), although
opposed to the concept of natural rights, argued that it was the
ability to suffer that should be the benchmark of how we treat other beings. If
rationality were the criterion, he argued, many humans, including infants and
the disabled, would also have to be treated as though they were things.[33] He
did not conclude that humans and nonhumans had equal moral significance, but
argued that the latter's interests should be taken into account. He wrote in
1789, just as African slaves were being freed by the French:
The French have
already discovered that the blackness of the skin is no reason a human being
should be abandoned without redress to the caprice of a tormentor. It may one
day come to be recognized that the number of the legs, the villosity of
the skin, or the termination of the os sacrum are
reasons equally insufficient for abandoning a sensitive being to the same fate.
What else is it that should trace the insuperable line? Is it the faculty of
reason or perhaps the faculty of discourse? But a full-grown horse or dog, is
beyond comparison a more rational, as well as a more conversable animal, than
an infant of a day or a week or even a month, old. But suppose the case were
otherwise, what would it avail? the question is not, Can they reason?,
nor Can they talk? but, Can they suffer?[34]
For Bentham,
morals and legislation can be described scientifically, but such a description
requires an account of human nature. Just as nature is explained through
reference to the laws of physics, so human behavior can be explained by
reference to the two primary motives of pleasure and pain; this is the theory
of psychological hedonism.
There is,
Bentham admits, no direct proof of such an analysis of human motivation—though
he holds that it is clear that, in acting, all people implicitly refer to it.
At the beginning of the Introduction to the Principles of Morals and
Legislation, Bentham writes:
Nature has
placed mankind under the governance of two sovereign masters, pain and
pleasure. It is for them alone to point out what we ought to do, as well as to
determine what we shall do. On the one hand the standard of right and wrong, on
the other the chain of causes and effects, are fastened to their throne. They
govern us in all we do, in all we say, in all we think: every effort we can
make to throw off our subjection, will serve but to demonstrate and confirm it.
(Ch. 1)http://www.jemh.ca/issues/v2n1/documents/JEMH_V2N1_Article1_UtilitarianismAsAnEthicalTheory.pdf
19th century: Emergence of jus
animalium
The 19th
century saw an explosion of interest in animal protection, particularly in
England. Debbie Legge and Simon Brooman write that the educated classes became
concerned about attitudes toward the old, the needy, children, and the insane,
and that this concern was extended to nonhumans. Before the 19th century, there
had been prosecutions for poor treatment of animals, but only because of the
damage to the animal as property. In 1793, for example, John Cornish was found
not guilty of maiming a horse after pulling the animal's tongue out; the judge
ruled that Cornish could be found guilty only if there was evidence of malice
toward the owner.[35]
From 1800
onwards, there were several attempts in England to introduce animal protection
legislation. The first was a bill against bull baiting,
introduced in April 1800 by a Scottish MP, Sir William Pulteney (1729–1805).
It was opposed inter alia on the grounds that it was
anti-working class, and was defeated by two votes. Another attempt was made in
1802, this time opposed by the Secretary at War, William Windham (1750–1810),
who said the Bill was supported by Methodists and Jacobins who wished to
"destroy the Old English character, by the abolition of all rural
sports." In 1809, Lord Erskine (c.
1746–1828) introduced a bill to protect cattle and horses from malicious
wounding, wanton cruelty, and beating. He told the House of Lords that animals
had protection only as property: "They have no rights. [It is] that defect
in the law which I seek to remedy." The Bill was passed by the Lords, but
was opposed in the Commons by Windham, who said it would be used against the
"lower orders" when the real culprits would be their employers.[36]
Martin's Act
“
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If I had a donkey wot wouldn't go,
D' ye think I'd wollop him? No, no, no!
But gentle means I'd try, d' ye see,
Because I hate all cruelty.
If all had been like me, in fact,
There'd ha' been no occasion for Martin's
Act.
— Music hall song
inspired by the prosecution of Bill Burns for cruelty to a donkey.[37]
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The Trial of Bill Burns
In 1821, the
Treatment of Horses bill was introduced by Colonel Richard Martin (1754–1834),
MP for Galway in Ireland, but it was lost among laughter in the House of
Commons that the next thing would be rights for asses, dogs, and cats.[38] Nicknamed
"Humanity Dick" by George IV, Martin finally succeeded in 1822 with
his "Ill Treatment of Horses and Cattle Bill"—or "Martin's
Act", as it became known—which was the world's first major piece of animal
protection legislation. It was given royal assent on June 22 that year as An Act to prevent the cruel and
improper Treatment of Cattle, and made it an offence, punishable
by fines up to five pounds or two months imprisonment, to "beat, abuse, or
ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep or
other cattle."[35]
Legge and
Brooman argue that the success of the Bill lay in the personality of
"Humanity Dick", who was able to shrug off the ridicule from the
House of Commons, and whose sense of humour managed to capture the House's
attention.[35] It
was Martin himself who brought the first prosecution under the Act, when he had
Bill Burns, a costermonger—a street seller of fruit—arrested
for beating a donkey, and paraded the animal's injuries before a reportedly
astonished court. Burns was fined, and newspapers and music halls were full of
jokes about how Martin had relied on the testimony of a donkey.[39]
Other countries
followed suit in passing legislation or making decisions that favoured animals.
In 1822, the courts in New York ruled that wanton cruelty to animals was a
misdemeanor at common law.[21] In
France in 1850, Jacques Philippe Delmas de Grammont succeeded
in having the Loi Grammont passed, outlawing cruelty against
domestic animals, and leading to years of arguments about whether bulls could
be classed as domestic in order to ban bullfighting.[40] The
state of Washington followed in 1859, New York in 1866, California in 1868, and
Florida in 1889.[41] In
England, a series of amendments extended the reach of the 1822 Act, which
became the Cruelty to Animals Act 1835, outlawing
cockfighting, baiting, and dog fighting, followed by another amendment in 1849, and again in 1876.
Society for the Prevention of
Cruelty to Animals
“
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At a meeting of the Society instituted for the purpose of preventing
cruelty to animals, on the 16th day of June 1824, at Old Slaughter's Coffee
House, St.
Martin's Lane:T F Buxton Esqr, MP, in the Chair,
It was resolved:
That a committee be appointed to superintend the Publication of Tracts,
Sermons, and similar modes of influencing public opinion, to consist of the
following Gentlemen:
Sir Jas. Mackintosh MP,
A Warre Esqr. MP, Wm.
Wilberforce Esqr. MP, Basil Montagu Esqr.,
Revd. A Broome, Revd. G Bonner, Revd G A Hatch, A E Kendal Esqr., Lewis Gompertz Esqr., Wm. Mudford Esqr.,
Dr. Henderson.
Resolved also:
That a Committee be appointed to adopt measures for Inspecting the
Markets and Streets of the Metropolis, the Slaughter Houses, the conduct of
Coachmen, etc.- etc, consisting of the following Gentlemen:
T F Buxton Esqr. MP, Richard Martin Esqr.,
MP, Sir James Graham, L B
Allen Esqr., C C Wilson Esqr., Jno. Brogden Esqr., Alderman
Brydges, A E Kendal Esqr., E Lodge Esqr., J Martin Esqr. T G Meymott Esqr.
A. Broome,
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Richard Martin
soon realized that magistrates did not take the Martin Act seriously, and that
it was not being reliably enforced. Several members of parliament decided to
form a society to bring prosecutions under the Act. The Reverend Arthur Broome,
formerly of Balliol College, Oxford and recently
appointed the vicar of Bromley-by-Bow, arranged a meeting in Old Slaughter's
Coffee House in St. Martin's Lane, a London café frequented by
artists and actors. The group met on June 16, 1824, and included a number of
MPs: Richard Martin, SirJames Mackintosh (1765–1832), Sir Thomas Buxton (1786–1845), William Wilberforce (1759–1833), and
Sir James Graham (1792–1861), who had
been an MP, and who became one again in 1826. They decided to form a
"Society instituted for the purpose of preventing cruelty to
animals"; the Society for the Prevention of Cruelty to Animals, as it became
known. It determined to send men to inspect slaughterhouses,Smithfield
Market, where livestock had been sold since the 10th century, and to
look into the treatment of horses by coachmen.[37] The
Society became the Royal Society in 1840, when it was granted a royal charter
by Queen Victoria, herself strongly opposed to vivisection.[42]
From 1824
onwards, several books were published that approached the issue of animal
rights, rather than protection. Lewis
Gompertz(1783/4–1865), one of the men who attended the first meeting
of the SPCA, published Moral Inquiries on the Situation of Man and of
Brutes(1824), arguing that every living creature, human and nonhuman, has
more right to the use of its own body than anyone else has to use it, and that
our duty to promote happiness applies equally to all beings. Edward Nicholson (1849–1912), head of
the Bodleian Library at the University of
Oxford, argued in Rights of an Animal (1879) that animals have
the same natural right to life and liberty that human beings do, arguing
against Descartes' mechanistic view—or what he called the "Neo-Cartesian
snake"—that they lack consciousness.[43] Other
writers of the time who explored whether animals might have natural (or moral)
rights were Edward Payson Evans (1831–1917), John Muir (1838–1914),
and J. Howard Moore (1862–1916), an American zoologist
and author
of The Universal Kinship (1906) and The New Ethics(1907).[44]
Arthur Schopenhauer
Schopenhauerargued in 1839 that the view of
cruelty as wrong only because it hardens humans was "revolting and
abominable".[45]
The development
in England of the concept of animal rights was strongly supported by the German
philosopher, Arthur Schopenhauer(1788–1860). He wrote that
Europeans were "awakening more and more to a sense that beasts have
rights, in proportion as the strange notion is being gradually overcome and
outgrown, that the animal kingdom came into existence solely for the benefit
and pleasure of man." He stopped short of advocating vegetarianism,
arguing that, so long as an animal's death was quick, men would suffer more by
not eating meat than animals would suffer by being eaten. Nevertheless, he
applauded the animal protection movement in England—"To the honor, then,
of the English, be it said that they are the first people who have, in
downright earnest, extended the protecting arm of the law to animals."[46] He
also argued against the dominant Kantian idea
that animal cruelty is wrong only insofar as it brutalizes humans:
Thus, because
Christian morality leaves animals out of account ... they are at once
outlawed in philosophical morals; they are mere "things," mere means to
any ends whatsoever. They can therefore be used for vivisection, hunting,
coursing, bullfights, and horse racing, and can be whipped to death as they
struggle along with heavy carts of stone. Shame on such a morality that is
worthy of pariahs, chandalas, and mlechchhas,
and that fails to recognize the eternal essence that exists in every living
thing ...[45]
Charles Darwin
Charles
Darwin wrote in 1837: "Do not slave holders wish to make
the black man other kind?"
James Rachels writes
that Charles Darwin's (1809–1882) On the Origin of Species (1859)—which
presented the theory of evolution by natural
selection—revolutionized the way humans viewed their relationship
with other species. Not only did human beings have a direct kinship with other
animals, but the latter had social, mental and moral lives too, Darwin argued.[47] He
wrote in his Notebooks (1837): "Animals – whom we have
made our slaves we do not like to consider our equals. – Do not slave holders
wish to make the black man other kind?"[48] Later,
in The Descent of Man (1871), he argued
that "There is no fundamental difference between man and the higher
mammals in their mental faculties", attributing to animals the power of
reason, decision making, memory, sympathy, and imagination.[47]
Rachels writes
that Darwin noted the moral implications of the cognitive similarities, arguing
that "humanity to the lower animals" was one of the "noblest
virtues with which man is endowed." He was strongly opposed to any kind of
cruelty to animals, including setting traps. He wrote in a letter that he
supportedvivisection for
"real investigations on physiology; but not for mere damnable and
detestable curiosity. It is a subject which makes me sick with
horror ..." In 1875 he testified before a Royal Commission on
Vivisection, lobbying for a bill to protect both the animals used in
vivisection, and the study of physiology. Rachels writes that the animal rights
advocates of the day, such as Frances Power Cobbe, did not see Darwin as an ally.[47]
Friedrich Nietzsche
Nietzsche
Avoiding utilitarianism, Friedrich Nietzsche found other reasons to
defend animals. He argued that "The sight of blind suffering is the spring
of the deepest emotion."[49] He
once wrote: "For man is the cruelest animal. At tragedies, bull-fights,
and crucifixions hath he hitherto been happiest on earth; and when he invented
his hell, behold, that was his heaven on earth."[50]Throughout
his writings, he speaks of the human being as an animal.[51]
American SPCA, Frances Power
Cobbe, Anna Kingsford
Anna
Kingsford, one of the first English women to graduate in medicine,
published The Perfect Way in Diet(1881), advocating vegetarianism.
The first
animal protection group in the United States, the American
Society for the Prevention of Cruelty to Animals (ASPCA), was
founded by Henry Bergh in April 1866. Bergh had been
appointed by President Abraham Lincoln to a diplomatic post in Russia, and had
been disturbed by the treatment of animals there. He consulted with the
president of the RSPCA in London, and returned to the United States to speak
out against bullfights, cockfights, and the beating of horses. He created a
"Declaration of the Rights of Animals", and in 1866 persuaded the New
York state legislature to pass anti-cruelty legislation and to grant the ASPCA
the authority to enforce it.[52]
In 1875, the
Irish social reformer Frances Power Cobbe (1822–1904) founded
the Society for the Protection of Animals Liable to Vivisection, the world's
first organization opposed to animal research, which became the National Anti-Vivisection Society.
In 1880, the English feminist Anna
Kingsford (1846–1888) became one of the first English women to
graduate in medicine, after studying for her degree in Paris, and the only
student at the time to do so without having experimented on animals. She
published The Perfect Way in Diet (1881), advocating
vegetarianism, and in the same year founded the Food Reform Society. She was
also vocal in her opposition to animal experiments.[53] In
1898, Cobbe set up the British Union for the Abolition of
Vivisection, with which she campaigned against the use of dogs in
research, coming close to success with the 1919 Dogs (Protection) Bill, which
almost became law.
Ryder writes
that, as the interest in animal protection grew in the late 1890s, attitudes
toward animals among scientists began to harden. They embraced the idea that
what they saw asanthropomorphism—the attribution of human
qualities to nonhumans—was unscientific. Animals had to be approached as
physiological entities only, as Ivan Pavlov wrote
in 1927, "without any need to resort to fantastic speculations as to the
existence of any possible subjective states." It was a position that
hearkened back to Descartes in the 17th century, that nonhumans were purely
mechanical, with no rationality and perhaps even no consciousness.[54]
John Stuart Mill
John Stuart
Mill (1806–1873), the English philosopher, also argued that
utilitarianism must take animals into account, writing in 1864:[year verification needed] "Nothing
is more natural to human beings, nor, up to a certain point in cultivation,
more universal, than to estimate the pleasures and pains of others as deserving
of regard exactly in proportion to their likeness to ourselves. ...
Granted that any practice causes more pain to animals than it gives pleasure to
man; is that practice moral or immoral? And if, exactly in proportion as human
beings raise their heads out of the slough of selfishness, they do not with one
voice answer 'immoral,' let the morality of the principle of utility be for
ever condemned."[55]
Henry Salt
In 1894, Henry Salt (1851–1939), a former master
at Eton,
who had set up the Humanitarian League to lobby for a ban on hunting the year
before, published Animals' Rights: Considered in Relation to Social
Progress.[56] He
wrote that the object of the essay was to "set the principle of animals'
rights on a consistent and intelligible footing."[57] Concessions
to the demands forjus animalium had been made grudgingly to date,
he wrote, with an eye on the interests of animals qua property,
rather than as rights bearers:
Even the
leading advocates of animal rights seem to have shrunk from basing their claim
on the only argument which can ultimately be held to be a really sufficient
one—the assertion that animals, as well as men, though, of course, to a far
less extent than men, are possessed of a distinctive individuality, and, therefore,
are in justice entitled to live their lives with a due measure of that
"restricted freedom" to which Herbert Spencer alludes.[57]
He argued that
there was no point in claiming rights for animals if those rights were
subordinated to human desire, and took issue with the idea that the life of a
human might have more moral worth. "[The] notion of the life of an animal
having 'no moral purpose,' belongs to a class of ideas which cannot possibly be
accepted by the advanced humanitarian thought of the present day—it is a purely
arbitrary assumption, at variance with our best instincts, at variance with our
best science, and absolutely fatal (if the subject be clearly thought out) to
any full realization of animals' rights. If we are ever going to do justice to
the lower races, we must get rid of the antiquated notion of a 'great gulf'
fixed between them and mankind, and must recognize the common bond of humanity
that unites all living beings in one universal brotherhood."[57]
20th century: Animal rights
movement
Brown Dog Affair, Lizzy Lind af
Hageby
In 1902, Lizzy Lind af Hageby (1878–1963), a
Swedish feminist, and a friend, Lisa Shartau, traveled to England to study
medicine at the London School of Medicine for Women, intending to learn enough
to become authoritative anti-vivisection campaigners. In the course of their
studies, they witnessed several animal experiments, and published the details
as The Shambles of Science: Extracts from the Diary of Two Students of
Physiology (1903). Their allegations included that they had seen a
brown terrier dog dissected while conscious, which prompted angry denials from
the researcher, William Bayliss, and his colleagues.
After Stephen Coleridge of the National Anti-Vivisection
Society accused Bayliss of having violated the Cruelty to Animals Act 1876, Bayliss sued
and won, convincing a court that the animal had been anaesthetized as required
by the Act.[58]
In response,
anti-vivisection campaigners commissioned a statue of the dog to be erected in
Battersea Park in 1906, with the plaque: "Men and Women of England, how
long shall these Things be?" The statue caused uproar among medical
students, leading to frequent vandalism of the statue and the need for a
24-hour police guard. The affair culminated in riots in 1907 when 1,000 medical
students clashed with police, suffragettes and trade unionists in Trafalgar
Square. Battersea Council removed the statue from the park under cover of
darkness two years later.[58] Coral
Lansbury (1985) and Hilda Kean (1998)
write that the significance of the affair lay in the relationships that formed
in support of the "Brown Dog Done to Death", which became a symbol of
the oppression the women's suffrage movement felt at the hands of the male
political and medical establishment. Kean argues that both sides saw themselves
as heirs to the future. The students saw the women and trade unionists as
representatives of anti-science sentimentality, while the women saw themselves
as progressive, with the students and their teachers belonging to a previous
age.[59]
Development of veganism
Members of the
English Vegetarian Society who avoided eggs and animal milk in the 19th and
early 20th century were known as strict vegetarians. The International
Vegetarian Union cites an article about alternatives to shoe leather in the
Vegetarian Society's magazine in 1851 as evidence of the existence of a group
that sought to avoid animal products entirely. There was
increasing unease within the Society from the start of the 20th century onwards
about consuming eggs and milk, and in 1923 its magazine wrote that the
"ideal position for vegetarians is abstinence from animal
products." Mahatma Gandhi (1869–1948) argued in 1931
before a meeting of the Society in London that vegetarianism should be pursued
in the interests of animals, and not only as a human health issue. He met both
Henry Salt and Anna Kingsford, and read Salt's A Plea for Vegetarianism (1880);
Salt wrote in the pamphlet that "a Vegetarian is still regarded, in
ordinary society, as little better than a madman."[60] In
1944, several members, led by Donald Watson(1910–2005),
decided to break from the Vegetarian Society over the issue of eggs and milk.
Watson coined the term "vegan" for those whose diet included no animal
products, and they formed the British Vegan Society on
November 1 that year.[61]
Tierschutzgesetz
On coming to
power in January 1933, the Nazi Party passed
a comprehensive set of animal protection laws. The laws were similar to those
that already existed in England, though more detailed and with severe penalties
for breaking them. Arnold Arluke and Boria Sax write
that the Nazis tried to abolish the distinction between humans and animals, not
by treating animals as persons, but by treating persons as animals.[62]Kathleen
Kete writes that it was the worst possible answer to the question of what our
relationship with other species ought to be.[63]
In April 1933
they passed laws regulating the slaughter of animals; one of their targets
was kosher slaughter. In November the Tierschutzgesetz,
or animal protection law, was introduced, with Adolf Hitler announcing
an end to animal cruelty: "Im neuen Reich darf es keine Tierquälerei
mehr geben." ("In the new Reich, no more animal cruelty will be
allowed.") It was followed in July 1934 by the Reichsjagdgesetz,
prohibiting hunting; in July 1935 by the Naturschutzgesetz,
environmental legislation; in November 1937 by a law regulating animal
transport in cars; and in September 1938 by a similar law dealing with animals
on trains.[64] Several
senior Nazis, including Hitler, Rudolf Hess, Joseph
Goebbels, and Heinrich
Himmler, adopted some form of vegetarianism, though by most accounts
not strictly.[65]
Shortly before
the Tierschutzgesetz was introduced, vivisection was first
banned, then restricted. Animal research was viewed as part of "Jewish
science" and "internationalist" medicine, indicating a
mechanistic mind that saw nature as something to be dominated, rather than
respected. Hermann Göring first announced a ban on
August 16, 1933, but Hitler's personal physician, Dr. Morrel, persuaded Hitler
that this was not in the interests of German research, and in particular
defence research.[66] The
ban was therefore revised three weeks later, when eight conditions were
announced under which animal tests could be conducted, with a view to reducing
pain and unnecessary experiments.[67] Primates,
horses, dogs, and cats were given special protection, and licenses to conduct
vivisection were to be given to institutions, not to individuals.[62] The
removal of the ban was justified with the announcement: "It is a law of
every community that, when necessary, single individuals are sacrificed in the
interests of the entire body."[66]
Medical
experiments were later conducted on Jews and Romani children
in camps, particularly in Auschwitz by Dr. Josef Mengele,
and on others regarded as inferior, including prisoners-of-war. Because the
human subjects were often in such poor health, researchers feared that the
results of the experiments were unreliable, and so human experiments were
repeated on animals. Dr Hans Nachtheim, for example, induced epilepsy on
human adults and children without their consent by injecting them with cardiazol,
then repeated the experiments on rabbits to check the results.[66]
Increase in animal use
Despite the
proliferation of animal protection legislation, animals still had no legal
rights. Debbie Legge writes that existing legislation was very much tied to the
idea of human interests, whether protecting human sensibilities by outlawing
cruelty, or protecting property rights by making sure animals were not damaged.
The over-exploitation of fishing stocks, for example, is viewed as harming the
environment for people; the hunting of animals to extinction means that humans
in the future will derive no enjoyment from them; poaching results in financial
loss to the owner, and so on.[41] Notwithstanding
the interest in animal welfare of the previous century, the situation for
animals arguably deteriorated in the 20th century, particularly after the
Second World War. This was in part because of the increase in the numbers used
in animal research—300 in the UK in 1875, 19,084 in 1903, and 2.8 million in
2005 (50–100 million worldwide), and a modern annual estimated range of 10
million to upwards of 100 million in the US[68]—but
mostly because of the industrialization of farming, which saw billions of
animals raised and killed for food on a scale not possible before the war.[69]
Development of direct action
In the early
1960s in England, support for animal rights began to coalesce around the issue
of blood sports,
particularly hunting deer, foxes,
and otters using dogs, an aristocratic and middle-class English practice,
stoutly defended in the name of protecting rural traditions. The
psychologist Richard D. Ryder – who became involved
with the animal rights movement in the late 1960s – writes that the new chair
of the League Against Cruel Sports tried in
1963 to steer it away from confronting members of the hunt, which triggered the
formation that year of a direct action breakaway
group, the Hunt Saboteurs Association. This was set up by a journalist, John
Prestige, who had witnessed a pregnant deer being chased into a village and
killed by the Devon and Somerset Staghounds. The
practice of sabotaging hunts (for example, by misleading the dogs with scents
or horns) spread throughout south-east England, particularly around university
towns, leading to violent confrontations when the huntsmen attacked the
"sabs".[70]
The controversy
spread to the RSPCA, which had arguably grown away from its radical roots to
become a conservative group with charity status and royal patronage. It had
failed to speak out against hunting, and indeed counted huntsmen among its
members. As with the League Against Cruel Sports, this position gave rise to a
splinter group, the RSPCA Reform Group, which sought to radicalize the
organization, leading to chaotic meetings of the group's ruling Council, and
successful (though short-lived) efforts to change it from within by electing to
the Council members who would argue from an animal rights perspective, and
force the RSPCA to address issues such as hunting, factory farming, and animal
experimentation. Ryder himself was elected to the Council in 1971, and served
as its chair from 1977 to 1979.[70]
Formation of the Oxford group
The same period
saw writers and academics begin to speak out again in favour of animal
rights. Ruth Harrison published Animal
Machines (1964), an influential critique of factory farming, and on
October 10, 1965, the novelist Brigid Brophy had
an article, "The Rights of Animals", published in The Sunday
Times.[54] She
wrote:
The
relationship of homo sapiens to the other animals is one
of unremitting exploitation. We employ their work; we eat and wear them. We
exploit them to serve our superstitions: whereas we used to sacrifice them to
our gods and tear out their entrails in order to foresee the future, we now
sacrifice them to science, and experiment on their entrail in the hope—or on
the mere offchance—that we might thereby see a little more clearly into the
present ... To us it seems incredible that the Greek philosophers should
have scanned so deeply into right and wrong and yet never noticed the
immorality of slavery. Perhaps 3000 years from now it will seem equally incredible
that we do not notice the immorality of our own oppression of animals.[54]
Robert Garner writes
that Harrison's book and Brophy's article led to an explosion of interest in
the relationship between humans and nonhumans.[71] In
particular, Brophy's article was discovered in or around 1969 by a group of
postgraduate philosophy students at the University of Oxford, Roslind and
Stanley Godlovitch (husband and wife from Canada), John Harris, and David Wood, now known as the Oxford Group.
They decided to put together a symposium to
discuss the theory of animal rights.[54]
Around the same
time, Richard Ryder wrote several letters to The Daily Telegraph criticizing
animal experimentation, based on incidents he had witnessed in laboratories.
The letters, published in April and May 1969, were seen by Brigid Brophy, who
put Ryder in touch with the Godlovitches and Harris. Ryder also started
distributing pamphlets in Oxford protesting against experiments on animals; it
was in one of these pamphlets in 1970 that he coined the term "speciesism"
to describe the exclusion of nonhuman animals from the protections offered to
humans.[72] He
subsequently became a contributor to the Godlovitches' symposium, as did
Harrison and Brophy, and it was published in 1971 as Animals, Men
and Morals: An Inquiry into the Maltreatment of Non-humans.[73]
Publication of Animal
Liberation
In 1970, over
lunch in Oxford with fellow student Richard Keshen, a vegetarian, Australian
philosopher Peter Singer came to believe that, by eating animals, he was
engaging in the oppression of other species. Keshen introduced Singer to the
Godlovitches, and in 1973 Singer reviewed their book for The New York
Review of Books. In the review, he used the term "animal liberation",
writing:
We are familiar
with Black Liberation, Gay Liberation, and a variety of other movements. With
Women's Liberation some thought we had come to the end of the road.
Discrimination on the basis of sex, it has been said, is the last form of
discrimination that is universally accepted and practiced without
pretense ... But one should always be wary of talking of "the last
remaining form of discrimination." ...Animals, Men and Morals is
a manifesto for an Animal Liberation movement.[74]
On the strength
of his review, The New York Review of Books took the unusual
step of commissioning a book from Singer on the subject, published in 1975
as Animal Liberation, now one of the animal rights movement's
canonical texts. Singer based his arguments on the principle of utilitarianism
– the view, in its simplest form, that an act is right if it leads to the
"greatest happiness of the greatest number", a phrase first used in 1776
by Jeremy Bentham.[74] He
argued in favor of the equal consideration of interests,
the position that there are no grounds to suppose that a violation of the basic
interests of a human—for example, an interest in not suffering—is different in
any morally significant way from a violation of the basic interests of a
nonhuman.[75] Singer
used the term "speciesism" in the book, citing Ryder, and it stuck,
becoming an entry in the Oxford English Dictionary in 1989.[76]
The book's
publication triggered a groundswell of scholarly interest in animal
rights. Richard Ryder's Victims of Science: The
Use of Animals in Research (1975) appeared, followed by Andrew Linzey's Animal
Rights: A Christian Perspective (1976), and Stephen R. L. Clark's The Moral Status
of Animals (1977). A Conference on Animal Rights was organized by
Ryder and Linzey at Trinity College, Cambridge, in August 1977. This was
followed by Mary Midgley's Beast And Man: The Roots
of Human Nature (1978), then Animal Rights–A Symposium (1979),
which included the papers delivered to the Cambridge conference. From 1982
onwards, a series of articles by Tom Regan led
to his The Case for Animal Rights (1984),
in which he argues that nonhuman animals are "subjects-of-a-life",
and therefore possessors of moral rights, a work regarded as a key text in
animal rights theory.[71] Regan
wrote in 2001 that philosophers had written more about animal rights in the
previous 20 years than in the 2,000 years before that.[77] Garner
writes that Charles Magel's bibliography, Keyguide to Information
Sources in Animal Rights (1989), contains 10 pages of philosophical
material on animals up to 1970, but 13 pages between 1970 and 1989 alone.[78]
Founding of the Animal Liberation
Front
In 1971, a law
student, Ronnie Lee, formed a branch of the Hunt
Saboteurs Association in Luton, later calling it the Band of Mercy after a
19th-century RSPCA youth group. The Band attacked hunters' vehicles by slashing
tires and breaking windows, calling it "active compassion". In
November 1973, they engaged in their first act of arson when they set fire to a
Hoechst Pharmaceuticals research laboratory, claiming responsibility as a
"nonviolent guerilla organization dedicated to the liberation of animals
from all forms of cruelty and persecution at the hands of mankind."[79]
Lee and another
activist were sentenced to three years in prison in 1974, paroled after 12
months. In 1976 Lee brought together the remaining Band of Mercy activists
along with some fresh faces to start aleaderless resistance movement,
calling it the Animal Liberation Front (ALF).[79] ALF
activists see themselves as a modern Underground Railroad, passing animals
removed from farms and laboratories to sympathetic veterinarians, safe houses
and sanctuaries.[80] Some
activists also engage in threats, intimidation, and arson, acts that have lost
the movement sympathy in mainstream public opinion.[81]
The
decentralized model of activism is frustrating for law enforcement
organizations, who find the networks difficult to infiltrate, because they tend
to be organized around friends.[82] In
2005, the US Department of Homeland Security indicated how seriously it takes
the ALF when it included them in a list of domestic terrorist threats.[83] The
tactics of some of the more determined ALF activists are anathema to many
animal rights advocates, such as Singer, who regard the movement as something
that should occupy the moral high ground. ALF activists respond to the
criticism with the argument that, as Ingrid
Newkirk puts it, "Thinkers may prepare revolutions, but
bandits must carry them out."[84]
Animal Rights International
Henry Spira (1927–1998),
a former seaman and civil rights activist, became the most notable of the new
animal advocates in the United States. A proponent of gradual change, he formed
Animal Rights International in 1974, and introduced the idea of
"reintegrative shaming", whereby a relationship is formed between a
group of animal rights advocates and a corporation they see as misusing
animals, with a view to obtaining concessions or halting a practice. It is a
strategy that has been widely adopted, most notably by People for the Ethical Treatment of
Animals.[86]
Spira's first campaign
was in opposition to the American Museum of Natural History in
1976, where cats were being experimented on, research that he persuaded them to
stop. His most notable achievement was in 1980, when he convinced the cosmetics
company Revlon to
stop using the Draize test, which involves toxicity tests on
the skin or in the eyes of animals. He took out a full-page ad in several
newspapers, featuring a rabbit with sticking plaster over the eyes, and the
caption, "How many rabbits does Revlon blind for beauty's sake?"
Revlon stopped using animals for cosmetics testing, donated money to help set
up the Center for Alternatives to Animal
Testing, and was followed by other leading cosmetics companies.[87]
21st century: Developments
In 1999, New
Zealand passed a new Animal Welfare Act that had the effect of banning
experiments on "non-human hominids".[88]
Also in 1999,
Public Law 106-152 (Title 18, Section 48) was put into action. This law makes
it a felony to create, sell, or possess videos showing animal cruelty with the
intention of profiting financially from them.[89]
In 2005,
the Austrian parliament banned experiments on
apes, unless they are performed in the interests of the individual ape.[88] Also
in Austria, the Supreme Court ruled in January 2008 that a chimpanzee (called
Matthew Hiasl Pan by those advocating for his personhood)
was not a person, after the Association Against Animal Factories sought
personhood status for him because his custodians had gone bankrupt. The
chimpanzee had been captured as a baby in Sierra Leone in
1982, then smuggled to Austria to be used in pharmaceutical experiments, but
was discovered by customs officials when he arrived in the country, and was
taken to a shelter instead. He was kept there for 25 years, until the group
that ran the shelter went bankrupt in 2007. Donors offered to help him, but
under Austrian law only a person can receive personal gifts, so any money sent
to support him would be lost to the shelter's bankruptcy. The Association
appealed the ruling to the European Court of Human Rights.
The lawyer proposing the chimpanzee's personhood asked the court to appoint a
legal guardian for him and to grant him four rights: the right to life, limited
freedom of movement, personal safety, and the right to claim property.[90]
In June 2008, a
committee of Spain's national legislature became the first to vote for a
resolution to extend limited rights to nonhuman primates. The parliamentary
Environment Committee recommended giving chimpanzees, bonobos, gorillas, and
orangutans the right not to be used in medical experiments or in circuses, and
recommended making it illegal to kill apes, except in self-defense, based upon
the rights recommended by the Great Ape
Project.[91] The
committee's proposal has not yet been enacted into law.[92]
From 2009
onwards, several countries outlawed the use of some or all animals in circuses,
starting with Bolivia, and followed by several countries in Europe,
Scandinavia, the Middle East, and Singapore.[93]
Religions
The Torch-bearer of Ahimsa. Ahimsa includes kindness and non-violence to nonhuman
animals.
Robert Garner writes
that both Hindu and Buddhist societies
abandoned animal sacrifice and embraced vegetarianism from the 3rd century BCE.
Several kings in India built hospitals for animals, and the emperor Ashoka (304–232
BCE) issued orders against hunting and animal slaughter, in line with ahimsa, the
doctrine of non-violence. Garner writes that Jainism took
this idea further. Jains believe that no living creature should be harmed, and
they are known to clear the path in front of them by sweeping it to protect
insect life.[96]
Legal actions in the 21st century
Paul Waldau writes
that, in 2000, the High Court in Kerala used
the language of "rights" in relation to circus animals, ruling that
they are "beings entitled to dignified existence" under Article 21 of
the Indian Constitution. The ruling said that if human beings are entitled to
these rights, animals should be too. The court went beyond the requirements of
the Constitution that all living beings should be shown compassion, and said:
"It is not only our fundamental duty to show compassion to our animal
friends, but also to recognise and protect their rights." Waldau writes
that other courts in India and one court in Sri Lanka have used similar
language.[88]
In 2012, the
Indian government issued an extensive ban of vivisection in education and
research.[97]
Animal rights
were recognized early by the Sharia (Islamic law). This recognition is based on both
the Qur'an and
the Hadith.
In the Qur'an, there are many references to animals, all positive.[citation needed] They have
souls, form communities, communicate with God and worship Him in their own
way. Muhammad forbade
his followers to harm any animal and asked them to respect the rights of
animals.[98] It
is a distinctive characteristic of the Shariah that all animals have legal
rights. Othman Llewellyn even argues that Shariah has mechanisms for the full
repair of injuries suffered by non-human creatures including their
representation in court, assessment of injuries and awarding of relief to them.[citation needed] The
classical Muslim jurist 'Izz ad-Din ibn 'Abd as-Salam, who flourished during
the thirteenth century, formulated the following statement of animal rights:
The rights of
livestock and animals upon man: these are that he spend on them the provision
that their kinds require, even if they have aged or sickened such that no
benefit comes from them; that he not burden them beyond what they can bear;
that he not put them together with anything by which they would be injured,
whether of their own kind or other species, and whether by breaking their bones
or butting or wounding; that he slaughters them with kindness when he slaughters
them, and neither flay their skins nor break their bones until their bodies
have become cold and their lives have passed away; that he not slaughter their
young within their sight, but that he isolate them; that he makes comfortable
their resting places and watering places; that he puts their males and females
together during their mating seasons; that he not discard those which he takes
as game; and neither shoots them with anything that breaks their bones nor
brings about their destruction by any means that renders their meat unlawful to
eat.[99]
Philosophical and legal
approaches
Overview
The two main
philosophical approaches to animal rights are utilitarian and rights-based. The
former is exemplified by Peter Singer, and the latter by Tom Regan and Gary
Francione. Their differences reflect a distinction philosophers draw
between ethical theories that judge the rightness of an act by its consequences
(consequentialism/teleological ethics, or utilitarianism), and those that focus
on the principle behind the act, almost regardless of consequences
(deontological ethics). Deontologists argue that there are acts we should never
perform, even if failing to do so entails a worse outcome.[100]
There are a
number of positions that can be defended from a consequentalist or deontologist
perspective, including the capabilities approach, represented by Martha
Nussbaum, and the egalitarian
approach, which has been examined by Ingmar Persson and Peter
Vallentyne. The capabilities approach focuses on what individuals
require to fulfill their capabilities: Nussbaum (2006) argues that animals need
a right to life, some control over their environment, company, play, and
physical health.[101] Stephen R. L. Clark, Mary Midgley,
and Bernard Rollin also discuss animal rights
in terms of animals being permitted to lead a life appropriate for their kind.[102] Egalitarianism
favors an equal distribution of happiness among all individuals, which makes
the interests of the worse off more important than those of the better off.[103] Another
approach, virtue ethics, holds that in considering how to
act we should consider the character of the actor, and what kind of moral
agents we should be; Rosalind Hursthouse has suggested an
approach to animal rights based on virtue ethics.[104] Mark Rowlands has
proposed a contractarian approach.[105]
Utilitarianism
“
|
They talk about this thing in the head; what do they call it?["Intellect," whispered someone nearby.] That's it.
What's that got to do with women's rights or Negroes' rights? If my cup won't
hold but a pint and yours holds a quart, wouldn't you be mean not to let me
have my little half-measure full?— Sojourner
Truth[106]
|
”
|
|
Nussbaum (2004)
writes that utilitarianism, starting with Jeremy Bentham and John Stuart Mill,
has contributed more to the recognition of the moral status of animals than any
other ethical theory.[107] The
utilitarian philosopher most associated with animal rights is Peter Singer,
professor of bioethics at Princeton University. Singer is not a rights
theorist, but uses the language of rights to discuss how we ought to treat
individuals. He is a preference utilitarian, meaning that he
judges the rightness of an act by the extent to which it satisfies the
preferences (interests) of those affected.[108]
His position is
that there is no reason not to give equal consideration to the interests of
human and nonhumans, though his principle of equality does not require
identical treatment. A mouse and a man both have an interest in not being
kicked, and there are no moral or logical grounds for failing to accord those
interests equal weight. Interests are predicated on the ability to suffer,
nothing more, and once it is established that a being has interests, those
interests must be given equal consideration.[109] Singer
quotes the English philosopher Henry
Sidgwick (1838–1900): "The good of any one individual is
of no more importance, from the point of view ... of the Universe, than
the good of any other."[75]
Peter Singer:
interests are predicated on the ability to suffer.
Singer argues
that equality of consideration is a prescription, not an assertion of fact: if
the equality of the sexes were based only on the idea that men and women were
equally intelligent, we would have to abandon the practice of equal
consideration if this were later found to be false. But the moral idea of
equality does not depend on matters of fact such as intelligence, physical
strength, or moral capacity. Equality therefore cannot be grounded on the
outcome of scientific investigations into the intelligence of nonhumans. All
that matters is whether they can suffer.[110]
Commentators on
all sides of the debate now accept that animals suffer and feel pain, although
it was not always so. Bernard Rollin, professor of philosophy, animal
sciences, and biomedical sciences at Colorado State University, writes that
Descartes' influence continued to be felt until the 1980s. Veterinarians
trained in the US before 1989 were taught to ignore pain, he writes, and at
least one major veterinary hospital in the 1960s did not stock narcotic
analgesics for animal pain control. In his interactions with scientists, he was
often asked to "prove" that animals are conscious, and to provide
"scientifically acceptable" evidence that they could feel pain.[111] Scientific
publications have made it clear since the 1980s that the majority of
researchers do believe animals suffer and feel pain, though it continues to be
argued that their suffering may be reduced by an inability to experience the
same dread of anticipation as humans, or to remember the suffering as vividly.[112] The
problem of animal suffering, and animal consciousness in general, arose
primarily because it was argued that animals have no
language. Singer writes that, if language were needed to communicate
pain, it would often be impossible to know when humans are in pain, though we
can observe pain behavior and make a calculated guess based on it. He argues
that there is no reason to suppose that the pain behavior of nonhumans would
have a different meaning from the pain behavior of humans.[113]
Subjects-of-a-life
Tom Regan,
professor emeritus of philosophy at North Carolina State University, argues
in The Case for Animal Rights (1983) that nonhuman animals are
what he calls "subjects-of-a-life", and as such are bearers of
rights.[114] He
writes that, because the moral rights of humans are based on their possession
of certain cognitive abilities, and because these abilities are also
possessed by at least some nonhuman animals, such animals must have the same
moral rights as humans. Although only humans act as moral agents, both
marginal-case humans, such as infants, and at least some nonhumans must have
the status of "moral patients". Moral patients are unable to
formulate moral principles, and as such are unable to do right or wrong, even
though what they do may be beneficial or harmful. Only moral agents are able to
engage in moral action. Animals for Regan have "intrinsic value" as
subjects-of-a-life, and cannot be regarded as a means to an end, a view that
places him firmly in the abolitionist camp. His theory does not extend to all
animals, but only to those that can be regarded as subjects-of-a-life.[114] He
argues that all normal mammals of at least one year of age would qualify:
... individuals
are subjects-of-a-life if they have beliefs and desires; perception, memory,
and a sense of the future, including their own future; an emotional life
together with feelings of pleasure and pain; preference- and welfare-interests;
the ability to initiate action in pursuit of their desires and goals; a
psychophysical identity over time; and an individual welfare in the sense that
their experiential life fares well or ill for them, logically independently of
their utility for others and logically independently of their being the object
of anyone else's interests.[114]
Whereas Singer
is primarily concerned with improving the treatment of animals and accepts
that, in some hypothetical scenarios, individual animals might be used
legitimately to further human or nonhuman ends, Regan believes we ought to
treat nonhuman animals as we would humans. He applies the strict Kantian ideal
(which Kant himself applied only to humans) that they ought never to be
sacrificed as a means to an end, and must be treated as ends in themselves.[115]
Abolitionism
Gary
Francione: animals need only the right not to be regarded as
property.
Gary Francione,
professor of law and philosophy at Rutgers School of Law-Newark, is a leading
abolitionist writer, arguing that animals need only one right, the right not to
be owned. Everything else would follow from that paradigm
shift. He writes that, although most people would condemn the
mistreatment of animals, and in many countries there are laws that seem to
reflect those concerns, "in practice the legal system allows any use of
animals, however abhorrent." The law only requires that any suffering not
be "unnecessary". In deciding what counts as "unnecessary",
an animal's interests are weighed against the interests of human beings, and
the latter almost always prevail.[116]
Francione's Animals,
Property, and the Law (1995) was the first extensive jurisprudential
treatment of animal rights. In it, Francione compares the situation of animals
to the treatment ofslaves in the United States, where
legislation existed that appeared to protect them, while the courts ignored
that the institution of slavery itself rendered the protection unenforceable.[117] He
offers as an example the United States Animal Welfare Act, which he describes as
an example of symbolic legislation, intended to assuage public concern about
the treatment of animals, but difficult to implement.[118]
He argues that
a focus on animal welfare, rather than animal rights, may worsen the position
of animals by making the public feel comfortable about using them and
entrenching the view of them as property. He calls animal rights groups who
pursue animal welfare issues, such as People for the Ethical Treatment of
Animals, the "new welfarists", arguing that they
have more in common with 19th-century animal protectionists than with the
animal rights movement; indeed, the terms "animal protection" and
"protectionism" are increasingly favored. His position in 1996 was
that there is no animal rights movement in the United States.[119]
Contractarianism
Mark Rowlands,
professor of philosophy at the University of Florida, has proposed a
contractarian approach, based on the original
position and the veil of
ignorance—a "state of nature" thought experiment that
tests intuitions about justice and fairness—in John Rawls's A Theory of Justice (1971). In the
original position, individuals choose principles of justice (what kind of
society to form, and how primary social goods will be distributed), unaware of
their individual characteristics—their race, sex, class, or intelligence,
whether they are able-bodied or disabled, rich or poor—and therefore unaware of
which role they will assume in the society they are about to form. The idea is
that, operating behind the veil of ignorance, they will choose a social
contract in which there is basic fairness and justice for them no matter the
position they occupy. Rawls did not include species membership as one of the
attributes hidden from the decision makers in the original position. Rowlands
proposes extending the veil of ignorance to include rationality, which he
argues is an undeserved property similar to characteristics such as race, sex
and intelligence.[105]
Prima facie rights
theory
American
philosopher Timothy Garry has proposed an approach that deems nonhuman animals
worthy of prima facie rights. In a philosophical context,
a prima facie (Latin for "on the face of it" or
"at first glance") right is one that appears to be applicable at
first glance, but upon closer examination may be outweighed by other
considerations. In his book Ethics: A Pluralistic Approach to Moral
Theory, Lawrence Hinman characterizes such rights as "the right is
real but leaves open the question of whether it is applicable and overriding in
a particular situation".[120] The
idea that nonhuman animals are worthy of prima facie rights is
to say that, in a sense, animals do have rights. However, these rights can be
overridden by many other considerations, especially those conflicting a human's
right to life, liberty, property, and the pursuit of happiness. Garry supports
his view arguing:
... if a
nonhuman animal were to kill a human being in the U.S., it would have broken
the laws of the land and would probably get rougher sanctions than if it were a
human. My point is that like laws govern all who interact within a society,
rights are to be applied to all beings who interact within that society. This
is not to say these rights endowed by humans are equivalent to those held by
nonhuman animals, but rather that if humans possess rights then so must all
those who interact with humans.[121]
In sum, Garry
suggests that humans have obligations to nonhuman animals; however, animals do
not, and ought not to, have uninfringible rights against humans.
Feminism and animal rights
The American ecofeministCarol Adams has
written extensively about the link between feminism and animal rights, starting
with The Sexual Politics of Meat (1990).
Women have
played a central role in animal advocacy since the 19th century.[122] The
anti-vivisection movement in the 19th and early 20th century in England and the
United States was largely run by women, including Francis Power Cobbe, Anna
Kingsford, Lizzy Lind af Hageby and Caroline Earle White (1833–1916).[123] Garner
writes that 70 per cent of the membership of the Victoria Street Society (one
of the anti-vivisection groups founded by Cobbe) were women, as were 70 per cent
of the membership of the British RSPCA in 1900.[124]
The
preponderance of women in the movement has led to a body of academic literature
exploring feminism and animal rights; feminism and vegetarianism or veganism;
the oppression of women and animals; and the male association of women and
animals with nature and emotion, rather than reason—an association that several
feminist writers have embraced.[122] Lori Gruen writes
that women and animals serve the same symbolic function in a patriarchal
society: both are "the used"; the dominated, submissive "Other".[126]When
the British feminist Mary Wollstonecraft (1759–1797)
published A Vindication of the Rights of Woman (1792), Thomas Taylor (1758–1835), a
Cambridge philosopher, responded with an anonymous parody, A
Vindication of the Rights of Brutes (1792), showing that
Wollstonecraft's arguments for women's rights could be applied equally to
animals, a position he intended as reductio ad absurdum.[127]
Critics
R. G. Frey
R. G. Frey,
professor of philosophy at Bowling Green State University, is a preference
utilitarian, as is Singer, but reaches a very different conclusion, arguing in Interests
and Rights (1980) that animals have no interests for the utilitarian
to take into account. Frey argues that interests are dependent on desire, and
that no desire can exist without a corresponding belief. Animals have no
beliefs, because a belief state requires the ability to hold a second-order
belief—a belief about the belief—which he argues requires language: "If
someone were to say, e.g. 'The cat believes that the door is locked,' then that
person is holding, as I see it, that the cat holds the declarative sentence
'The door is locked' to be true; and I can see no reason whatever for crediting
the cat or any other creature which lacks language, including human infants,
with entertaining declarative sentences."[128]
Carl Cohen
Carl Cohen,
professor of philosophy at the University of Michigan, argues that rights
holders must be able to distinguish between their own interests and what is
right. "The holders of rights must have the capacity to comprehend rules
of duty governing all, including themselves. In applying such rules,
[they] ... must recognize possible conflicts between what is in their own
interest and what is just. Only in a community of beings capable of
self-restricting moral judgments can the concept of a right be correctly
invoked." Cohen rejects Singer's argument that, since a brain-damaged
human could not make moral judgments, moral judgments cannot be used as the
distinguishing characteristic for determining who is awarded rights. Cohen
writes that the test for moral judgment "is not a test to be administered
to humans one by one", but should be applied to the capacity of members of
the species in general.[129]
Richard Posner
Singer
challenges this by arguing that formerly unequal rights for gays, women, and
certain races were justified using the same set of intuitions. Posner replies
that equality in civil rights did not occur because of ethical arguments, but
because facts mounted that there were no morally significant differences
between humans based on race, sex, or sexual orientation that would support
inequality. If and when similar facts emerge about humans and animals, the
differences in rights will erode too. But facts will drive equality, not
ethical arguments that run contrary to instinct, he argues. Posner calls his
approach "soft utilitarianism", in contrast to Singer's "hard
utilitarianism". He argues:
The
"soft" utilitarian position on animal rights is a moral intuition of
many, probably most, Americans. We realize that animals feel pain, and we think
that to inflict pain without a reason is bad. Nothing of practical value is
added by dressing up this intuition in the language of philosophy; much is lost
when the intuition is made a stage in a logical argument. When kindness toward animals
is levered into a duty of weighting the pains of animals and of people equally,
bizarre vistas of social engineering are opened up.[130]
Roger Scruton,
the British philosopher, argues that rights imply obligations. Every legal
privilege, he writes, imposes a burden on the one who does not possess that
privilege: that is, "your right may be my duty." Scruton therefore
regards the emergence of the animal rights movement as "the strangest
cultural shift within the liberal worldview", because the idea of rights
and responsibilities is, he argues, distinctive to the human condition, and it
makes no sense to spread them beyond our own species. He accuses animal rights
advocates of "pre-scientific" anthropomorphism,
attributing traits to animals that are, he says, Beatrix
Potter-like, where "only man is vile." It is within this
fiction that the appeal of animal rights lies, he argues. The world of animals
is non-judgemental, filled with dogs who return our affection almost no matter
what we do to them, and cats who pretend to be affectionate when, in fact, they
care only about themselves. It is, he argues, a fantasy, a world of escape.[8]
Continuity between humans and
nonhuman animals
A bonobo,
a nonhuman great ape
Evolutionary studies
have provided explanations of altruistic
behaviours in humans and nonhuman animals, and suggest
similarities between humans and some nonhumans.[132] Scientists
such as Jane Goodall and Richard
Dawkins believe in the capacity of nonhuman great apes,
humans' closest relatives, to possess rationality and self-awareness.[133] In
2010, research led by psychologist Diana Reiss and
zoologist Lori Marino was presented to a conference in San Diego, suggesting
thatdolphins are
second in intelligence only to human beings, and concluded that they should be
regarded as nonhuman persons. Marino used MRI scans to compare the dolphin and
primate brain; she said the scans indicated there was "psychological
continuity" between dolphins and humans. Reiss's research suggested that
dolphins are able to solve complex problems, use tools, and pass the mirror test,
using a mirror to inspect parts of their bodies.[134][135]
Studies have
established links between interpersonal violence and animal cruelty.[136][137]
According to a
paper published in 2000 by Harold Herzog and Lorna Dorr, previous academic
surveys of attitudes towards animal rights have tended to suffer from small
sample sizes and non-representative groups.[138] However,
a number of factors appear to correlate with the attitude of individuals
regarding the treatment of animals and animal rights. These include gender,
age, occupation, religion, and level of education. There has also been evidence
to suggest that prior experience with companion animals may
be a factor in people's attitudes.[139]
Women are more
likely to support animal rights than men.[139][140] A
1996 study of adolescents by Linda Pifer suggested that factors that may
partially explain this discrepancy include attitudes towards feminism and
science, scientific literacy, and the presence of a greater emphasis on
"nurturance or compassion" amongst women.[141]
A 2007 survey
to examine whether or not people who believed in evolution were more likely to
support animal rights than creationists and
believers in intelligent design found that this was
largely the case – according to the researchers, the respondents who were
strong Christian fundamentalists and
believers in creationism were less likely to advocate
for animal rights than those who were less fundamentalist in their beliefs. The
findings extended previous research, such as a 1992 study which found that 48%
of animal rights activists were atheists or agnostic.[142][143]
Two surveys
found that attitudes towards animal rights tactics, such as direct action,
are very diverse within the animal rights communities. Near half (50% and 39%
in two surveys) of activists do not support direct action. One survey concluded
"it would be a mistake to portray animal rights activists as
homogeneous."[139][144]
Source : http://en.wikipedia.org/wiki/Animal_rights
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