Animal rights

This is an old revision of this page, as edited by 217.196.243.114 (talk) at 15:31, 15 May 2006 (→Animal rights critics). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Revision as of 15:31, 15 May 2006 by 217.196.243.114 (talk) (→Animal rights critics)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)

Animal rights, or animal liberation, is the movement to protect animals from being used or regarded as property by human beings. It is a radical social movement insofar as it aims not merely to attain more humane treatment for animals, but also to include species other than human beings within the moral community, by giving their basic interests — for example, the interest in avoiding suffering — the same consideration as our own. The claim is that animals should no longer be regarded legally or morally as property, or treated merely as resources for human purposes, but should instead be regarded as persons.

Some countries have passed legislation awarding recognition to the interests of animals. Switzerland recognized animals as beings, not things, in 1992, and in 2002, a clause acknowledging the rights of animals was added to the German constitution. The Seattle-based Great Ape Project, founded by Australian philosopher Peter Singer, is campaigning for the United Nations to adopt its Declaration on Great Apes, which would see gorillas, orangutans, chimpanzees and bonobos included in a "community of equals" with human beings, extending to them the protection of three basic interests: the right to life, the protection of individual liberty, and the prohibition of torture.

Critics of the concept of animal rights argue that, because animals do not have the capacity to enter into a social contract or make moral choices, and cannot respect the rights of others or understand the concept of rights, they cannot be regarded as possessors of moral rights. The philosopher Roger Scruton argues that only human beings have duties and that "he corollary is inescapable: we alone have rights." The traditional reply to this is that it would also deny rights to the severely disabled. Critics holding this position argue that there is nothing inherently wrong with using animals for food, as entertainment, and in research, though human beings may nevertheless have an obligation to ensure they do not suffer unnecessarily. This position is generally called the animal welfare position, and it is held by some of the oldest of the animal-protection agencies: for example, by the Royal Society for the Prevention of Cruelty to Animals in the UK.

Overview

Template:Animal liberation movement Animal rights is the concept that all or some animals are entitled to possess their own lives; that they are deserving of, or already possess, certain moral rights; and that some basic rights for animals ought to be enshrined in law. The animal-rights view rejects the concept that animals are merely capital goods or property intended for the benefit of humans. The concept is often confused with animal welfare, which is the philosophy that takes cruelty towards animals and animal suffering into account, but that does not necessarily assign specific moral rights to them.

The animal-rights philosophy does not necessarily maintain that human and non-human animals are equal. For example, animal-rights advocates do not call for voting rights for chickens. Some activists also make a distinction between sentient or self-aware animals and other life forms, with the belief that only sentient animals, or perhaps only animals who have a significant degree of self-awareness, should be afforded the right to possess their own lives and bodies, without regard to how they are valued by humans. Others would extend this right to all animals, even those without developed nervous systems or self-consciousness. They maintain that any human being or institution that commodifies animals for food, entertainment, cosmetics, clothing, animal testing, or for any other reason, infringes upon their right to possess themselves and to pursue their own ends.

Few people would deny that non-human great apes are intelligent and aware of their own condition and goals, and may become frustrated when their freedoms are curtailed. In contrast, animals like jellyfish have simple nervous systems, and may be little more than automata, capable of basic reflexes but incapable of formulating any ends to their actions or plans to pursue them, and equally unable to notice whether they are in captivity. There is as yet no consensus with regard to which qualities make a living organism an animal in need of rights. The animal-rights debate, much like the abortion debate, is therefore marred by the difficulty that its proponents search for simple, clear-cut distinctions on which to base moral and political judgements, even though the biological realities of the problem present no hard and fast boundaries on which such distinctions could be based. From a neurobiological perspective, jellyfish, farmed chicken, laboratory mice, or pet cats would fall along different points on a complex spectrum from the "nearly vegetable" to the "highly sentient".

Animal rights in philosophy

Jean-Jacques Rousseau briefly alludes to the concept of animal rights in the preface of his Discourse on Inequality. He argues that man starts as an animal, though not one "devoid of intellect and freedom" like others; however, as animals are sensitive beings, "they too ought to participate in natural right, and that man is subject to some sort of duties toward them," specifically "one the right not to be uselessly mistreated by the other."

Contemporaneous with Rousseau was the Scottish writer John Oswald who died in 1793. Oswald argued in The Cry of Nature or an Appeal to Mercy and Justice on Behalf of the Persecuted Animals, that man is naturally equipped with feelings of mercy and compassion. If each man had to personally experience the death of the animals he ate, so argued Oswald, a vegetarian diet would be far more common. The division of labor, however, allows modern man to eat flesh without experiencing the prompting of man's natural sensitivities, while the brutalization of modern man made him inured to these sensitivities. Although Oswald gave compassion a central place in his philosophy, he was not a pacifist, and died in battle during the French Revolution.

One of the first philosophers to take animal liberation seriously was one of the founders of modern utilitarianism, Jeremy Bentham, who wrote, speaking of the need to extend legal rights to animals: "The day may come when the rest of the animal creation may acquire those rights which never could have been witholden from them but by the hand of tyranny." Bentham also argued that an animal's apparent lack of rationality ought not to be held against it insofar as morality is concerned:

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 more conversable animal, than an infant of a day or a week or even a month old. But suppose they were otherwise, what would it avail? The question is not, Can they reason?, nor Can they talk? but, Can they suffer? Why should the law refuse its protection to any sensitive being? The time will come when humanity will extend its mantle over everything which breathes ...

Arthur Schopenhauer argued that animals have the same essence as humans, despite lacking the faculty of reason. Although he considered vegetarianism to be only supererogatory, he argued for consideration to be given to animals in morality, and he opposed vivisection. His critique of Kantian ethics contained a lengthy and often furious polemic against the exclusion of animals in his moral system, which contained the famous line: "Cursed be any morality that does not see the essential unity in all eyes that see the sun."

The concept of animal rights was the subject of an influential book — Animals' Rights: Considered in Relation to Social Progress — by English social reformer Henry Salt in 1892. A year earlier, Salt had formed the Humanitarian League; its objectives included the banning of hunting as a sport.

In modern times, the idea of animal rights was re-introduced by S. and R. Godlovitch, and J. Harris, with their 1971 book Animals, Men and Morals, a collection of articles restating the case for animal rights. It was in a review of this book that the Australian philosopher Peter Singer, now Ira W. DeCamp Professor of Bioethics in the University Center for Human Values at Princeton University, first coined the term 'animal liberation.'

Utilitarian and rights-based approaches

Peter Singer and Tom Regan are the best-known proponents of animal liberation, though they differ in their philosophical approaches. Another influential thinker is Gary L. Francione, who presents an abolitionist view that non-human animals should have the basic right not to be treated as the property of humans. Activists Karen Davis of United Poultry Concerns, and Ingrid Newkirk of PETA have also presented philosophies of animal rights.

Although Singer is the ideological founder of today's animal-rights movement, his approach to an animal's moral status is not based on the concept of rights, but on the utilitarian principle of equal consideration of interests. His 1975 book Animal Liberation argues that humans grant moral consideration to other humans not on the basis of intelligence (in the instance of children, or the mentally disabled), on the ability to moralize (criminals and the insane), or on any other attribute that is inherently human, but rather on their ability to experience suffering. As animals also experience suffering, he argues, excluding animals from such consideration is a form of discrimination known as 'speciesism' — a term first coined by the British psychologist Richard D. Ryder.

Tom Regan (The Case for Animal Rights and Empty Cages) argues that non-human animals, as "subjects-of-a-life," are bearers of rights like humans. Animals in this class have "inherent value" as individuals, and cannot merely be considered as the means to an end. This is also called the "direct duty" view. According to Regan, we should abolish the breeding of animals for food, animal experimentation, and commercial hunting. Regan's theory does not extend to all sentient animals but only to those that can be regarded as "subjects-of-a-life." He argues that all normal mammals of at least one year of age would qualify in this regard.

While Singer is primarily concerned with improving the treatment of animals and accepts that, at least in some hypothetical scenarios, animals could be legitimately used for further (human or non-human) ends, Regan believes we ought to treat animals as we would persons, and he applies the strict Kantian idea that they ought never to be sacrificed as mere means to ends, and must be treated as ends unto themselves. Notably, Kant himself did not believe animals were subject to what he called the moral law; he believed we ought to show compassion, but primarily because not to do so brutalizes human beings, and not for the sake of animals themselves.

Despite these theoretical differences, both Singer and Regan agree about what to do in practice: for instance, they both agree that the adoption of a vegan diet and the abolition of nearly all forms of animal experimentation are ethically mandatory.

One of the problems with using the ability to suffer as the criterion of ethical consideration is that it could exclude some fish.

Abolitionist view

Gary Francione's work (Introduction to Animal Rights, et.al.) is based on the premise that if non-human animals are considered to be property then any rights that they may be granted would be directly undermined by that property status. He points out that a call to equally consider the 'interests' of your property against your own interests is absurd. Without the basic right not to be treated as the property of humans, non-human animals have no rights whatsoever, he says. Francione posits that sentience is the only valid determinant for moral standing, unlike Regan who sees qualitative degrees in the subjective experiences of his "subjects-of-a-life" based upon a loose determination of who falls within that category. Francione claims that there is no actual animal-rights movement in the United States, but only an animal-welfarist movement. In line with his philosophical position and his work in animal-rights law for the Animal Rights Law Project at Rutgers University, he points out that any effort that does not advocate the abolition of the property status of animals is misguided, in that it inevitably results in the institutionalization of animal exploitation. It is logically inconsistent and doomed never to achieve its stated goal of improving the condition of animals, he argues. Francione holds that a society which regards dogs and cats as family members yet kills cows, chickens, and pigs for food exhibits what he calls "moral schizophrenia".

Animal rights in law

File:600-restraint-tube4.jpg

A monkey in a restraint tube filmed by PETA in a Covance branch, Vienna, Virginia, 2004-5

Animals are protected under the law, though without having rights assigned to them. There are criminal laws against cruelty to animals, laws that regulate the keeping of animals in cities and on farms, the transit of animals internationally, as well as quarantine and inspection provisions. These laws are designed to protect animals from unnecessary physical harm and to regulate the use of animals as food. In the common law, it is possible to create a charitable trust and have the trust empowered to see to the care of a particular animal after the death of the benefactor of the trust. Some individuals create such trusts in their will. Trusts of this kind can be upheld by the courts if properly drafted and if the testator is of sound mind. There are several movements in the UK campaigning to require the British parliament to award greater protection to animals. The legislation, if passed, will introduce a duty of care, whereby a keeper of an animal would commit an offence if he or she fails to take reasonable steps to ensure an animal’s welfare. This concept of giving the animal keeper a duty towards the animal is equivalent to granting the animal a right to proper welfare. The draft bill is supported by an RSPCA campaign.

Switzerland passed legislation in 1992 to recognize animals as beings, not things; and in 2002, the protection of animals was enshrined in the German constitution when its upper house of parliament voted to add the words "and animals" to the clause in the constitution obliging the state to protect the "natural foundations of life ... in the interests of future generations."

The State of Israel, meanwhile, has banned dissections of animals in elementary and secondary schools; performances by trained animals in circuses; and foie gras. Over a dozen countries, as well as California and Chicago in the United States, have passed laws banning either foie gras production, sale, or both. ]

In Federative Republic of Brazil, State of Bahia, three prosecutors, three professors of Laws and eight students of law suits the habeas corpus action for a chimpanzee named Swiss.

Animal rights in practice

File:ALFbeagles.jpg

The Animal Liberation Front (ALF)

Further information: ]

In practice, those who advocate animal rights usually boycott a number of industries that use animals. Foremost among these is factory farming, which produces the majority of meat, dairy products, and eggs in Western industrialized nations. The transportation of farm animals for slaughter, which often involves their live export, has in recent years been a major issue of campaigning for animal-rights groups, particularly in the UK.

The vast majority of animal-rights advocates adopt vegetarian or vegan diets; they may also avoid clothes made of animal skins, such as leather shoes, and will not use products such as cosmetics, pharmaceutical products, or certain inks or dyes known to contain so-called animal byproducts. Goods containing ingredients that have been tested on animals are also avoided where possible. Company-wide boycotts are common. The Procter & Gamble corporation, for example, tests many of its products on animals, leading many animal-rights supporters to boycott all of their products, including food like peanut butter.

Many animal-rights advocates dedicate themselves to educating the public. Some organizations, like People for the Ethical Treatment of Animals, strive to do this by garnering media attention for animal-rights issues, often using outrageous stunts or advertisements to obtain media coverage for a more serious message.

There is a growing trend in the American animal-rights movement towards devoting all resources to vegetarian outreach. The 9.8 billion animals killed there for food use every year far exceeds the number of animals being exploited in other ways. Groups such as Vegan Outreach and Compassion Over Killing devote their time to exposing factory-farming practices by publishing information for consumers and by organizing undercover investigations.

A growing number of animal-rights activists engage in direct action. This typically involves the removal of animals from facilities that use them or the damage of property at such facilities in order to cause financial loss. A few incidents have involved violence or the threat of violence toward animal experimenters or others involved in the use of animals.

There are also a growing number of "open rescues," in which animal-rights advocates enter businesses to steal animals without trying to hide their identities. Open rescues tend to be carried out by committed individuals who are willing to go to jail if prosecuted, but so far no factory-farm owner has been willing to press charges, perhaps because of the negative publicity that would ensue. However some countries like Britain have proposed stricter laws to curb animal extremists.

Notes

Taylor, Angus. Animals and Ethics: An Overview of the Philosophical Debate, Broadview Press, May 2003. ISBN 1551115697
^ "Germany guarantees animal rights", CNN, June 21, 2002
"Declaration on Great Apes", Great Ape Project, retrieved April 20, 2006.
. Regan, Tom. "The Case for Animal Rights", retrieved April 20, 2006.
Scruton, Roger. "Animal rights", City Journal, volume 10, issue 3, pages 100-107, summer 2000. ISSN 10608540.
Frey, R.G. Interests and Rights: The Case against Animals. Clarendon Press, 1980 ISBN 0198244215
Scruton, Roger. Animal Rights and Wrongs, Metro, 2000.ISBN 1900512815.
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation, 1789. Latest edition: Adamant Media Corporation, 2005. ISBN 1402185642
Singer, Peter. Animal Liberation, 1975; second edition, New York: Avon Books, 1990, ISBN 0940322005

References

Bentham, Jeremy. Introduction to the Principles of Morals and Legislation, 1781; this edition edited by Burns, J.H. & Hart, H.L.A. Athlone Press 1970, ISBN 0485132117
Frey, R.G. Interests and Rights: The Case Against Animals, 1980, Clarendon Press, ISBN 0198244215
George. Kathryn Paxton. Animal, Vegetable, or Woman?, State University of New York Press, ISBN 0791446875
LaFollette, Hugh & Shanks, Niall. "The origin of speciesism" (pdf), Philosophy, January 1996, vol 71, issue 275
Regan, Tom. The Case for Animal Rights, New York: Routledge, 1984, ISBN 0520049047
Scruton, Roger. Animal Rights and Wrongs, 1997
Scruton, Roger. "Animal rights", City Journal, Summer 2000
Singer, Peter. Animal Liberation, 1975; second edition, New York: Avon Books, 1990, ISBN 0940322005
The Great Ape Project
Meet Your Meat a PETA-produced slaughterhouse tour narrated by Alec Baldwin

Misplaced Pages

Overview

Animal rights in philosophy

Utilitarian and rights-based approaches

Abolitionist view

Animal rights in law

Animal rights in practice

See also

Notes

References

Further reading

Books about animal rights

Animal rights in philosophy and law

Animal rights resources

Animal rights organizations

Animal rights online community

Animal rights directories

Animal rights critics

Dealing with animal rights critics

Humane-education organizations

Ethical concerns

Animal welfare organizations