Animal Captivity

Edited by Nicolas Delon (College of Charleston, New College of Florida)
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  1. Assessing Measures of Animal Welfare.Heather Browning - manuscript
    When making decisions about action to improve animal lives, it is important that we have accurate estimates of how much animals are suffering under different conditions. The current frameworks for making comparative estimates of suffering all fall along the lines of multiplying numbers of animals used by length of life and amount of suffering experienced. However, the numbers used to quantify suffering are usually generated through unreliable and subjective processes which make them unlikely to be correct. In this paper, I (...)
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  2. Nonhuman Self-Investment Value.Gary Comstock - manuscript
    Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize a second value, (...)
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  3. On Covert Civil Disobedience and Animal Rescue.Daniel Weltman - 2023 - Journal of Ethics and Social Philosophy 25 (2).
    Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm cases to expand the (...)
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  4. A Brief in Support of Happy’s Appeal.Gary Comstock, Adam Lerner & Peter Singer - 2022 - Nonhuman Rights Project.
    We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the error.
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  5. Why the Court Should Free Happy.Gary Comstock, Adam Lerner & Peter Singer - 2022 - Inside Sources.
    Should the law recognize an elephant’s right to be released from solitary confinement? The New York State Court of Appeals—the highest court in the State of New York—will consider this question on May 18. At issue is an Asian elephant named Happy. But happy she is not. Every human being has a right to bodily liberty because they have strong interests that this right protects. Since Happy has the same strong interests, the Court should recognize Happy’s right to be freed (...)
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  6. The Problem of Justifying Animal-Friendly Animal Husbandry.Konstantin Deininger - 2022 - Transforming Food Systems: Ethics, Innovation and Responsibility.
    Intense or industrial animal husbandry is morally bad. This consensus in animal ethics led to the emergence of veganism which is recently in decline in favour of ‘conscientious carnivorism’ which advocates eating animal products from animal-friendly animal husbandry in response to the moral problems of industrial farming. Advocates of animal-friendly husbandry justify rearing and killing ‘happy animals’ by highlighting that the animals live pleasant lives and would not have existed if not reared for human consumption. In this paper, I tackle (...)
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  7. Animal Culture and Animal Welfare.Simon Fitzpatrick & Kristin Andrews - 2022 - Philosophy of Science 89 (5):1104-1113.
    Following recent arguments that cultural practices in wild animal populations have important conservation implications, we argue that recognizing captive animals as cultural has important welfare implications. Having a culture is of deep importance for cultural animals, wherever they live. Without understanding the cultural capacities of captive animals, we will be left with a deeply impoverished view of what they need to flourish. Best practices for welfare should therefore require concern for animals’ cultural needs, but the relationship between culture and welfare (...)
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  8. Covert Animal Rescue: Civil Disobedience or Subrevolution?Daniel Weltman - 2022 - Environmental Ethics 44 (1):61-83.
    We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of animal rescue (...)
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  9. The Harm of Desire Modification in Non-human Animals: Circumventing Control, Diminishing Ownership and Undermining Agency.Marc G. Wilcox - 2022 - Journal of Agricultural and Environmental Ethics 35 (3):1-15.
    It is seemingly bad for animals to have their desires modified in at least some cases, for instance where brainwashing or neurological manipulation takes place. In humans, many argue that such modification interferes with our positive liberty or undermines our autonomy but this explanation is inapplicable in the case of animals as they lack the capacity for autonomy in the relevant sense. As such, the standard view has been that, despite any intuitions to the contrary, the modification of animals’ desires (...)
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  10. Freedom and animal welfare.Heather Browning & Walter Veit - 2021 - Animals 4 (11):1148.
    The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value arising from the increased (...)
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  11. The Philosophers' Brief in Support of Happy's Appeal.Gary Comstock, Sue Donaldson, Andrew Fenton, Tyler M. John, L. Syd M. Johnson, Robert C. Jones, Will Kymlicka, Letitia M. Meynell, Nathan Nobis, David M. Peña-Guzmán, James Rocha, Bernard Rollin, Jeff Sebo & Adam Shriver - 2021 - New York State Appellate Court.
    We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.
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  12. Animal capabilities and freedom in the city.Nicolas Delon - 2021 - Journal of Human Development and Capabilities 22 (1):131-153.
    Animals who live in cities must coexist with us. They are, as a result, entitled to the conditions of their flourishing. This article argues that, as the boundaries of cities and urban areas expand, the boundaries of our conception of captivity should expand too. Urbanization can undermine animals’ freedoms, hence their ability to live good lives. I draw the implications of an account of “pervasive captivity” against the background of the Capabilities Approach. I construe captivity, including that of urban animals, (...)
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  13. Developmental Programming, Evolution, and Animal Welfare: A Case for Evolutionary Veterinary Science.Walter Veit & Heather Browning - 2021 - Journal of Applied Animal Welfare Science 1.
    The conditions animals experience during the early developmental stages of their lives can have critical ongoing effects on their future health, welfare, and proper development. In this paper we draw on evolutionary theory to improve our understanding of the processes of developmental programming, particularly Predictive Adaptive Responses (PAR) that serve to match offspring phenotype with predicted future environmental conditions. When these predictions fail, a mismatch occurs between offspring phenotype and the environment, which can have long-lasting health and welfare effects. Examples (...)
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  14. How to Help when it Hurts: ACT Individually (and in Groups).C. E. Abbate - 2020 - Animal Studies Journal 9 (1):170-200.
    In a recent article, Corey Wrenn argues that in order to adequately address injustices done to animals, we ought to think systemically. Her argument stems from a critique of the individualist approach I employ to resolve a moral dilemma faced by animal sanctuaries, who sometimes must harm some animals to help others. But must systemic critiques of injustice be at odds with individualist approaches? In this paper, I respond to Wrenn by showing how individualist approaches that take seriously the notion (...)
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  15. The natural behavior debate: Two conceptions of animal welfare.Heather Browning - 2020 - Journal of Applied Animal Welfare Science 23 (3):325-337.
    The performance of natural behavior is commonly used as a criterion in the determination of animal welfare. This is still true, despite many authors having demonstrated that it is not a necessary component of welfare – some natural behaviors may decrease welfare, while some unnatural behaviors increase it. Here I analyze why this idea persists, and what effects it may have. I argue that the disagreement underlying this debate on natural behavior is not one about which conditions affect welfare, but (...)
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  16. Is Humane Slaughter Possible?Heather Browning & Walter Veit - 2020 - Animals 10 (5):799.
    One of the biggest ethical issues in animal agriculture is that of the welfare of animals at the end of their lives, during the process of slaughter. Much work in animal welfare science is focussed on finding humane ways to transport and slaughter animals, to minimise the harm done during this process. In this paper, we take a philosophical look at what it means to perform slaughter humanely, beyond simply reducing pain and suffering during the slaughter process. In particular, we (...)
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  17. Extrapolating from Laboratory Behavioral Research on Nonhuman Primates Is Unjustified.Parker Crutchfield - 2020 - Journal of Applied Philosophy 37 (4):628-645.
    Conducting research on animals is supposed to be valuable because it provides information on how human mechanisms work. But for the use of animal models to be ethically justified, it must be epistemically justified. The inference from an observation about an animal model to a conclusion about humans must be warranted for the use of animals to be moral. When researchers infer from animals to humans, it’s an extrapolation. Often non-human primates are used as animal models in laboratory behavioral research. (...)
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  18. A Defense of Free-Roaming Cats from a Hedonist Account of Feline Well-being.C. E. Abbate - 2020 - Acta Analytica 35 (3):439-461.
    There is a widespread belief that for their own safety and for the protection of wildlife, cats should be permanently kept indoors. Against this view, I argue that cat guardians have a duty to provide their feline companions with outdoor access. The argument is based on a sophisticated hedonistic account of animal well-being that acknowledges that the performance of species-normal ethological behavior is especially pleasurable. Territorial behavior, which requires outdoor access, is a feline-normal ethological behavior, so when a cat is (...)
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  19. Animals and the agency account of moral status.Marc G. Wilcox - 2020 - Philosophical Studies 177 (7):1879-1899.
    In this paper, I aim to show that agency-based accounts of moral status are more plausible than many have previously thought. I do this by developing a novel account of moral status that takes agency, understood as the capacity for intentional action, to be the necessary and sufficient condition for the possession of moral status. This account also suggests that the capacities required for sentience entail the possession of agency, and the capacities required for agency, entail the possession of sentience. (...)
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  20. The Intrinsic Value of Liberty for Non-Human Animals.Marc G. Wilcox - 2020 - Journal of Value Inquiry 55 (4):685-703.
    The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...)
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  21. What should we do about sheep? The role of intelligence in welfare considerations.Heather Browning - 2019 - Animal Sentience 4 (25):23.
    Marino & Merskin (2019) demonstrate that sheep are more cognitively complex than typically thought. We should be cautious in interpreting the implications of these results for welfare considerations to avoid perpetuating mistaken beliefs about the moral value of intelligence as opposed to sentience. There are, however, still important ways in which this work can help improve sheeps’ lives.
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  22. The natural behavior debate: Two conceptions of animal welfare.Heather Browning - 2019 - Journal of Applied Animal Welfare Science:1–13.
    The performance of natural behavior is commonly used as a criterion in the determination of animal welfare. This is still true, despite many authors having demonstrated that it is not a necessary component of welfare –some natural behaviors may decrease welfare, while some unnatural behaviors increase it. Here I analyze why this idea persists, and what effects it may have. I argue that the disagreement underlying this debate on natural behavior is not one about which conditions affect welfare, but a (...)
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  23. What is good for an octopus?Heather Browning - 2019 - Animal Sentience 4 (26).
    Mather (2019) has brought together the current empirical research in support of the claim that octopuses possess minds; and the weight of the evidence does appear to support octopus sentience. Being sentient means an organism has welfare concerns, a subjective experience of life that can go well or poorly. Protecting welfare requires knowing what conditions will have a positive or negative impact. Understanding what is in the mind of an octopus will give us valuable insight into what is good for (...)
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  24. Developing a Metric of Usable Space for Zoo Exhibits.Heather Browning & Terry L. Maple - 2019 - Frontiers in Psychology 10:791.
    The size of animal exhibits has important effects on their lives and welfare. However, most references to exhibit size only consider floor space and height dimensions, without considering the space afforded by usable features within the exhibit. In this paper, we develop two possible methods for measuring the usable space of zoo exhibits and apply these to a sample exhibit. Having a metric for usable space in place will provide a better reflection of the quality of different exhibits, and enhance (...)
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  25. The Cattle in the Long Cedar Springs Draw.Gary Comstock - 2019 - In Nandita Batra & Mario Wenning (eds.), The Human–Animal Boundary Exploring the Line in Philosophy and Fiction. Lanham: Lexington Books. pp. 97-114.
    The argument for vegetarianism from overlapping species goes like this. Every individual who is the subject of a life has a right to life. Some humans—e.g., the severely congenitally cognitively limited—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. Severely congenitally cognitively limited humans have a right to life. Some animals—e.g., all mammals—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. We ought to treat like cases alike. The cases of (...)
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  26. Beyond the personhood paradigm.Nicolas Delon - 2019 - ASEBL Journal 14 (1):26-30.
    Commentary on Shawn Thompson's "Supporting Ape Rights". My response to Wise’s and Thompson’s strategy is two-fold: 1) personhood is neither strictly deter-mined by cognitive facts nor fruitfully construed in Kantian terms, and 2) personhood is not what matters when it comes to animal protection. To conclude, 3) I hint at an alternative, or complementary, avenue for change.
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  27. Chimpanzee Rights: The Philosophers' Brief.Kristin Andrews, Gary Comstock, G. K. D. Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David M. Pena-Guzman & Jeff Sebo - 2018 - London: Routledge.
    In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...)
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  28. The Philosophers' Brief on Chimpanzee Personhood.Kristin Andrews, Gary Comstock, Gillian Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David Pena-Guzman, James Rocha, Bernard Rollin, Jeff Sebo, Adam Shriver & Rebecca Walker - 2018 - Proposed Brief by Amici Curiae Philosophers in Support of the Petitioner-Appelllant Court of Appeals, State of New York,.
    In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.
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  29. Won’t Somebody Please Think of the Mammoths? De-extinction and Animal Welfare.Heather Browning - 2018 - Journal of Agricultural and Environmental Ethics 31 (6):785-803.
    De-extinction is the process through which extinct species can be brought back into existence. Although these projects have the potential to cause great harm to animal welfare, discussion on issues surrounding de-extinction have focussed primarily on other issues. In this paper, I examine the potential types of welfare harm that can arise through de-extinction programs, including problems with cloning, captive rearing and re-introduction. I argue that welfare harm should be an important consideration when making decisions on de-extinction projects. Though most (...)
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  30. No Room at the Zoo: Management Euthanasia and Animal Welfare.Heather Browning - 2018 - Journal of Agricultural and Environmental Ethics 31 (4):483-498.
    The practice of ‘management euthanasia’, in which zoos kill otherwise healthy surplus animals, is a controversial one. The debate over the permissibility of the practice tends to divide along two different views in animal ethics—animal rights and animal welfare. Traditionally, those arguments against the practice have come from the animal rights camp, who see it as a violation of the rights of the animal involved. Arguments in favour come from the animal welfare perspective, who argue that as the animal does (...)
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  31. Life in a Cage.Kristin Andrews - 2017 - The Philosophers' Magazine 76:72-77.
    Personhood is not a redundant category, but a social cluster kind. On this view, chimpanzees have their own kind of personhood profile. Seeing that chimpanzees have a personhood profile allows us to argue that chimpanzees like Tommy are individuals who deserve rights under the law. If chimpanzee personhood is a matter of public policy that needs to be decided by society, then learning more about the person profiles of chimpanzees will be essential in making this case. As the public learns (...)
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  32. The Euthanasia of Companion Animals.Michael Cholbi - 2017 - In Christine Overall (ed.), Pets and People: The Ethics of our Relationships with Companion Animals. Oxford University Press. pp. 264-278.
    Argues that considerations central to the justification of euthanizing humans do not readily extrapolate to the euthanasia of pets and companion animals; that the comparative account of death's badness can be successfully applied to such animals to ground the justification of their euthanasia and its timing; and proposes that companion animal guardians have authority to decide to euthanize such animals because of their epistemic standing regarding such animals' welfare.
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  33. Animal Welfare at Home and in the Wild.Kyle Johannsen - 2016 - Animal Sentience 1 (7/10).
    In recent work, economist Yew-Kwang Ng suggests strategies for improving animal welfare within the confines of institutions such as the meat industry. Although I argue that Ng is wrong not to advocate abolition, I do find his position concerning wild animals to be compelling. Anyone who takes the interests of animals seriously should also accept a cautious commitment to intervention in the wild.
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  34. Le droit à la liberté des animaux sensibles.Valéry Giroux - 2015 - In Méryl Pinque (ed.), Bêtes humaines. Autrement.
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  35. Why Animals Have an Interest in Freedom.Andreas T. Schmidt - 2015 - Historical Social Research 40 (4):92-109.
    Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...)
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  36. Ape Autonomy? Social norms and moral agency in other species.Kristin Andrews - 2013 - In Klaus Petrus & Markus Wild (eds.), Philosophical Perspectives on Animals: Mind, Ethics, Morals. Transcript. pp. 173-196.
    Once upon a time, not too long ago, the question about apes and ethics had to do with moral standing—do apes have interests or rights that humans ought to respect? Given the fifty years of research on great ape cognition, life history, social organization, and behavior, the answer to that question seems obvious. Apes have emotions and projects, they can be harmed, and they have important social relationships.
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  37. Beyond Dehumanization: A Post-Humanist Critique of Intensive Confinement.Lisa Guenther - 2012 - Journal of Critical Animal Studies. Special Issue on Animals and Prisons 10 (2).
    Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To be (...)
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  38. A Kantian Defense of Self‐Ownership.Robert S. Taylor - 2004 - Journal of Political Philosophy 12 (1):65-78.
    Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...)
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  39. Ethical issues in the release of animals from captivity.Cliff Stagoll & Kelly A. Waples - 1997 - BioScience 47 (2):115-119.
    For the general public, there is an intuitive appeal to an animal's living in the wild rather than in captivity. Rarely is it an appeal informed by careful scientific or ethical analysis, however. This paper discusses how animal release projects ought to be conducted, guided by the question, "what are the duties of humans toward animals that are to be released?" It studies the ethical responsibilities of caretakers, practical elements of a responsible release, and proper selection of candidate animals for (...)
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  40. The moral irrelevance of autonomy.Gary Comstock - 1992 - Between the Species 8 (1):4.
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  41. Orangutans are persons with rights: Amicus Curiae brief in the Sandai case, requested by the Interspecies Justice Foundation.Gary Comstock, Adam Lerner, Macarena Montes Franceschini & Peter Singer - manuscript
    We argue on consequentialist grounds for the transfer of Sandai, an orangutan, to an orangutan sanctuary. First, we show that satisfying his interest in being transferred brings far greater value than the value achieved by keeping him confined. Second, we show that he has the capacities sufficient for personhood. Third, we show that all persons have a right to relative liberty insofar as they have interests they can exercise only under conditions of relative liberty. Fourth, we show that individuals need (...)
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