Animal Rights

This essay explores the moral reasoning underpinning the common view that it is worse to kill a human compared with killing an animal. After examining the serious deficiencies of traditional approaches, the author develops an alternative utilitarian-based framework that proportions the seriousness of killing to levels of sentience. He demonstrates how this new approach avoids the problems faced by the application of standard utilitarian formulae in weighing the seriousness of killing many low-sentience animals vis-á-vis killing a single human. The author (...) concludes with a discussion of how this new approach overcomes the difficulties faced by Peter Singer’s dualist form of utilitarianism. (shrink)

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, (...) the animal’s value to her guardian. What is this noneconomic value, and how should guardians be compensated for it? In Part 1, I propose a novel method to answer this question. My method includes a third, even more controversial, value: the animal’s value to herself. The idea that an animal could invest in herself faces many criticisms. In Part 2, I defend the claim by examining the mental capacities of dogs (Canis familiaris). I rebut the central objection—that dogs lack the psychological capacities required for self-investment—by showing that dogs are autonomous, think about their futures, and inhibit their desires in light of their goals. I close by suggesting that whereas the approach has conservative implications for the valuation of companion animals, it has radical implications for the valuation of agricultural animals. -/- Keywords: companion animals, animal law, legal theory, value theory, practical ethics, economic value, noneconomic value, intrinsic value, instrumental value, animal welfare, dogs, animal rights, capital value, self-investment value, autonomy, wrongful death, philosophy of animal law, animal minds, moral standing of animals, legal standing of animals, agency, prospection, canine neurobiology, bereavement, replaceability, non-ideal ethics . (shrink)

Vegans do not eat meat. This statement seems so obvious that one might be tempted to claim that it is analytically true. Yet several authors argue that the underlying logic of veganism warrants – perhaps even demands – eating meat. I begin by considering an important principle that has been important in motivating vegan meat-eating, related to an obligation to reduce or minimise harm. I offer an alternative, rights-based view, and suggest that while this might support an obligation to eat (...) meat in some cases, it fundamentally changes how we should view the arguments on offer. I consider such arguments with respect to three categories of animals: cows, crickets and clams. Rather than assigning importance to the particular choice of animal, readers should take each of these to stand for particular categorisations of non-human animals: animals who certainly have some capacities that we regard as morally relevant in humans, such as sentience, or the capacity for desires (‘cows’); animals who might have one or more of these capacities, but where current research is inconclusive (‘crickets’); and animals that are, according to our current knowledge, extremely unlikely to have any of these capacities (‘clams’). (shrink)

I will argue against bestiality as a socially acceptable practice based on five standard premises. The standard premises I will present will contain notes in regard to: instrumentality; consent; disease transmission; deviance; and morality. There is significant work available on the harm done to the beast, so aside from brief summary; the question of the good of the beast is not in the focus. I will also ignore any religious concerns, either surrounding morality or freedom of practice. Instead, these arguments (...) are in support of the moral identity of the individual and of society as a whole. (shrink)

Consequentialism is thought to be in significant conflict with animal rights theory because it does not regard activities such as confinement, killing, and exploitation as in principle morally wrong. Proponents of the “Logic of the Larder” argue that consequentialism results in an implausibly pro-exploitation stance, permitting us to eat farmed animals with positive well- being to ensure future such animals exist. Proponents of the “Logic of the Logger” argue that consequentialism results in an implausibly anti-conservationist stance, permitting us to exterminate (...) wild animals with negative well-being to ensure future such animals do not exist. We argue that this conflict is overstated. Once we have properly accounted for indirect effects, such as the role that our policies play in shaping moral attitudes and behavior and the importance of accepting policies that are robust against deviation, we can see that consequentialism may converge with animal rights theory significantly, even if not entirely. (shrink)

An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible (...) with recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

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 (...) of group responsibility can be deployed to solve complicated dilemmas that are products of injustice. Contra Wrenn, I argue that to adequately address injustice, acting individually, often within groups, is significantly more important than thinking systemically. (shrink)

A review of "Fellow Creatures: Our Obligations to the Other Animals," by Christine M. Korsgaard. New York: Oxford, 2018. Pp. 271.

What can neuroscience tell us, if anything, about the capacities of cows to think about the future? The question is important if having the right to a future requires the ability to think about one’s future. To think about one’s future involves the mental state of prospection, in which we direct our attention to things yet to come. I distinguish several kinds of prospection, identify the behavioral markers of future thinking, and survey what is known about the neuroanatomy of future-directed (...) bovine beliefs and desires. I suggest, in conclusion, that instead of asking whether a cow’s prospection is conscious, ask whether it is like ours—with “ours” understood to include all human beings. (shrink)

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 (...) permanently confined to the indoors, her ability to flourish is impaired. Since cat guardians have a duty not to impair the well-being of their cats, the impairment of cat flourishing via confinement signifies a moral failing. Although some cats assume significant risks and sometimes kill wild animals when roaming outdoors, these important considerations do not imply that all cats should be deprived of the opportunity to access the outdoors. Indeed, they do not, by themselves, imply that any cat should be permanently kept indoors. (shrink)

David. E. Cooper’s claim in Animals and Misanthropy is that honest reflection on the ways human beings treat and compare with animals encourages a dark, misanthropic judgment on humankind. Treatment of animals manifests a range of vices and failings that are ubiquitous and entrenched in our practices, institutions, and forms of life, organized by Cooper into five clusters. Moreover, comparisons of humans and animals reveals both affinities and similarities, including a crucial difference that animals are capable of virtues while being (...) vice-free, whereas humans are both virtuous and vicious. Various familiar ways of thinking morally and scientifically about animal life are criticized for being overly abstract, occluding richer ways of engaging with animals that are better able to disclose the fundamental wrong of their treatment by humans. The book offers a concise, lucid challenge to mainstream ways of thinking morally about animals and to comfortably optimistic estimations of the moral performance of humankind. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

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 (...) some humans are like the cases of some animals. Therefore, some animals have a right to life. -/- The argument seems not to have moved many people to change their diets. The reason, I suggest, is not because the argument is unsound but because our ability to change our dietary practices is difficult and we lack the imaginative resources to see the world from a nonhuman perspective. -/- I suggest that creative artists are of great value here, and I provide an example by referring to the work of the American novelist, Cormac McCarthy. (shrink)

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.

Marino & Merskin’s review shows that sheep are intelligent and highly social but their methodology has some shortcomings. I describe five problems with reviewing only the academic and scientific literature and suggest how one might provide an even more compelling case for the complexity of sheep minds.

Animal rights philosophers have traditionally accepted the claim that human beings are unique, but rejected the claim that our uniqueness justifies denying animals moral rights. Humans were thought to be unique specifically because we possess moral agency. In this commentary, I explore the claim that some nonhuman animals are also moral agents, and I take note of its counter-intuitive implications.

The moral status of animals is a subject of controversy both within and beyond academic philosophy, especially regarding the question of whether and when it is ethical to eat meat. A commitment to animal rights and related notions of animal protection is often thought to entail a plant-based diet, but recent philosophical work challenges this view by arguing that, even if animals warrant a high degree of moral standing, we are permitted - or even obliged - to eat meat. Andy (...) Lamey provides critical analysis of past and present dialogues surrounding animal rights, discussing topics including plant agriculture, animal cognition, and in vitro meat. He documents the trend toward a new kind of omnivorism that justifies meat-eating within a framework of animal protection, and evaluates for the first time which forms of this new omnivorism can be ethically justified, providing crucial guidance for philosophers as well as researchers in culture and agriculture. (shrink)

This article brings animal protection theory to bear on Temple Grandin’s work, in her capacity both as a designer of slaughter facilities and as an advocate for omnivorism. Animal protection is a better term for what is often termed animal rights, given that many of the theories grouped under the animal rights label do not extend the concept of rights to animals. I outline the nature of Grandin’s system of humane slaughter as it pertains to cattle. I then outline four (...) arguments Grandin has made defending meat-eating. On a protection-based approach, I argue, Grandin’s system of slaughter is superior to its traditional counterpart. Grandin’s success as a designer of humane slaughterhouses however is not matched by any corresponding success in offering a moral defence of meat-eating. Despite, or perhaps because of, the popularity of her work, Grandin’s arguments for continuing to eat animals are noteworthy only in how disappointing and rudimentary they are. If we can thank Grandin for making a difference in the lives of millions of farm animals, her work can also be criticized for not engaging the moral status of animals with the depth and rigor that it deserves. (shrink)

In this paper, we analyse the Wittgensteinian critique of the orthodoxy in animal ethics that has been championed by Cora Diamond and Alice Crary. While Crary frames it as a critique of “moral individualism”, we show that their criticism applies most prominently to certain forms of moral individualism (namely, those that follow hedonistic or preference-satisfaction axiologies), and not to moral individualism in itself. Indeed, there is a concrete sense in which the moral individualistic stance cannot be escaped, and we believe (...) that it is this particular limitation that justified Crary’s later move to a qualified version of moral individualism. At the same time, we also argue that there are significant merits to the Wittgensteinian critique of moral individualism, which pertain to its attack on the rationalism, naturalism, and reductionism that characterise orthodox approaches to animal ethics. We show that there is much of value in the Wittgensteinians’ call for an ethics that is more human; an ethics that fully embraces the capacities we are endowed with and one that pays heed to the richness and complexity of our moral lives. (shrink)

-/- This chapter evaluates the ethical issues that using cost-effectiveness considerations to set animal health priorities might present, and its conclusions are cautiously optimistic. While using cost-effectiveness calculations in animal health is not without ethical pitfalls, these calculations offer a pathway toward more rigorous priority-setting efforts that allow money spent on animal well-being to do more good. Although assessing quality of life for animals may be more challenging than in humans, implementing prioritization based on cost-effectiveness is less ethically fraught.

"A powerfully written work" —Dr. Peter Singer, Princeton University, author of "Animal Liberation" (1975) -/- In this wide-ranging and accessible book, Yunt offers a brief survey of some of the most vital historical, scientific, philosophical, and even religious aspects of animal liberation. Making connections between sexism, racism, homophobia, and speciesism, he shows why nonhuman animals are the last group of sentient beings to gain rights, as well as how the movement to extend basic rights to them—something increasing with each generation—is (...) emerging as the historical and moral end goal humanity has been moving toward throughout its evolution. What’s partly aided this evolution are scientific discoveries unveiling the biological and moral relatedness of humans and nonhuman animals. If such facts begin to inform our ethics, then our awareness of these primal bonds—such as suffering, empathy, sorrow, and joy—will enable humanity to move away from its role as oppressor, and into one of cohabitant and caretaker of the planet and other beings. The devastating issues related to our current exploitation of other species—human health epidemics, environmental catastrophes, and the unnecessary brutality against other sentient life—will finally be confronted in earnest, and it will become apparent that the embrace of animal liberation is, in fact, the beginning of true human liberation. (shrink)

The philosophy of animal rights is often characterized as an exclusively justice oriented approach to animal liberation that is unconcerned with, and moreover suspicious of, moral emotions, like sympathy, empathy, and compassion. I argue that the philosophy of animal rights can, and should, acknowledge that compassion plays an integral role in animal liberation discourse and theory. Because compassion motivates moral actors to relieve the serious injustices that other animals face, or, at the very least, compassion moves actors not to participate (...) in or cause these injustices, the philosophy of animal rights can and should recognize both a duty to cultivate compassion and a duty to promote compassion. Contra to feminist critiques of Regan’s justice-approach to ethics, the philosophy of animal rights is not committed to eschewing the moral emotions. (shrink)

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 (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

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.

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 (...) not suffer, there is no harm in the practice and it is justified by its potential benefits. Here, I argue that an expansion of the welfare view, encompassing longevity and opportunities for positive welfare, give stronger considerations against management euthanasia, which then require greater benefits to justify its use. (shrink)

Animals, the beautiful creatures of God in the Stoic and especially in Porphyry’s sense, need to be treated as rational. We know that the Stoics ask for justice to all rational beings, but I think there is no significant proclamation from their side that openly talks in favour of animal’s justice. They claim the rationality of animals but do not confer any right to human beings. The later Neo-Platonist philosopher Porphyry magnificently deciphers this idea in his writing On Abstinence from (...) Animal Food. Aristotle’s successor Theophrastus thinks that both animals and humans are made up of same tissues and like a human, animals also have the same way of perception, reasoning and appetites. My next effort would be to decipher how Porphyry illustrates Theophrastus’ perspective not in the way (the technical theory of justice) the Stoics argued. Porphyry’s stance seems more humanistic that looks for the pertinent reasons for treating animal rights from the contention of justice that Aristotle in his early writings defied since the animals can deal with reasons. The paper highlights on how much we could justificatorily demand the empathetic concern for animals from the outlook of the mentioned Greek thinkers and the modern animal rights thinkers as quasi-right of animals, even if my own position undertakes the empathetic ground for animals as an undeserving humanitarian way. (shrink)

Social change is slow and difficult. Social change for animals is formidably slow and difficult. Advocates and scholars alike have long tried to change attitudes and convince the public that eating animals is wrong. The topic of norms and social change for animals has been neglected, which explains in part the relative failure of the animal protection movement to secure robust support reflected in social and legal norms. Moreover, animal ethics has suffered from a disproportionate focus on individual attitudes and (...) behavior at the expense of collective behavior, social change, and empirical psychology. If what we want to change is behavior on a large scale, norms are important tools. This article reviews an account of social norms that provides insights into the possibility and limitations of social change for animals, approaching animal protection as a problem of reverse social engineering. It highlights avenues for future work from this neglected perspective. (shrink)

We know that animals are harmed in plant production. Unfortunately, though, we know very little about the scale of the problem. This matters for two reasons. First, we can’t decide how many resources to devote to the problem without a better sense of its scope. Second, this information shortage throws a wrench in arguments for veganism, since it’s always possible that a diet that contains animal products is complicit in fewer deaths than a diet that avoids them. In this paper, (...) then, we have two aims: first, we want to collect and analyze all the available information about animal death associated with plant agriculture; second, we try to show just how difficult it’s to come up with a plausible estimate of how many animals are killed by plant agriculture, and not just because of a lack of empirical information. Additionally, we show that there are significant philosophical questions associated with interpreting the available data—questions such that different answers generate dramatically different estimates of the scope of the problem. Finally, we document current trends in plant agriculture that cause little or no collateral harm to animals, trends which suggest that field animal deaths are a historically contingent problem that in future may be reduced or eliminated altogether. (shrink)

GREGORY McELWAIN | : This paper explores the intersection of animal and environmental ethics through the thought of Mary Midgley. Midgley’s work offers a shift away from liberal individualist animal ethics toward a relational value system involving interdependence, care, sympathy, and other components of morality that were often overlooked or marginalized in hyperrationalist ethics, though which are now more widely recognized. This is most exemplified in her concept of “the mixed community,” which gained special attention in J. Baird Callicott’s effort (...) to create a “unified environmental ethics.” In this, Callicott saw the potential in Midgley’s thought for bringing animal and environmental ethics “back together again.” However, this paper argues that he oversimplified and misapplied her complex concept. This is primarily due to his attempt to harmonize her approach with a rigid dichotomy between domestic and wild animals—as well as one between individuals and collectives—in his conception of the land ethic in the tradition of Aldo Leopold. Throughout, this paper also highlights Midgley’s value as an early contributor to the convergence of animal and environmental ethics. | : Cet article explore l’intersection entre l’éthique animale et l’éthique environnementale par le biais de la pensée de Mary Midgley. Le travail de Midgley prend ses distances d’une éthique animale libérale individualiste pour se rapprocher d’un système de valeurs relationnel qui implique l’interdépendance, le soin, la sympathie, et d’autres éléments de la morale qui ont souvent été négligés ou marginalisés dans le contexte de l’éthique hyperrationnaliste, bien qu’actuellement plus largement reconnus. Le meilleur exemple de cela se retrouve dans son concept de « la communauté mixte », lequel a bénéficié d’une attention particulière chez J. Baird Callicot et son effort pour créer une « éthique environnementale unifiée ». En cela, Callicot a vu le potentiel de la pensée de Midgley’s pour une « réunification » de l’éthique animale et l’éthique environnementale. Or, cet article soutient qu’il a simplifié et appliqué à tort le concept complexe de Midgley, en raison de sa tentative de concilier l’approche de cette dernière avec une stricte dichotomie entre animaux sauvages et domestiques – en plus d’une autre entre individus et collectivités – suivant sa conception de l’éthique de la terre dans la tradition d’Aldo Leopold. Tout au long du texte, cet article met en relief l’importance de Midgley comme l’une des premiers théoriciens à avoir contribué à la convergence de l’éthique animale et de l’éthique environnementale. (shrink)

In this chapter we discuss some of the central ethical issues specific to eating and harvesting fish. We survey recent research on fish intelligence and cognition and discuss possible considerations that are distinctive to questions about the ethics of eating fish as opposed to terrestrial and avian mammals. We conclude that those features that are distinctive to the harvesting and consumption of fish, including means of capture and the central role that fishing plays in many communities, do not suggest that (...) eating fish is less morally problematic than eating terrestrial of avian animals. (shrink)

I argue that, contrary to what Tom Regan suggests, his rights view implies that subsistence hunting is wrong, that is, killing animals for food is wrong even when they are the only available food source, since doing so violates animal rights. We can see that subsistence hunting is wrong on the rights view by seeing why animal experimentation, specifically xenotransplanation, is wrong on the rights view: if it’s wrong to kill an animal to take organs to save a human life, (...) it’s wrong to kill an animal to eat that animal to save a human life or improve human health. I discuss these arguments’ implications for animal rights-based vegan advocacy, insofar as some people claim that they don’t feel their best on vegan diets and so their eating meat is morally justified. I argue that such an attempt to justify consuming animal products fails on Regan’s rights view, but discuss some attempts to morally excuse such violations of animals’ rights. These attempts are inspired by Regan’s attempts at potentially excusing animal rights advocates’ using medications developed using animals. (shrink)

Many moral philosophers have criticized intensive animal farming because it can be harmful to the environment, it causes pain and misery to a large number of animals, and furthermore eating meat and animal-based products can be unhealthful. The issue of industrially farmed animals has become one of the most pressing ethical questions of our time. On the one hand, utilitarians have argued that we should become vegetarians or vegans because the practices of raising animals for food are immoral since they (...) minimize the overall happiness. Deontologists, on the other hand, have argued that the practices of raising animals for food are immoral because animals have certain rights and we have duties toward them. Some virtue ethicists remain unconvinced of deontic and consequentialist arguments against the exploitation of animals and suggest that a virtue-based approach is better equipped to show what is immoral about raising and using animals for food, and what is virtuous about ethical veganism. (shrink)

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 (...) what scientists have come to see, and with public conversations about what counts as a person, our society can make another ethical transformation that will be recognized by the courts. But without the metaphysical personhood concept to rely on, we will have a difficult time showing that chimpanzees should count as persons under the law. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

I argue for the moral relevance of a category of individuals I characterize as far-persons. Following Gary Varner, I distinguish near-persons, animals with a " robust autonoetic consciousness " but lacking an adult human's " biographical sense of self, " from the merely sentient, those animals living "entirely in the present." I note the possibility of a third class. Far-persons lack a biographical sense of self, possess a weak autonoetic consciousness, and are able to travel mentally through time a distance (...) that exceeds the capacities of the merely sentient. Far-persons are conscious of and exercise control over short-term cognitive states, states limited by their temporal duration. The animals in question, human and nonhuman, consciously choose among various strategies available to them to achieve their ends, making them subjects of what I call "lyrical experience:" brief and potentially intense pleasures and pains. But their ends expire minute-by-minute, not stretching beyond, I say metaphorically, the present hour. I conclude by discussing the moral status of far-persons. (shrink)

Wild animal reproduction poses an important moral problem for animal rights theorists. Many wild animals give birth to large numbers of uncared-for offspring, and thus child mortality rates are far higher in nature than they are among human beings. In light of this reproductive strategy – traditionally referred to as the ‘r-strategy’ – does concern for the interests of wild animals require us to intervene in nature? In this paper, I argue that animal rights theorists should embrace fallibility-constrained interventionism: the (...) view that intervention in nature is desirable but should be constrained by our ignorance of the inner workings of ecosystems. Though authors sometimes assume that large-scale intervention requires turning nature into an enormous zoo, I suggest an alternative. With sufficient research, a new form of gene editing called CRISPR promises to one day give us the capacity to intervene without perpetually interfering with wild animals’ liberties. (shrink)

No artigo “O vegetarianismo como obrigação ética” (Crítica, 10 de Setembro de 2015), Moutinho defende que o vegetarianismo é uma obrigação moral. Fá-lo argumentando por duas vias: que o estatuto moral dos animais é incompatível com serem usados pelos humanos para alimentação; e que o vegetarianismo é consequência do nosso dever em preservar o equilíbrio ecológico do planeta. O meu objectivo neste artigo é mostrar que os argumentos apresentados são insuficientes para estabelecer o vegetarianismo como obrigação moral.

I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many animals can (...) be wronged and thus, by extension, have rights. The result, I argue, is a perspective on the nature of moral rights in general, and the idea of animal rights in particular, that constitutes an important and plausible alternative to the more familiar views advanced by philosophers in recent decades. (shrink)

Timothy Hsiao attempts to defend industrial animal farming by arguing that it is not inherently cruel. We raise three main objections to his defense. First, his argument rests on a misunderstanding of the nature of cruelty. Second, his conclusion, though technically true, is so weak as to be of virtually no moral significance or interest. Third, his contention that animals lack moral standing, and thus that mistreating them is wrong only insofar as it makes one more disposed to mistreat other (...) humans, is untenable on both philosophical and biological grounds. (shrink)

I argue that humans have a duty to socialise with domesticated animals, especially members of farmed animal species: to make efforts to include them in our social lives in circumstances that make friendships possible. Put another way, domesticated animals have a claim to opportunities to befriend humans, in addition to (and constrained by) a basic welfare-related right to socialise with members of their own and other species. This is because i) domesticated animals are in a currently unjust scheme of social (...) cooperation with, and dependence upon, humans; and ii) ongoing human moral attention and ‘social capital’, of which personal friendships are an indispensable source, is critical if their interests are to be represented robustly and their agency enabled in a just interspecies community. I then argue that participation in farmed animal sanctuaries is a promising way to fulfil this duty, lending support to conceptions of sanctuary as just interspecies community. (shrink)

Utilitarianism has an apparent pedigree when it comes to animal welfare. It supports the view that animal welfare matters just as much as human welfare. And many utilitarians support and oppose various practices in line with more mainstream concern over animal welfare, such as that we should not kill animals for food or other uses, and that we ought not to torture animals for fun. This relationship has come under tension from many directions. The aim of this article is to (...) add further considerations in support of that tension. I suggest three ways in which utilitarianism comes significantly apart from mainstream concerns with animal welfare. First, utilitarianism opposes animal cruelty only when it offers an inefficient ratio of pleasure to pain; while this may be true of eating animal products, it is not obviously true of other abuses. Second, utilitarianism faces a familiar problem of the inefficacy of individual decisions; I consider a common response to this worry, and offer further concerns. Finally, the common utilitarian argument against animal cruelty ignores various pleasures that humans may get from the superior status that a structure supporting exploitation confers. (shrink)

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. Second, evidence is growing that (...) healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)