This article seeks to revisit the relationship between Rawls’s contractarianism and the moral status of animals, paying particular attention to the recent literature. Despite Rawls’s own reluctance to include animals as recipients of justice, and my own initial scepticism, a number of scholars have argued that his theory does provide resources that are useful for the animal advocate. The first type takes Rawls’s exclusion of animals from his theory of justice at face value but argues that animals can still be (...) protected within a moral realm independently of justice, or indirectly through the motivations of human contractors. The second type adapts his theory in a way that enables animals to be included within a contractarian theory of justice. It is argued, though, that none of the responses offered is successful in providing a sphere of protection for animals from within Rawls’s contractarian theory. It is doubtful if Rawls’s intention was for animals to receive a significant degree of protection within a moral realm independently of justice, and equally doubtful if the contractors in the original position would be motivated to act on behalf of animals. In the case of the second, whilst Rawlsian resources can be utilised to justify the attempt to amend the veil of ignorance so as to include animals, these are not dependent on a contractural agreement. Similarly, placing emphasis on social-co-operation as a means of incorporating animals into a theory of justice is flawed, not least because, paradoxically, it works for domesticated animals whilst they are being exploited. (shrink)

This article considers the extent to which the debate about animal rights can be enriched by Richard Rorty’s theory of rights. Although Rorty’s work has enjoyed a lot of scholarly attention, commentators have not considered the implications of his arguments for animals. Nor have theorists of animal rights engaged his approach to rights. This paper argues that Rorty’s thinking holds a number of attractions for proponents of animal rights. It also considers some of its drawbacks. It is further argued that (...) Rorty’s thinking about rights avoids many of the problems that animal ethic of care theorists have found in rights discourse being applied to animals. Rorty’s work thus provides a valuable resource for bringing these two major strands within the animal ethics literature into closer theoretical kinship. (shrink)

This open access book revises Kant’s ethical thought in one of its most notorious respects: its exclusion of animals from moral consideration. The book gives readers in animal ethics an accessible introduction to Kant’s views on our duties to others, and his view that we have only ‘indirect’ duties regarding animals. It then investigates how one would have to depart from Kant in order to recognise that animals matter morally for their own sake. Particular attention is paid to Kant’s ‘Formula (...) of Humanity,' the role of autonomy and the moral law, as well as Kant’s notions of practical reason and animal instinct. The result is a deliberately amended version of Kantianism which nevertheless remains faithful to central aspects of Kant’s thought. The book’s final part illustrates the framework’s use in applied contexts, addressing the issues of using animals as mere means, the ethics of veganism and vegetarianism, and environmental protection. Nico Dario Müller shows how, when furnished with duties to animals, Kant's moral philosophy can be a powerful resource for animal ethicists. (shrink)

It is widely held that moral obligations to non-human beings do not involve considerations of justice. For such a view, nonhuman interests are always prone to be trumped by human interests. Rawlsian contractarianism comprises an example of such a view. Through analysis of such theories, this essay highlights the problem of reconciling the claim that humans have obligations to non-humans with the claim that our treatment of the latter is not a matter of justice. We argue that if it is (...) granted that the basic interests of non-human beings sometimes count for more than the peripheral interests of humans, then our understandings of obligation and of justice must be aligned, so that what we say about obligation is not countered by assumptions about the invariable priority of humans in matters of justice. We further consider whether such a conclusion can be endorsed by those who adopt certain alternative theories to contractarianism. We conclude that adherents of a range of theories including sentientism and biocentrism must accept that human interests can sometimes be superseded by animal interests, and that this applies not least in matters of justice. (shrink)

It is widely held that moral obligations to non-human beings do not involve considerations of justice. For such a view, nonhuman interests are always prone to be trumped by human interests. Rawlsian contractarianism comprises an example of such a view. Through analysis of such theories, this essay highlights the problem of reconciling the claim that humans have obligations to non-humans with the claim that our treatment of the latter is not a matter of justice. We argue that if it is (...) granted that the basic interests of non-human beings sometimes count for more than the peripheral interests of humans, then our understandings of obligation and of justice must be aligned, so that what we say about obligation is not countered by assumptions about the invariable priority of humans in matters of justice. We further consider whether such a conclusion can be endorsed by those who adopt certain alternative theories to contractarianism. We conclude that adherents of a range of theories including sentientism and biocentrism must accept that human interests can sometimes be superseded by animal interests, and that this applies not least in matters of justice. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

This article examines the extent to which Brian Barry’s contractarian political theory – justice as impartiality – is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...) non-vital, human set of beliefs included within a conception of the good. As a result, those concerned about the well-being of animals need either to go beyond contractarianism, and look for alternative theories of justice that are more amenable to the inclusion of animals, or to examine the degree to which direct duties can be owed to animals within a moral realm independently of justice. (shrink)

Those who wish to abolish or restrict the use of non-human animals in so-called factory farming and/or experimentation often argue that these animal use practices are incommensurate with animals’ moral status. If sound, these arguments would establish that, as a matter of ethics or justice, we should voluntarily abstain from the immoral animal use practices in question. But these arguments can’t and shouldn’t be taken to establish a related conclusion: that the moral status of animals justifies political intervention to disallow (...) or significantly diminish factory farming and animal experimentation. In this paper, we set out to do two things: First, we argue that while the arguments mentioned above may establish the moral impermissibility or injustice of the practices they condemn, they are not sufficient to justify political interventions or social policies to abolish or restrict such practices. It is one thing to argue that some moral imperative or imperative of justice exists, and quite another thing to call for the use of political power to induce compliance with that imperative. Our second task is to assess the prospects for developing an argument that is sufficient to justify political interventions to restrict or abolish the use of non-human animals in factory farming or experimentation. Beyond establishing the immorality or injustice of animal consumption or experimentation, one must show that the interventions in question constitute legitimate use of political power. Would prohibiting or discouraging animal use be legitimate? We attempt to answer this question within the context of fundamental liberal constraints on the legitimate use of coercive political power. (shrink)

The 3Rs framework in animal experimentation– “replace, reduce, refine” – has been alleged to be expressive of anthropocentrism, the view that only humans are directly morally relevant. After all, the 3Rs safeguard animal welfare only as far as given human research objectives permit, effectively prioritizing human use interests over animal interests. This article acknowledges this prioritization, but argues that the characterization as anthropocentric is inaccurate. In fact, the 3Rs prioritize research purposes even more strongly than an ethical anthropocentrist would. Drawing (...) on the writings of Universities Federation for Animal Welfare (UFAW) founder Charles W. Hume, who employed Russell and Burch, it is argued that the 3Rs originally arose from an animal-centered ethic which was however restricted by an organizational strategy aiming at the voluntary cooperation of animal researchers. Research purposes thus had to be accepted as given. While this explains why the 3Rs focus narrowly on humane method selection, not on encouraging animal-free question selection in the first place, it suggests that governments should (also) focus on the latter if they recognize animals as deserving protection for their own sake. (shrink)

There is extensive literature that indicates animals suffer considerably in the practices of factory farming and animal experimentation. In the light of the evidence of this suffering there is an urgent need to answer the question whether our current use of animals is ever morally justifiable. The aim of this thesis is to provide a critical examination of the moral status of animals and of our treatment of animals in these practices. My objective is to assess whether these practices are (...) ever justifiable and whether we have a moral obligation to revise our attitudes towards our use of animals. Animals are often denied moral standing on the basis that they lack certain capacities, such as rationality, language and the ability to think. Further, it is often thought that animals' supposed lack of such capacities could be used as a defence for our use of them in intensive farming and animal experimentation. Thus, in examining the moral status of animals this thesis also examines animals and their capacities in order to determine whether any of the arguments given against the moral standing of animals are sound. In seeking to discover the extent of our moral obligations towards animals and the necessary conditions for moral standing, I will demonstrate that, although animals used in factory farming and experiments do have moral standing, the only consistent course is to extend moral standing to all living things. I will conclude that although the possession of certain much-prized capacities is not necessary for moral standing, many animals do indeed possess such capacities, including the ability to use language. Centrally this thesis calls for a re-evaluation of our attitudes towards animals, particularly in respect of our beliefs about animals used in factory farms and experiments. (shrink)

¿Qué papel juegan los animales no humanos en la filosofía política de John Rawls? En este artículo identifico tres posibles respuestas. Según la respuesta integracionista, los animales pueden ser incluidos en su teoría de la justicia, como genuinos receptores de deberes de justicia. De acuerdo con la respuesta compatibilista, por otra parte, los animales no pueden ser incluidos en la teoría de la justicia de Rawls, pero sí encajan en su teoría política más amplia. Por último, según la respuesta del (...) conflicto, existe una tensión entre el reconocimiento del estatus moral de los animales y algunos elementos esenciales del pensamiento político de Rawls. El objetivo principal de este artículo es defender esta última respuesta. Para ello, argumento en primer lugar que los principales intentos de integrar a los animales en la teoría de la justicia rawlsiana no logran alcanzar su objetivo, pues acaban contradiciendo elementos esenciales de dicha teoría. En segundo lugar, defiendo también que la estrategia compatibilista es insatisfactoria, pues se muestra incapaz de incorporar ciertas asunciones centrales de la ética animal. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)