From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...) to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally-grounded view of the firm. (shrink)

This article examines United States v. Stevens, a case recently decided by the Supreme Court, and its relation to animal law and freedom of speech issues, specifically the contention between the two, caused by the statute in question at the heart of the case. While animal rights advocates wish to frame the case through an anti-animal cruelty perspective, those seeking to protect freedom of speech have made the statute an issue of First Amendment rights. Is 18 USC § 48 an (...) imposition on free speech or a step in the right direction towards protection of animals and promotion of their rights? It is argued here that the Supreme Court should have recognized the Stevens case as an important development in animal rights and held that the statute is narrowly tailored, based on a compelling government interest, and that the protection of animals from harm overshadows any possible speech or expression that is found in crush videos, dog fighting videos, and the like. (shrink)

Animal welfare is emerging as one of the most controversial issues in modern livestock agriculture. Although consumers can buy free range products in niche markets, some have argued that existing markets cannot solve the animal welfare dilemma because there are individuals who care about animal well-being who do not eat animal products. This paper proposes a market-based solution to at least partially manage animal welfare externalities. After discussing the current lack of market incentives to promote farm animal well-being, a potential (...) scheme to quantify and trade units of farm animal well-being is proposed. The potential merits and efficacy of an animal welfare market are also discussed. (shrink)

According to indirect duty views, human beings lack direct moral duties to non-human organisms, but our direct duties to ourselves and other humans give rise to indirect duties regarding non-humans. On the orthodox interpretation of Kant’s account of indirect duties, one should abstain from treating organisms in ways that render one more likely to violate direct duties to humans. This indirect duty view is subject to several damaging objections, such as that it misidentifies the moral reasons we have to treat (...) non-humans in certain ways and that it sanctions only weak obligations vis-à-vis organisms. I develop an alternative indirect duty view: given a direct duty to oneself to cultivate virtuous dispositions, one has an indirect duty to abstain from treating organisms in ways that erode one’s virtues or develop vices. I argue that this indirect duty view strictly proscribes knowingly causing unnecessary harm to organisms, and I show that it is not subject to the damaging objections directed against the indirect duty view attributed to Kant by the orthodox interpretation. This suggests that indirect duty views are more worthy of consideration than is often supposed. (shrink)

In “Do Animals have an Interest in Liberty?” Alasdair Cochrane brings some much needed attention to the ethics of animal confinement (2009a). Of particular significance is the question of whether confinement in itself is bad for nonhuman animal (hereafter, animal) well-being. If confinement conditions cause animals to suffer or frustrate their preferences it is safe to assume that liberty or freedom (following Cochrane, I use the terms interchangeably) would be instrumentally good for them. But, what about seemingly benign conditions of (...) confinement in which animals are not suffering or having their preferences frustrated? Is confinement in such cases bad for their well-being? In other words, do animals have an .. (shrink)

Abstract Drawing on the features of “practical philosophy” described by Toulmin ( 1990 ), a “practical” ethic for animals would be rooted in knowledge of how people affect animals, and would provide guidance on the diverse ethical concerns that arise. Human activities affect animals in four broad ways: (1) keeping animals, for example, on farms and as companions, (2) causing intentional harm to animals, for example through slaughter and hunting, (3) causing direct but unintended harm to animals, for example by (...) cropping practices and vehicle collisions, and (4) harming animals indirectly by disturbing life-sustaining processes and balances of nature, for example by habitat destruction and climate change. The four types of activities raise different ethical concerns including suffering, injury, deprivation, and death (of individuals), decline of populations, disruption of ecological systems containing animals, and extinction of species. They also vary in features relevant to moral evaluation and decision-making; these include the number of animals affected, the duration of the effects, the likelihood of irreversible effects, and the degree to which the effects can be controlled. In some cases human actions can also provide benefits to animals such as shelter and health care. Four mid-level principles are proposed to make a plausible fit to the features of the four types of human activities and to address the major ethical concerns that arise. The principles are: (1) to provide good lives for the animals in our care, (2) to treat suffering with compassion, (3) to be mindful of unseen harm, and (4) to protect the life-sustaining processes and balances of nature. This “practical” approach arguably makes a better fit to the complex, real-life problems of animal ethics than the single foundational principles that have dominated much recent animal ethics philosophy. Content Type Journal Article Category Articles Pages 1-26 DOI 10.1007/s10806-011-9353-z Authors David Fraser, Animal Welfare Program, University of British Columbia, 2357 Main Mall, Vancouver, V6T 1Z4 Canada Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

The argument has been made that future generations of human beings are being harmed unjustifiably by the actions individuals commit today. This paper addresses what it might mean to harm future generations, whether we might harm them, and what our duties toward future generations might be. After introducing the Global Health Impact (GHI) concept as a unit of measurement that evaluates the effects of human actions on the health of all organisms, an incomplete theory of human justice is proposed. Having (...) shown that the negative GHIs of our current generation cause unfair harm to future generations, I argue that each human being must be allocated a fair threshold of negative GHIs that should not be exceeded. By emphasising the need to consider all the GHIs of human actions, the theory of human justice developed here is highly relevant to evaluate human actions that might affect future generations, for example those related to climate change. (shrink)

I argue that animals have rights in the sense of having valid claims, which might turn out to be actual rights as society advances and new scientific-technological developments facilitate finding alternative ways of satisfying our vital interests without using animals. Animals have a right to life, to liberty in the sense of freedom of movement and communication, to subsistence, to relief from suffering, and to security against attacks on their physical existence. Animals’ interest in living, freedom, subsistence, and security are (...) of vital importance to them, and they do not belong to us; they are not the things we have already possessed by virtue of our own nature. (shrink)

The author applies a feminist analysis to animal advocacy initiatives in which gendered and racialized representations of female sexuality are paramount. Feminists have criticized animal advocates for opposing the oppression of nonhuman animals through media images that perpetuate female objectification. These critiques are considered through a close examination of two prominent campaigns by PETA (People for the Ethical Treatment of Animals). The author argues that some representations of female sexuality may align with a posthumanist feminist ethic and need not be (...) read as sexist. Examining PETA’s famous anti-fur ads and the more recent Milk Gone Wild campaign, the author identifies where PETA’s campaigns are objectionable under a feminist ethic and where they are subversive of an anthropocentric and male-dominated order alike. The article thus recuperates part of PETA’s work from feminist critiques, but also reveals the constructions posthumanist advocacy should exclude to avoid elevating the status of nonhuman animals at the expense of women. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

Scholars in the field of environmental and animal ethics have propounded theories that outline what, in their view, ought to constitute an ethical relationship between humans and the environment and humans and nonhuman animals respectively. In the field of animal ethics, the contributions by Western scholars to theorize a body of animal ethics, either as an ethic in its own right or as a branch of the broader field of environmental ethics is clearly seen. Consequently, there are, notably, two main (...) schools of thought in the field of animal ethics. These are the ‘welfarist’ and the ‘rightist’ approaches (Regan, 2006; Owoseni & Olatoye, 2014). Unfortunately, a clearly concerted effort to theorize on animal ethics from an African perspective is at the minimal, although there is a lot written in African environmental ethics, broadly construed. It is within this context that this study locates an African animal ethic within the two main theories in the global animal ethics debate, using traditional Akan ontology and ethics particularly, those that speak to their relationship with the environment and, especially animals. Thus, using Akan ontological worldview and ethics as foundational sources, alongside learned principles from the emerging theories in African environmental ethics, the study seeks to find the place of Akan animal ethics within the rightist and welfarist debates. (shrink)

What is the nature of evil action? My thesis is that perpetrators and victims of evil inhabit an asymmetrical relation of power; the strength of the more powerful party lies in its ability to exploit the other’s fundamental vulnerability, and the weaker party is vulnerable precisely insofar as it is directly dependent on the more powerful party for the satisfaction of its fundamental needs. The fundamental vulnerabilities that are exploited correspond to features essential to our humanity (ontological), moral personhood (personal), (...) and individuality (characteristic). These kinds of vulnerabilities are both constituted by and engender fundamental needs and give rise to direct dependencies on others to satisfy or to refrain from interfering with the satisfaction of fundamental needs. The unambiguous exploitation by the more powerful agent on whom the vulnerable directly depend is characteristic of evil action. Although I do not claim that the exploitation of ontological, personal, and characteristic vulnerabilities necessarily results in evil, it does typify it. (shrink)

The topic of cruelty features regularly in discussions concerning animals’ moral status. Further, condemnation of cruelty to animals is virtually unanimous. As Regan points out, ‘[i]t would be difficult to find anyone who is in favour of cruelty.’ What is to count as cruelty is therefore important. My aim here is to gain a clearer understanding of one aspect of our moral landscape: cruelty to animals. I will start by analyzing the concept of cruelty in section II. In section III (...) I will examine some implications of this analysis. I will present two arguments for why we should reassess whether modern farming practices are cruel. First, farming practices have changed and our understanding of the concept of cruelty needs to change with them. Second, our application of the concept of cruelty is inconsistent: we would consider many routine practices involving farm animals to be cruel if they involved pets. This inconsistency presents a dilemma: either extending farming practices to pets would not be cruel, or continuing our current farming practices is cruel. In section IV I consider some objections. (shrink)

The much-lamented anthropocentrism of human rights is misleading. Human rights anthropocentrism is radically attenuated and reflects persistent patterns of intra- and interspecies injustice and binary subject–object relations inapt for twenty-first-century crises and posthuman complexities. This article explores the possibility of reimagining the “human” of human rights in the light of anti- and post-Cartesian analyses drawing—in particular—upon Merleau-Ponty and on new materialism. This article also seeks to reimagine human rights themselves as responsibilized, injustice-sensitive claim concepts emerging in the “midst of” lively (...) materialities and the uneven global dynamics of twenty-first-century predicaments. (shrink)

The turn of the millennium has witnessed an extraordinary paradox—one identified by Jacques Derrida as a simultaneous increase in violence against nonhuman animals and compassion toward them. This article turns to critical legal theory as well as to recent work by continental philosophers on the human/animal distinction in order to make sense of the ways the paradox manifests in law, arguing that so-called animal welfare laws that appear to be politically progressive are, in fact, iterations of the very violence they (...) purport to redress. What legislation designates as “animal” has neither language nor a recognized image, which not only renders this singular object of law voiceless but also denies that object access to any experience of death, and thus, to life. Through a deconstruction of recently enacted Japanese “animal welfare” legislation, this article proposes that the inability of the legislator to think the animal as having a relation to death belies a deeper struggle at the heart of law itself, to constitute its subjects through language. (shrink)

The large-scale, intensive production of meat and other animal products, also known as the animal-industrial complex, is our largest food system in terms of global land use and contribution to environmental degradation. Despite the environmental impact of the meat industry, in much of the policy literature on climate and environmental change, sustainability and food security, meat continues to be included as part of a sustainable food future. In this paper, I present outcomes of a discourse analysis undertaken on a selection (...) of key major international and Australian reports. After highlighting common themes in the ways that meat and animals are discussed, I draw on the animal studies literature to critically analyse the assumptions underpinning such policy documents. My analysis illustrates that animals are effectively de-animated and rendered invisible in these bodies of literature by being either aggregated—as livestock, units of production and resources, or materialised—as meat and protein. These discursive frames reflect implicit understandings of meat as necessary to human survival and animals as a natural human resource. A critical examination of these understandings illustrates their dual capacity to normalise and encourage the continuation of activities known to be seriously harming the environment, climate and human health, while at the same time obstructing and even denigrating alternative, less harmful approaches to food. In response, I offer some conceptual and analytical modifications that can be easily adopted by researchers on climate change, sustainability and food security with the aim of challenging dominant discourses on meat and animals. (shrink)

Martha Nussbaum’s capabilities approach emphasizes species-specific abilities in grounding our treatment of animals. Though this emphasis provides many action-guiding benefits, it also generates a number of complications. The criticism registered here is that Nussbaum unjustifiably restricts what is allowed into our concept of species norms, the most notable restrictions being placed on latent abilities and those that arise as a result of human intervention. These restrictions run the risk of producing inaccurate or misleading recommendations that fail to correspond to the (...) true needs of animals. Here and throughout the essay the argument draws from the lives of captive apes, especially those with extensive experience with humans. A further criticism is that the normative guidance the capabilities approach does provide is merely at the level of heuristics. Preference testing, it is argued, also uses species norms profitably as a heuristic, but it does so within a much larger and fecund system of assessing an animal’s well-being. (shrink)

Agricultural technologies are non-neutral and ethical challenges are posed by these technologies themselves. The technologies we use or endorse are embedded with values and norms and reflect the shape of our moral character. They can literally make us better or worse consumers and/or people. Looking back, when the world’s developed nations welcomed and steadily embraced industrialization as the dominant paradigm for agriculture a half century or so ago, they inadvertently championed a philosophy of technology that promotes an insular human-centricism, despite (...) its laudable intent to ensure food security and advance human flourishing. The dominant philosophy of technology has also seeded particular ethical consequences that plague the well-being of human beings, the planet, and farmed animals. After revisiting some fundamental questions regarding the complex ways in which technology as agent shapes our lives and choices and relegates food and farmed constituents into technological artifacts or commodities, I argue that we should accord an environmental virtue ethic of care—understood as caretaking—a central place in developing a more conscientious philosophy of technology that aims at sustainability, fairness, and humaneness in animal agriculture. While technology shapes society, it also is socially shaped and an environmental virtue ethic of care (EVEC) as an alternative design philosophy has the tools to help us take a much overdue inventory of ourselves and our relationships with the nonhuman world. It can help us to expose the ways in which technology hinders critical reflection of its capacity to alter communities and values, to come to terms with why we may be, in general, disengaged from critical ethical analysis of contemporary agriculture and to consider the moral shape and trajectory and the sustainability of our food production systems going into the future. I end by outlining particular virtues associated with the ethic of care discussed here and consider some likely implications for consumers and industry technocrats as they relate to farming animals. (shrink)

Political respect for nature is an important part of cultivating a more emancipatory and ecologically sustainable politics. As a political principle, it can supplement respect for persons with institutional mechanisms that formally constrain how human power may be exercised over non-human beings and things and that require us to use our power in ways that are attentive to nature’s well-being along with our own. Moreover, when internalized by citizens as part of their shared political ethos and public culture, respect for (...) nature has the potential to protect against the abuse of power in our interpersonal relations with Earth’s non-human parts. Political respect for nature means acknowledging that non-human beings and things count, that they deserve to be treated according to standards of right and that there are principled limits to how human power may be exercised over them. It means formalizing these constraints in the basic structure of society and fostering a public culture of self-restraint and responsiveness. (shrink)

In this paper, we present and defend the theoretical framework of an empirical model to describe people’s fundamental moral attitudes (FMAs) to animals, the stratification of FMAs in society and the role of FMAs in judgment on the culling of healthy animals in an animal disease epidemic. We used philosophical animal ethics theories to understand the moral basis of FMA convictions. Moreover, these theories provide us with a moral language for communication between animal ethics, FMAs, and public debates. We defend (...) that FMA is a two-layered concept. The first layer consists of deeply felt convictions about animals. The second layer consists of convictions derived from the first layer to serve as arguments in a debate on animal issues. In a debate, the latter convictions are variable, depending on the animal issue in a specific context, time, and place. This variability facilitates finding common ground in an animal issue between actors with opposing convictions. (shrink)

Despite achieving broad acceptance of the moral case for treating animals fairly, the animal rights movement has reached an impasse concerning legal rights for animals. Zoopolis proposes a new approach to addressing this failure: integrating animal interests into human society via political institutions and practices. Zoopolis’s central theory that humans owe animals citizenship rights in a shared human-animal society, but that acceptance of responsibilities by animals also is required, has merit for the advancement of animal rights discourse. But its anthropocentric (...) approach, which itself exerts power over animals, necessitating suppression and policing of animals’ natural behavior, is problematic. (shrink)

the term as used by sunstein seeks to bring together various traditions. however, there are significant differences between uses of the term in the cognitive and the social psychological research, and these differences are accompanied by very distinct evidential criteria. we suggest the term should refer to processes, which means that further evidence is required.

Societal aging raises challenging ethical questions regarding the just distribution of health care between young and old. This article considers a proposal for age-based rationing of health care, which is based on the prudential life span account of justice between age groups. While important objections have been raised against the prudential life span account, it continues to dominate scholarly debates. This article introduces a new objection, one that develops out of the well-established disability critique of social contract theories. I show (...) the implications of this critique for the prudential life span account and for the special case of age-group justice. The result is that age-based rationing based on the prudential life span approach is not supported, and that the prudential life span approach itself is not the best way to think about allocating health care between age groups. I propose an alternative approach that avoids the disability objection, and consider its implications for specific proposals for age-based rationing of health care. (shrink)

Given the existence of “marginal human cases”, it is often argued that we must either acknowledge that some human beings have less moral status than some non-human animals, or commit to the idea that moral status is held by humans qua human. In this paper, the moves available on both sides are shown to be unsatisfactory, and an argument for moral status that avoids both of the standard positions is suggested. Ultimately, it is argued that the discussion of moral status (...) is confused when marginal human cases are seen as posing a unique, rather than a general, theoretical problem. (shrink)