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)

This article suggests that humanism is a decisionism in contemporary critical political theory. Despite obvious and multiple differences, leading critical theorists like Giorgio Agamben, Slavoj Žižek, Eric Santner, and Jürgen Habermas, among others, share an investment in stabilizing the human being as a ground of the political. This stabilization of the human should concern political theorists, as this article argues, because it uncritically reproduces conceptual affinities between the notion of the human being and sovereign authority. By investing in the stability (...) and centrality of the human being, these theorists perform what will be called, paraphrasing an often neglected argument by Carl Schmitt, a decision to be human. Contrary to conventional wisdom, I argue that Schmitt’s decisionism is not merely circumscribed to sovereignty’s juridico-political dimension, but that it also includes a peculiar commitment to God’s decision to become human in Christ. Against this decisionism as humanism, the article draws on Walter Benjamin, Roberto Esposito, and Jacques Derrida to propose an alternative politics that destabilizes humanity and sovereignty through the emergence of the animal, or what will be called melancholic lycanthropy. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a (...) theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Scientists have long counseled against interpreting animal behavior in terms of human emotions, warning that such anthropomorphizing limits our ability to understand animals as they really are. Yet what are we to make of a female gorilla in a German zoo who spent days mourning the death of her baby? Or a wild female elephant who cared for a younger one after she was injured by a rambunctious teenage male? Or a rat who refused to push a lever for food (...) when he saw that doing so caused another rat to be shocked? Aren’t these clear signs that animals have recognizable emotions and moral intelligence? With _Wild Justice_ Marc Bekoff and Jessica Pierce unequivocally answer yes. Marrying years of behavioral and cognitive research with compelling and moving anecdotes, Bekoff and Pierce reveal that animals exhibit a broad repertoire of moral behaviors, including fairness, empathy, trust, and reciprocity. Underlying these behaviors is a complex and nuanced range of emotions, backed by a high degree of intelligence and surprising behavioral flexibility. Animals, in short, are incredibly adept social beings, relying on rules of conduct to navigate intricate social networks that are essential to their survival. Ultimately, Bekoff and Pierce draw the astonishing conclusion that there is no moral gap between humans and other species: morality is an evolved trait that we unquestionably share with other social mammals. Sure to be controversial, _Wild Justice_ offers not just cutting-edge science, but a provocative call to rethink our relationship with—and our responsibilities toward—our fellow animals. (shrink)

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 (...) de-animalized is to be treated not as a living being who is sustained by its mutual relations with other living and nonliving beings, but rather as a thing to be warehoused and/or exchanged for a profit. The violence of de-animalization affects both human and nonhuman animals held in control prisons, factory farms, laboratories and other sites of intensive confinement. In order to make the connections between these sites, and to develop forms of solidarity appropriate to our shared animality, we need a post-humanist critique of intensive confinement that breaks with the logic of opposition between human and animal, and articulates our constitutive relationality as (inter)corporeal beings. (shrink)

“Humanism” is a term that has designated a remarkably disparate set of ideologies. Nonetheless, strains of religious, secular, existential, and Marxist humanism have tended to circumscribe the category of the human with reference to the themes of reason, autonomy, judgment, and freedom. This essay examines the emergence of a new humanistic discourse in feminist theory, one that instead finds its provocation in the unwilled passivity and vulnerability of the human body, and in the vulnerability of the human body to suffering (...) and violence. Grounded in a descriptive ontology that privileges figures such as exposure, dispossession, vulnerability, and “precariousness,” this new humanism is a corporeal humanism. This essay probes both the promise and the limitations of this emergent humanism with particular reference to recent work by feminist philosophers Judith Butler and Adriana Cavarero. (shrink)

Many people believe that all human life is of equal value. Most of them also believe that all human beings have a moral status superior to that of nonhuman animals. But how are these beliefs to be defended? The mere difference of species cannot in itself determine moral status. The most obvious candidate for regarding human beings as having a higher moral status than animals is the superior cognitive capacity of humans. People with profound mental retardation pose a problem for (...) this set of beliefs, because their cognitive capacities are not superior to those of many animals. I argue that we should drop the belief in the equal value of human life, replacing it with a graduated view that applies to animals as well as to humans. (shrink)

This Article presents a new paradigm, premised on the equal protection principle, for the legal regulation of domestic animals: Equal Protection of Animals (EPA). EPA combines the insights of vulnerability theorists with the equal protection principle and capability theory, to create a mechanism for recognizing the equal claims of human and nonhuman animals to protections against suffering. Under such an approach, domestic animals, like humans, have claims to sufficient food, hydration, and shelter; bodily integrity (including avoiding pain); companionship; and the (...) ability to exercise and to engage in natural behaviors. Existing animal welfare and anti-cruelty laws, despite their stated purposes, fail to adequately protect animals. This Article identifies the ontology of the problem as interest-convergence, famously described by Derrick Bell in the desegregation context. The privileged (humans in this case) protect the disadvantaged (animals) only when their interests align. Because humans profit economically and socially from the exploitation of animals, interests often diverge. When this divergence occurs, all protections for animals are placed in jeopardy. Unlike protections for other disadvantaged groups, there is no constitutional or other legal floor guarding the basic liberties of animals. Interest converge results in what I term “legal gerrymandering for human use,” or the redrawing of the natural baseline of protections for animals, to further human use of animals. In addition to undermining fundamental protections for animals against abuse and suffering, legal gerrymandering creates inconsistencies that violate legal norms of precedent and procedure. Specifically, I address differential treatment of animals of the same legal and species classes as well as different treatment of scientific evidence in the animal law as opposed to other legal contexts. While some scholars seek to address the problem of inadequate animal protections, their proposals - treating animals as legal persons or quasi property - suffer two shortcomings. First, under traditional rights- and interests- based reforms, strong human rights or interests in using animals will always trump animal rights or interests, even with regard to avoiding some types of suffering. Second, existing scholarship is entrenched in a paralyzing debate about whether categorizing animals as “persons” instead of “property” will improve their legal protections. EPA does not have these limitations. EPA seeks to maximize the basic capabilities of human and nonhuman animals within the same population, addressing the hierarchy problem. Human claims to maximize basic capabilities cannot be valued above nonhuman animal claims for the same. Further, EPA directly considers animal capacities without regard to category; there is no need to categorize animals as persons or as a special form of property. (shrink)

More than twenty years after its original publication, The Case for Animal Rights is an acknowledged classic of moral philosophy, and its author is recognized as the intellectual leader of the animal rights movement. In a new and fully considered preface, Regan responds to his critics and defends the book's revolutionary position.

It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

How much do animals matter--morally? Can we keep considering them as second class beings, to be used merely for our benefit? Or, should we offer them some form of moral egalitarianism? Inserting itself into the passionate debate over animal rights, this fascinating, provocative work by renowned scholar Paola Cavalieri advances a radical proposal: that we extend basic human rights to the nonhuman animals we currently treat as "things." Cavalieri first goes back in time, tracing the roots of the debate from (...) the 1970s, then explores not only the ethical but also the scientific viewpoints, examining the debate's precedents in mainstream Western philosophy. She considers the main proposals of reform that recently have been advanced within the framework of today's prevailing ethical perspectives. Are these proposals satisfying? Cavalieri says no, claiming that it is necessary to go beyond the traditional opposition between utilitarianism and Kantianism and focus on the question of fundamental moral protection. In the case of human beings, such protection is granted within the widely shared moral doctrine of universal human rights' theory. Cavalieri argues that if we examine closely this theory, we will discover that its very logic extends to nonhuman animals as beings who are owed basic moral and legal rights and that, as a result, human rights are not human after all. (shrink)

There is quite a long-standing tradition according to which the morally proper treatment of animals does not rely on what we owe them, but on our benevolence. Nussbaum wishes to go beyond this tradition, because in her view we are dealing with issues of justice. Her capabilities approach secures basic entitlements for animals, on the basis of their fundamental capacities. At the same time Nussbaum wishes to retain the possibility of certain human uses of animals, and to see them as (...) morally justifiable. This article shows that these things do not go together with her capabilities approach to animal rights. More specifically, they clash with the attitude towards animals that Nussbaum's approach intends to foster in human beings. (shrink)

Dignity plays a central role in current thinking about law and human rights, but there is sharp disagreement about its meaning. Combining conceptual precision with a broad historical background, Michael Rosen puts these controversies in context and offers a novel, constructive proposal. “Penetrating and sprightly...Rosen rightly emphasizes the centrality of Catholicism in the modern history of human dignity. His command of the history is impressive...Rosen is a wonderful guide to the recent German constitutional thinking about human dignity...[Rosen] is in general (...) an urbane and witty companion, achieving his aim of accessibly written philosophy.” —Samuel Moyn, The Nation “[An] elegant, interesting and lucid exploration of the concept of dignity...Drawing on classical, liberal and Catholic traditions, Rosen hopes to rehabilitate dignity to its rightful place near the centre of moral thought...Rosen's admirable book deserves wide attention from political theorists, jurisprudes and political philosophers.” —Simon Blackburn, Times Higher Education “Dignity deserves to be widely read, not only for its intrinsic interest, but also as a corrective to the habit of discussing such topics in abstraction from their social context. Whether or not one agrees with Rosen's arguments, there can be no doubt he has widened our horizons.” —Rae Langton, Times Literary Supplement. (shrink)

Name any valued human trait—intelligence, wit, charm, grace, strength—and you will find an inexhaustible variety and complexity in its expression among individuals. Yet we insist that such diversity does not provide grounds for differential treatment at the most basic level. Whatever merit, blame, praise, love, or hate we receive as beings with a particular past and a particular constitution, we are always and everywhere due equal respect merely as persons. -/- But why? Most who attempt to answer this question appeal (...) to the idea that all human beings possess an intrinsic dignity and worth—grounded in our capacities, for example, to reason, reflect, or love—that raises us up in the order of nature. Andrea Sangiovanni rejects this predominant view and offers a radical alternative. -/- To understand our commitment to basic equality, Humanity without Dignity argues that we must begin with a consideration not of equality but of inequality. Rather than search for a chimerical value-bestowing capacity possessed to an equal extent by each one of us, we ought to ask: Why and when is it wrong to treat others as inferior? Sangiovanni comes to the conclusion that our commitment to moral equality is best explained by a rejection of cruelty rather than a celebration of rational capacity. He traces the impact of this fundamental shift for our understanding of human rights and the norms of anti-discrimination that underlie it. (shrink)

The word ‘dignity’ may be used in a presentational sense, for example, one might say “she presents herself with dignity”, or in a social sense, for example, one might say “she fulfilled her duty with dignity, or honour.” However, in this paper I will not be using ‘dignity’ in either of these senses. Rather, the sense of dignity I will be concerned with is one that is related to ideas about the value or worth of a being. This latter sense (...) of dignity has a long history, and tends to be a concept that is thought to be applicable to human animals only, and more specifically to human persons—moral agents, capable of rationality, of directing their own lives, and of formulating... (shrink)

Although the idea of dignity has always been applied to human beings and although its role is far from being uncontroversial, some recent works in animal ethics have tried to apply the idea of dignity to animals. The aim of this paper is to discuss critically whether these attempts are convincing and sensible. In order to assess these proposals, I put forward two formal conditions that any conception of dignity must meet and outline three main approaches which might justify the (...) application of dignity to animals: the species-based approach, moral individualism and the relational approach. Discussing in particular works by Martha Nussbaum and Michael Meyer I argue that no approach can convincingly justify the extension of dignity to animals because all fail to meet the formal conditions and do not provide an appropriate basis for animal dignity. I conclude by arguing that the recognition of the moral importance of animals and their defense should appeal to other normative concepts which are more appropriate than dignity. (shrink)

Engaging with the work of Freud, Heidegger, Wittgenstein, and Derrida, this book reconceptualises the language divide between humans and animals within the context of animal ethics.

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human rights through the mediating role of the (...) concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (shrink)

Developments in fields as diverse as biotechnology, animal cognition, and computer science have cast serious doubt on the common belief that human beings are unique and that only they should have dignity and basic rights. A movement referred to as ‘new dignitarianism’ has recently reclaimed human dignity to fend off the threats to human uniqueness that it perceives to arise from these developments. This ‘new’ dignitarianism, however, is not new at all. Drawing on a debate between two Enlightenment philosophers, this (...) article shows that dignitarianism has already surfaced in the eighteenth century as the negative image of another movement: naturalism. Building on this historical account, I propose to understand dignitarianism and naturalism as opposing ideal-types on a normative spectrum. Doing so allows us to see a thus-far neglected problem, which I call the Zero-Sum Problem: any gains a concrete theory makes by approximating one ideal-type, it loses by moving away from the other. I end by showing how accepting this fact is a first step to more practically viable theories that attempt to find a middle ground between the two ideal-types. (shrink)

This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.

The excessive faith liberal theorists have had in the power of rights and rights discourse can have deleterious consequences for children. As vulnerable and dependent beings, children need to be nurtured with love and affection in a setting in which intimate relationships between parents and children can flourish. A rights‐based discourse is conceptually ill‐equipped to accommodate the importance of establishing and supporting caring relationships. An ethic of care, emphasizing responsibilities over rights, provides a better way of conceptualizing and responding to (...) the interests of children than thinking of children as proto‐adults with rights especially that to autonomy. (shrink)

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, social deprivation as a persisting lack of minimally (...) adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long-term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio-economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered. (shrink)

Kateb asserts that the defense of universal human rights requires two indispensable components: morality and human dignity. For Kateb, morality and justice have sound theoretical underpinnings; human dignity, by virtue of its “existential” quality, lacks its own theoretical framework. This he proceeds to establish with a critique of the writings of canonical Western political philosophers and contemporary thinkers like Peter Singer and Thomas Nagel. The author argues that while morality compels just governments to prevent, reduce, or eliminate human suffering inasmuch (...) as it is possible, people possess and are entitled to dignity by mere virtue of their “status” as human beings. Homo sapiens, he maintains, have a “stature,” manifest in the species's “great achievements,” that exceeds that of other creatures, even in the secular cosmos. (shrink)

In this engaging APSA address, Jacques Maritain outlines the essential relationship between Christianity and democracy. In Maritain's view, it is the Gospel or the Christian leaven which has awakened the secular, temporal consciousness to supreme moral principles and the real content of democracy understood as the earthly pursuit of Gospel truths conceming the transcendent origins and destiny of man and society. Christianity teaches the inalienable dignity of every human being fashioned in the image of God, the inviolability of conscience, the (...) unity of the human race, the natural equality of all men, children of the same God and redeemed by the same Christ, the dignity of labor and the dignity of the poor, the primacy of inner values and good will over external values, universal brotherhood, love, and justbe. Maritain distinguishes between the procedural aspects and the substantive content of democracy, but anchors the Gospel vision in the free exercise of rational and moral faculties as key to democratic self-government. He cautions that without a superior moral law by virtue of which men are bound in conscience toward what is just and good, the rule of the majority runs the risk of being raised to the supreme rule of good and evil, and democracy is liable to tum to totalitahanism, that is, to self-destruction. Maritain concludes that what has been gained for the secular consciousness, if it does not veer to barbarism, is the sense of freedom consonant with the vocation of our nature. (shrink)

Interspecies Ethics explores animals' vast capacity for agency, justice, solidarity, humor, and communication across species. The social bonds diverse animals form provide a remarkable model for communitarian justice and cosmopolitan peace, challenging the human exceptionalism that drives modern moral theory. Situating biosocial ethics firmly within coevolutionary processes, this volume has profound implications for work in social and political thought, contemporary pragmatism, Africana thought, and continental philosophy. Interspecies Ethics develops a communitarian model for multispecies ethics, rebalancing the overemphasis on competition in (...) the original Darwinian paradigm by drawing out and stressing the cooperationist aspects of evolutionary theory through mutual aid. The book's ethical vision offers an alternative to utilitarian, deontological, and virtue ethics, building its argument through rich anecdotes and clear explanations of recent scientific discoveries regarding animals and their agency. Geared toward a general as well as a philosophical audience, the text illuminates a variety of theories and contrasting approaches, tracing the contours of a postmoral ethics. (shrink)

In _Beyond Animal Rights_, Josephine Donovan and Carol J. Adams introduced feminist "ethic of care" theory into philosophical discussions of the treatment of animals. In this new volume, seven essays from _Beyond Animal Rights_ are joined by nine new articles-most of which were written in response to that book-and a new introduction that situates feminist animal care theory within feminist theory and the larger debate over animal rights. Contributors critique theorists' reliance on natural rights doctrine and utilitarianism, which, they suggest, (...) have a masculine bias. They argue for ethical attentiveness and sympathy in our relationships with animals and propose a link between the continuing subjugation of women and the human domination of nature. Beginning with the earliest articulation of the idea in the mid-1980s and continuing to the theory's most recent revisions, this volume presents the most complete portrait of the evolution of the feminist-care tradition. (shrink)

: This essay concerns the dignity of nonhuman animals. It is composed of three sections. The first recounts my experience of a Moscow Circus performance and records some of my thoughts, feelings, and observations of this circus' famous bears. As is obvious from that account, the performance and presentation of the bears seemed to me to be undignified in a nontrivial, that is, morally objectionable sense of the word. The second section of the essay tries to specify that sense, to (...) identify the wrong(s) with these sorts of undignified performances, by developing a moral sense of dignity that might extend, generally, to nonhuman animals. I believe that the setting of this performance and my own frame of mind—the fact that it took place in Moscow and in the midst of my exposure to sites and stories of communist oppression—helped me to see the oppression of human and nonhuman animals as linked and the performance as a performance of power relations. The third section of the essay explores these power relations from an ecofeminist perspective through the circus' depiction of the 'momma bear.'. (shrink)

C endorses the doctrine of Composition as Identity, which holds that a composite object is identical to its many parts, and entails that one object can be identical to several others. In this dialogue, N argues that many‐one identity, and thus composition as identity, is conceptually confused. In particular, N claims it violates two conceptual truths: that existence facts fix identity facts, and that identity is no addition to being. In response to pressure from C, N considers several candidate interpretations (...) of the first slogan. Each interpretation imagines God issuing a divine existential decree that counts as ‘fixing the existence facts’, and then considers what questions about identity are left open by it. N eventually hits on an appealing interpretation of the slogan that C can neither undermine nor accommodate, and uses it to interpret the second slogan as well. (shrink)

This essay concerns the dignity of nonhuman animals. It is composed of three sections. The first recounts my experience of a Moscow Circus performance and records some of my thoughts, feelings, and observations of this circus' famous bears. As is obvious from that account, the performance and presentation of the bears seemed to me to be undignified in a nontrivial, that is, morally objectionable sense of the word. The second section of the essay tries to specify that sense, to identify (...) the wrong(s) with these sorts of undignified performances, by developing a moral sense of dignity that might extend, generally, to nonhuman animals. I believe that the setting of this performance and my own frame of mind—the fact that it took place in Moscow and in the midst of my exposure to sites and stories of communist oppression—helped me to see the oppression of human and nonhuman animals as linked and the performance as a performance of power relations. The third section of the essay explores these power relations from an ecofeminist perspective through the circus' depiction of the 'momma bear.'. (shrink)

This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to intractable (...) conflicts between rights, but to a more inclusive, fair and rationally defensible normative enterprise. (shrink)