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)

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural harm and institutional (...) oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This (...) article maintains that a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

Daniel Bell and Wang Pei’s recent monograph, Just Hierarchy, seeks to defend hierarchical relationships against more egalitarian alternatives. This paper addresses their argument, offered in one chapter of the book, in favour of a hierarchical relationship between human and nonhuman animals. This relationship, Bell and Pei argue, should conform to what they call “subordination without cruelty:” it is permissible to subordinate and exploit animals for human ends, provided that we do not treat them cruelly. We focus on three aspects (...) of their view: their argument for a hierarchical view; their understanding of cruelty; and their account of the heightened duties they claim we owe to nonhuman animals who are intelligent, domesticated, and/or “cute.” We argue that the reasons that Bell and Pei offer fail to support their conclusions, and that, even if one accepts a hierarchical view, the conclusions that Bell and Pei draw about the permissibility of practices such as killing animals for food do not follow. We conclude by emphasizing philosophers’ responsibility to thoroughly test their arguments and to engage with existing debates, especially when the practices they seek to justify involve harms of great magnitude. (shrink)

The following article begins with my recollection of the only academic conference on Zdziechowski that was organised still under the communist regime in the autumn of 1984 at the Jagiellonian University and ends with a description of the discussion on the genesis and power of evil, with the participation of Czesław Miłosz and Leszek Kołakowski, which was triggered in Poland immediately after the publication of the last edition of On Cruelty in 1993. On Cruelty was first published in (...) 1928 in the journal Przegla̧d Współczesny [Contemporary Review] in Krakow, a second time in 1938 in the volume of articles In the Face of the End, Krakow 1938, and a third – and so far last – time also in Krakow in 1993. On Cruelty, published three times but so far only in Polish, has never been thoroughly analysed or even discussed, which is why this article focuses on discussing it and related questions about the origins and nature of evil, mainly in Europe and Asia, from the earliest times to the present. Zdziechowski was particularly outraged when the cruelty he condemned was justified by religion, especially Christianity (Catholic and Protestant). From these condemnations, he described the activities of the Inquisition, the witch trials, cruelty to animals, and – in the introduction – the “psychology of cruelty.” At the same time, however, he meticulously listed the names of those political and spiritual leaders in Europe and Asia, theologians and thinkers, who, over many centuries, up to the present day, have resolutely spoken out against evil, including cruelty, within and outside the Church. A separate and important issue is Zdziechowski’s attitude to Tsarist Russia and Bolshevism, as outlined in his work On Cruelty. On the one hand, he pointed out that at least two rulers of Russia before 1917 – Ivan the Terrible and Peter the Great – had made major contributions to the history of cruelty in Europe and Asia. But Bolshevism, which Zdziechowski condemned in the strongest terms, was in his eyes not a continuation of pre-1917 Russian despotism, but emanated from the depths of Asia. (shrink)

The history of the regulation of animal research is essentially the history of the emergence of meaningful social ethics for animals in society. Initially, animal ethics concerned itself solely with cruelty, but this was seen as inadequate to late 20th-century concerns about animal use. The new social ethic for animals was quite different, and its conceptual bases are explored in this paper. The Animal Welfare Act of 1966 represented a very minimal and in many ways (...) incoherent attempt to regulate animal research, and is far from morally adequate. The 1985 amendments did much to render coherent the ethic for laboratory animals, but these standards were still inadequate in many ways, as enumerated here. The philosophy underlying these laws is explained, their main provisions are explored, and future directions that could move the ethic forward and further rationalize the laws are sketched. (shrink)

The way that nonhuman animals and other nonhuman sentient beings are portrayed in the Christian-based Harry Potter series, C. S. Lewis's Narnia series, and Tolkien's Middle Earth stories is discussed from a Christian animal liberationist perspective.Middle Earth comes closest to a liberationist ideal, in that vegetarianism is connected with themes of power, healing, and spirituality. Narnia could be described as a more enlightened welfarist society where extremes of animal cruelty are frowned upon, but use of animals for (...) food is acceptable. In contrast, the more recent Harry Potter series portrays a less enlightened attitude toward human and nonhuman animals. Animals are treated merely as ends, vegetarianism is unheard of, and the view that even iconic species have intrinsic worth is ridiculed. (shrink)

1. Animal Cruelty Industrial farming is appallingly abusive to animals. Pigs. In America, nine-tenths of pregnant sows live in “gestation crates. ” These pens are so small that the animals can barely move. When the sows are first crated, they may flail around, in an attempt to get out. But soon they give up. Crated pigs often show signs of depression: they engage meaningless, repetitive behavior, like chewing the air or biting the bars of the stall. The sows (...) live like this for four months. Gestation crates will be phased out in Europe by the end of 2012, but they will still be used in America.1 In nature, pigs nurse their young for about thirteen weeks. But in industrial farms, piglets are taken from their mothers after about ten days. Because the piglets are weaned prematurely, they develop a lifelong craving to suck and chew. But the farmers don’t want them sucking and chewing on other pigs’ tails. So the growers routinely snip off the tails of all their pigs. They do this with a pair of pliers and no anesthetic. However, the whole tail is not removed; a tender stump remains. The point is to render the area sensitive, so the pigs being chewed on will fight back. Which they do.2 Over 113 million pigs are slaughtered each year in America.3 Typically, these pigs are castrated, their needle teeth are clipped, and one of their ears is notched for identification —all without pain relief.4 In nature, pigs spend up to three quarters of their waking hours foraging and exploring their environment.5 But in the factory farms, “tens of thousands of hogs spend their entire lives ignorant of earth or straw or sunshine, crowded together beneath a metal roof standing on metal slats suspended over a septic tank. ”6 Bored, and in constant pain, the pigs must perpetually inhale the fumes of their own waste. These pigs often get sick, and their ill health is exacerbated by the overcrowding. In 2000, the U.S. Department of Agriculture compared hog farms containing over 10,000 pigs—which is the norm—with farms containing under 2,000 pigs. (shrink)

Many philosophers have objected to Kant’s account of duties regarding non-human nature, arguing that it does not ground adequate moral concern for non-human natural entities. However, the traditional interpretation of Kant on this issue is mistaken, because it takes him to be arguing merely that humans should abstain from animal cruelty and wanton destruction of flora solely because such actions could make one more likely to violate one’s duties to human beings. Instead, I argue, Kant’s account of duties (...) regarding nature grounds much stronger limitations on how humans may treat non-human animals and flora, since such duties are rooted in the imperfect duty to increase one’s own moral perfection. This duty proscribes actions affecting non-human nature that decrease one’s moral perfection, such as those that cause organisms unnecessary harm. Moreover, the duty to moral perfection prescribes (but does not strictly require) actions affecting non-human nature that increase one’s moral perfection, such as those that benefit organisms. Given this interpretation, I show that, contrary to a widely held view, Kant’s moral philosophy can ground a coherent and robust approach to environmental ethics. (shrink)

Cruelty and morality seem like polar opposites – until they join forces. Beware those who persecute in the name of principle... -/- Following in the steps of Michel de Montaigne, the distinguished political philosopher Judith Shklar has argued that cruelty should be considered the supreme evil and that we should put it first among the vices. The essence of cruelty is to wilfully and needlessly inflict pain and suffering on another creature – be it an animal (...) or a human being. Closely related to this vice are malice and sadism, both of which involve taking pleasure or delight in the suffering of others. Although cruelty might not be peculiar to human beings, it is a familiar and pronounced feature of human nature and social life. One important feature of human cruelty is the way that it varies, both with respect to its instruments and when it is occasioned, depending on our particular cultural and social circumstances. With this in mind, we can ask: what is the relationship between cruelty and morality? -/- . (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)

The project of growing meat artificially represents for some the next best thing to humanity. If successful, it could be the solution to several problems, such as feed- ing a growing global population while reducing the environmental impact of raising animals for food and, of course, reducing the amount and degree of animal cruelty and suffering that is involved in animal farming. In this paper, I argue that the issue of the morality of such a project has (...) been framed only in terms of the best conse- quences for the environment, animals, and humans, or in terms of deontic princi- ples. I argue that to appreciate how deep and difficult this issue is, it is necessary to consider it in terms of a virtue-oriented approach. Such an approach will reveal aspects that are not apparent, not contemplated by typical approaches, but are essen- tial to our understanding of the morality of lab-grown meat. As I argue, evaluating the issue from a virtue-oriented perspective suggests that the project of in vitro meat should not be supported because it stems from unvirtuous motivations. (shrink)

Many approaches have been taken regarding this topic, some of them are anthropological or scientific that pursue the understanding of why we eat meat, but from the philosophical lens this question is solved in the field of applied ethics, which is the area that debate about the moral status of animals (nonhuman animals) and where different theorizations that tried to explain the relationship between animals and humans and the examination of the morality of meat consumption take place. Some of these (...) approaches could be find within the concepts of animal rights, vegetarianism, animal cruelty and so on. (shrink)

Timothy Hsiao argues that animals lack moral status because they lack the capacity for the sort of higher-level rationality required for membership in the moral community. Stijn Bruers and László Erdős have already raised a number of objections to this argument, to which Hsiao has replied with some success. But I think a stronger critique can be made. Here I raise further objections to three aspects of Hsiao's view: his conception of the moral community, his idea of root capacities grounded (...) in one's nature, and his explanation of why cruelty is wrong. I also argue that sentience is a more plausible candidate for the morally salient capacity than rationality. (shrink)

Factory farming continues to grow around the world as a low-cost way of producing animal products for human consumption. However, many of the practices associated with intensive animal farming have been criticized by public health professionals and animal welfare advocates. The aim of this essay is to raise three independent moral concerns with factory farming, and to explain why the practices associated with factory farming flourish despite the cruelty inflicted on animals and the public health risks (...) imposed on people. I conclude that the costs of factory farming as it is currently practiced far outweigh the benefits, and offer a few suggestions for how to improve the situation for animals and people. (shrink)

Narrowly understood, veganism is the practice of excluding all animal products from one’s diet, with the exception of human milk. More broadly, veganism is not only a food ethics, but it encompasses all other areas of life. As defined by the Vegan Society when it became an established charity in the UK in 1979, veganism is best understood as “a philosophy and way of living which seeks to exclude – as far as is possible and practicable – all forms (...) of exploitation of, and cruelty to, animals for food, clothing or any other purpose; and by extension, promotes the development and use of animal-free alternatives for the benefit of humans, animals and the environment”. There are two main moral justifications for veganism, both of which rely on a common assumption: that sentience, i.e., the capacity to feel pleasure and pain, is the necessary and sufficient trait to be morally considerable. In what follows, I present these two justifications and a third one which, although less popular, captures some core intuitions among vegans. I then present a challenge faced by veganism and two arguments that reject it as discriminatory, and briefly conclude. (shrink)

Beyond the eras a dialogue seems to have been established between Bruegel the Elder (1525-1569) and Antonin Artaud (1896-1948). The poet’s wonder at the « painting of the North », both realistic and emblematic, reveals his deepest ideal as an artist : painting, a « magical » operation, deploys a power of expression based on signs and no longer on words, which the theatre is also called upon to seize. The juxtaposition of Bruegel’s Triumph of Death and a famous drawing (...) by Artaud, Le Théâtre de la cruauté [The Theatre of Cruelty], highlights the striking convergences between the two artists. Through their pictorial works, both of them renew over the centuries the funerary and mythical symbolism of death, inherited from the macabre scenes of medieval paintings, but also from ancient times. Studying the references to theatrical iconography in Bruegel’s painting, where carnival and crudity of death reinforce each other, allows us to deepen the meaning of these resonances. For the two artists, form and poetic momentum meet so that representation, as a structure common to painting and theatre, fixes a moment of the world, while animating that moment to infinity, thanks to signs conceived as « true hieroglyphs » (Artaud), a problem that Michel Foucault associated with the strongest truth that the experience of madness carries. (shrink)

This is the first Italian translation of Bentham’s “Deontology”. The translation goes with a rather extended apparatus meant to provide the reader with some information on Bentham’s ethical theory's own context. Some room is made for so-called forerunners of Utilitarianism, from the consequentialist-voluntarist theology of Leibniz, Malebranche, John Gay, Thomas Brown and William Paley to Locke and Hartley's incompatible associationist theories. After the theoretical context, also the real-world context is documented, from Bentham’s campaigns against the oppression of women and (...) class='Hi'>cruelty to animals to his projects of political reform. Another section illustrates the ideas of Bentham's followers as well as the objections raised by nineteenth- and twentieth-century critics of utilitarianism. -/- Table of contents I. BEFORE THE TEXT 1. Bentham’s legacy 2. Bentham the Reformer 3. Bentham and the enlightenment project of a reformed morality 4. The principle of utility 5. Deontology or private morality 6. Utilitarianism as «eudemonologism» -/- II. TEXT Deontology I. Deontology: theoretical II. Deontology: practical III. -/- III. CO-TEXT 1. Biography 2. The reform of legislation 3. The Philosophic Radicals between the French revolution and the Industrial revolution -/- IV. CONTEXT 1. Forerunners of Utilitarianism 2. Psychological associationism 3. The oppression of women 4. Cruelty against animals 5. Parsimony and industry in Hogarth’s prints 6. Followers 6.1. John Stuart Mill 6.2. Henry Sidgwick 7. Critics 7.1. Romantic, conservative, and Christian critics 7.2. Socialist critics 8. Consequences: neo-utilitarianism 9. Consequences: critics of utilitarianism 9.1. Deontological critics 9.2. Perfectionists critics 9.3. Sceptical critics 10. Bentham’s legacy for contemporary ethics, by Bikhu Parekh Bibliography Lexicon Index of names and concepts -/- READER'S GUIDE . (shrink)

This is not a perfect book, but it is unique, and if you skim the first 400 or so pages, the last 300 (of some 700) are a pretty good attempt to apply what's known about behavior to social changes in violence and manners over time. The basic topic is: how does our genetics control and limit social change? Surprisingly he fails to describe the nature of kin selection (inclusive fitness) which explains much of animal and human social life. (...) He also (like nearly everyone) lacks a clear framework for describing the logical structure of rationality (LSR—John Searle’s preferred term) which I prefer to call the Descriptive Psychology of Higher Order Thought (DPHOT). He should have said something about the many other ways of abusing and exploiting people and the planet, since these are now so much more severe as to render other forms of violence irrelevant. Extending the concept of violence to include the global long term consequences of replication of someone’s genes, and having a grasp of the nature of how evolution works (i.e., kin selection) will provide a very different perspective on history, current events, and how things are likely to go in the next few hundred years. One might start by noting that the decrease in physical violence over history has been matched (and made possible) by the constantly increasing merciless rape of the planet (i.e., by people's destruction of their own descendants future). Pinker (like most people most of the time) is often distracted by the superficialities of culture when it’s biology that matters. See my recent reviews of Wilson’s ‘The Social Conquest of Earth’ and Nowak and Highfield’s ‘SuperCooperators’ for a brief summary of the vacuity of altruism and the operation of kin selection and the uselessness and superficiality of describing behavior in cultural terms. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

The paper presents a cognitive, educational and philosophical strategy, sometimes called reconstructionism (as it denotes e orts to reconstruct knowledge and science), proposed by a number of Muslim authors as a proper reaction to modern science. The pre‐modern background for this reaction is highlighted. Two examples are given: the Islamic science idea by Seyyed Hossein Nasr, and the Islamization of knowledge project by Ismail Raji al‐Faruqi. Their critique of Euro‐Atlantic science is based on its perceived e ects on society and (...) morality (secularization, imperialism and colonialism, cruelty towards labora‐ tory animals, etc.) as well as on tawhid, the Islamic idea of unity. Their main postulates are to stop calling modern science objective and universal because this is a purely Western product; to produce an alternative indigenous science; to make science conform with Islamic doctrine and ethics; to reintroduce holism and sapiential aspects of knowledge into science. Critical voices, both Muslim and non‐Muslim, are quoted. All in all, reconstructionism is evaluated as a movement understandable to some extent but ine cient and idiosyncratic, unable to start objective and interesting research programmes on its own. (shrink)

The blistering review, wherein the critic cruelly twists the knife to the applause of on-lookers, has fallen out of favour. But is there something to be said for this sort of cruelty? In this paper, I argue for a space for cruelty. In art, there is a sort of cruelty—that can be employed by artists and audiences as well as by critics—that is a pointed disregard for the feelings of the audience: a telling of deep or hard (...) truth without coddling. When, as often, this is invited by the criticised person, it is respectful towards them. Sometimes the cruelty we invite is callousness, but sometimes it is more: if an artist, for example, creates bad art, they give an insult, and this insult invites an insult in return—such as would be a review that twists the knife. Giving this insult, then, is at least prima facie the respectful response. (shrink)

Observations of animals engaging in apparently moral behavior have led academics and the public alike to ask whether morality is shared between humans and other animals. Some philosophers explicitly argue that morality is unique to humans, because moral agency requires capacities that are only demonstrated in our species. Other philosophers argue that some animals can participate in morality because they possess these capacities in a rudimentary form. Scientists have also joined the discussion, and their views are just as varied as (...) the philosophers’. Some research programs examine whether animals countenance specific human norms, such as fairness. Other research programs investigate the cognitive and affective capacities thought to be necessary for morality. There are two sets of concerns that can be raised by these debates. They sometimes suffer from there being no agreed upon theory of morality and no clear account of whether there is a demarcation between moral and social behavior; that is, they lack a proper philosophical foundation. They also sometimes suffer from there being disagreement about the psychological capacities evident in animals. Of these two sets of concerns—the nature of the moral and the scope of psychological capacities—we aim to take on only the second. In this chapter we defend the claim that animals have three sets of capacities that, on some views, are taken as necessary and foundational for moral judgment and action. These are capacities of care, capacities of autonomy, and normative capacities. Care, we argue, is widely found among social animals. Autonomy and normativity are more recent topics of empirical investigation, so while there is less evidence of these capacities at this point in our developing scientific knowledge, the current data is strongly suggestive. (shrink)

This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to (...) class='Hi'>cruelty. Eminently, cruelty in criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of private and public actors. It is in this sense that cruelty is a problem of practical reason, one of action preoccupied with its legal or moral obligations, rational grounds, value commitments, and actual consequences. -/- However, the connection between conceptions of cruelty and the implications practical reason can draw from the correct application of a conception of cruelty to phenomena in the world remains too detached to be able to capture and explain people's actual experiences both of seeing cruelty in the world and of confronting the question of what to do about cruelty and how to address its cultural and institutional aspects. Something is missing. -/- What is missing is the integration of conceptions of cruelty and the practical reason implications of detecting cruelty in the world into normative models which operate as meaning matrixes for cognition, meaning, and action. This Article undertakes this explanatory task through an exercise of reconstructing seminal philosophical ideas about cruelty. The result is that the four conceptions of cruelty are placed within three distinct normative models, which ultimately render intelligible legal conceptions of cruelty and legal reactions to it. (shrink)

It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework and argue that it grants animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is s/he who has the (...) stable and dominating disposition to treat all conscious animals, including non‐human conscious animals, as ends and not mere means. (shrink)

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if the (...) fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof (...) for animal sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

Our society has moved in the direction of eliminating pain, suffering, and discomfort. At first glance, this may seem like a good thing, but I believe that the meaning of life is being increasingly lost in the process.

Social norms – rules governing which behaviours are deemed appropriate or inappropriate within a given community – are typically taken to be uniquely human. Recently, this position has been challenged by a number of philosophers, cognitive scientists, and ethologists, who have suggested that social norms may also be found in certain non-human animal communities. Such claims have elicited considerable scepticism from norm cognition researchers, who doubt that any non-human animals possess the psychological capacities necessary for normative cognition. However, there (...) is little agreement among these researchers about what these psychological prerequisites are. This makes empirical study of animal social norms difficult, since it is not clear what we are looking for and thus what should count as behavioural evidence for the presence (or absence) of social norms in animals. To break this impasse, we offer an approach that moves beyond contested psychological criteria for social norms. This approach is inspired by the animal culture research program, which has made a similar shift away from heavily psychological definitions of ‘culture’ and to become organized around a cluster of more empirically tractable concepts of culture. Here, we propose an analogous set of constructs built around the core notion of a normative regularity, which we define as a socially maintained pattern of behavioural conformity within a community. We suggest methods for studying potential normative regularities in wild and captive primates. We also discuss the broader scientific and philosophical implications of this research program with respect to questions of human uniqueness, animal welfare and conservation. (shrink)

Though many ethicists have the intuition that we should leave nature alone, Kyle Johannsen argues that we have a duty to research safe ways of providing large-scale assistance to wild animals. Using concepts from moral and political philosophy to analyze the issue of wild animal suffering (WAS), Johannsen explores how a collective, institutional obligation to assist wild animals should be understood. He claims that with enough research, genetic editing may one day give us the power to safely intervene without (...) perpetually interfering with wild animals’ liberties.---------------Questions addressed include: In what way is nature valuable and is interference compatible with that value? Is interference a requirement of justice? What are the implications of WAS for animal rights advocacy? What types of intervention are promising?---------------Expertly moving the debate about human relations with wild animals beyond its traditional confines, Wild Animal Ethics is essential reading for students and scholars of political philosophy and political theory studying animal ethics, environmental ethics, and environmental philosophy. (shrink)

The study of animal cognition raises profound questions about the minds of animals and philosophy of mind itself. Aristotle argued that humans are the only animal to laugh, but in recent experiments rats have also been shown to laugh. In other experiments, dogs have been shown to respond appropriately to over two hundred words in human language. In this introduction to the philosophy of animal minds Kristin Andrews introduces and assesses the essential topics, problems and debates as (...) they cut across animal cognition and philosophy of mind. She addresses the following key topics: what is cognition, and what is it to have a mind? What questions should we ask to determine whether behaviour has a cognitive basis? the science of animal minds explained: ethology, behaviourist psychology, and cognitive ethology rationality in animals animal consciousness: what does research into pain and the emotions reveal? What can empirical evidence about animal behaviour tell us about philosophical theories of consciousness? does animal cognition involve belief and concepts; do animals have a ‘Language of Thought’? animal communication other minds: do animals attribute ‘mindedness’ to other creatures? moral reasoning and ethical behaviour in animals animal cognition and memory. Extensive use of empirical examples and case studies is made throughout the book. These include Cheney and Seyfarth’s ververt monkey research, Thorndike’s cat puzzle boxes, Jensen’s research into humans and chimpanzees and the ultimatum game, Pankseep and Burgdorf’s research on rat laughter, and Clayton and Emery’s research on memory in scrub-jays. Additional features such as chapter summaries, annotated further reading and a glossary make this an indispensable introduction to those teaching philosophy of mind, animal cognition. It will also be an excellent resource for those in fields such as ethology, biology and psychology. (shrink)

Starting from the assumption that Kant allows for the possible existence of conscious sensory states in non-rational animals, I examine the textual and philosophical grounds for his acceptance of the possibility that such states are also 'objective'. I elucidate different senses of what might be meant in crediting a cognitive state as objective. I then put forward and defend an interpretation according to which the cognitive states of animals, though extremely limited on Kant's view, are nevertheless minimally objective.

Collection of historical, theoretical and applied articles on the ethical considerations in the treatment of animals by human beings.

Animal welfare has a long history of disregard. While in recent decades the study of animal welfare has become a scientific discipline of its own, the difficulty of measuring animal welfare can still be vastly underestimated. There are three primary theories, or perspectives, on animal welfare - biological functioning, natural living and affective state. These come with their own diverse methods of measurement, each providing a limited perspective on an aspect of welfare. This paper describes a (...) perspectival pluralist account of animal welfare, in which all three theoretical perspectives and their multiple measures are necessary to understand this complex phenomenon and provide a full picture of animal welfare. This in turn will offer us a better understanding of perspectivism and pluralism itself. (shrink)

Animal welfare scientists face an acute version of the problem of inductive risk, since they must choose whether to affirm attributions of mental states to animals in advisory contexts, knowing their decisions hold consequences for animal welfare. In such contexts, the burden of proof should be sensitive to the consequences of error, but a framework for setting appropriate burdens of proof is lacking. Through reflection on two cases—pain and cognitive enrichment—I arrive at a tentative framework based on the (...) principle of expected welfare maximization. I then discuss the limitations of this framework and the questions it leaves open. (shrink)

While many aspects of cognition have been shown to be shared between humans and non-human animals, there remains controversy regarding whether the capacity to mentally time travel is a uniquely human one. In this paper, we argue that there are four ways of representing when some event happened: four kinds of temporal representation. Distinguishing these four kinds of temporal representation has five benefits. First, it puts us in a position to determine the particular benefits these distinct temporal representations afford an (...) organism. Second, it provides the conceptual resources to foster a discussion about which of these representations is necessary for an organism to count as having the capacity to mentally time travel. Third, it enables us to distinguish stricter from more liberal views of mental time travel that differ regarding which kind(s) of temporal representation is taken to be necessary for mental time travel. Fourth, it allows us to determine the benefits of taking a stricter or more liberal view of mental time travel. Finally, it ensures that disagreement about whether some species can mentally time travel is not merely the product of unrecognised disagreement about which temporal representation is necessary for mental time travel. We argue for a more liberal view, on the grounds that it allows us to view mental time travel as an evolutionarily continuous phenomenon, and to recognise that differences in the ways that organisms mentally time travel might reflect different temporal representations, or combinations thereof, that they employ. Our ultimate aim, however, is to create the conceptual framework for further discussion regarding what sorts of temporal representations are required for mental time travel. (shrink)

Definitions of animal welfare often invoke consciousness or sentience. Marian Stamp Dawkins has argued that to define animal welfare this way is a mistake. In Dawkins’s alternative view, an animal with good welfare is one that is healthy and “has what it wants.” The dispute highlights a source of strain on the concept of animal welfare: consciousness-involving definitions are better able to capture the normative significance of welfare, whereas consciousness-free definitions facilitate the validation of welfare indicators. (...) I reflect on how the field should respond to this strain, ultimately recommending against splitting the concept and in favor of consciousness-involving definitions. (shrink)

After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that (...) even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

The purpose of this article is to show that animal rights are not necessarily at odds with the use of animals for research. If animals hold basic moral rights similar to those of humans, then we should consequently extend the ethical requirements guiding research with humans to research with animals. The article spells out how this can be done in practice by applying the seven requirements for ethical research with humans proposed by Ezekiel Emanuel, David Wendler and Christine Grady (...) to animal research. These requirements are i) social value, ii) scientific validity, iii) independent review, iv) fair subject selection, v) favorable risk-benefit ratio, vi) informed consent, and vii) respect for research subjects. In practice, this means that we must reform the practice of animal research to make it more similar to research with humans, rather than completely abolish the former. Indeed, if we banned animal research altogether, then we would also deprive animals of its potential benefits – which would be ethically problematic. (shrink)

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing (...) on recent work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)

Empirical studies of the social lives of non-human primates, cetaceans, and other social animals have prompted scientists and philosophers to debate the question of whether morality and moral cognition exists in non-human animals. Some researchers have argued that morality does exist in several animal species, others that these species may possess various evolutionary building blocks or precursors to morality, but not quite the genuine article, while some have argued that nothing remotely resembling morality can be found in any non-human (...) species. However, these different positions on animal morality generally appear to be motivated more by different conceptions of how the term “morality” is to be defined than by empirical disagreements about animal social behaviour and psychology. After delving deeper into the goals and methodologies of various of the protagonists, I argue that, despite appearances, there are actually two importantly distinct debates over animal morality going on, corresponding to two quite different ways of thinking about what it is to define “morality”, “moral cognition”, and associated notions. Several apparent skirmishes in the literature are thus cases of researchers simply talking past each other. I then focus on what I take to be the core debate over animal morality, which is concerned with understanding the nature and phylogenetic distribution of morality conceived as a psychological natural kind. I argue that this debate is in fact largely terminological and non-substantive. Finally, I reflect on how this core debate might best be re-framed. (shrink)

It has been argued that some animals are moral subjects, that is, beings who are capable of behaving on the basis of moral motivations. In this paper, we do not challenge this claim. Instead, we presuppose its plausibility in order to explore what ethical consequences follow from it. Using the capabilities approach, we argue that beings who are moral subjects are entitled to enjoy positive opportunities for the flourishing of their moral capabilities, and that the thwarting of these capabilities entails (...) a harm that cannot be fully explained in terms of hedonistic welfare. We explore the implications of this idea for the assessment of current practices involving animals. (shrink)

In this paper, I aim to show that agency-based accounts of moral status are more plausible than many have previously thought. I do this by developing a novel account of moral status that takes agency, understood as the capacity for intentional action, to be the necessary and sufficient condition for the possession of moral status. This account also suggests that the capacities required for sentience entail the possession of agency, and the capacities required for agency, entail the possession of sentience. (...) Thus on this account sentient beings possess agency and agents possess sentience. If this is correct, it will show that an Agency Account of moral status can offer a plausible defence of the moral status of all sentient beings, something that previous Agency Accounts have not succeeded in doing. What is more, this account could establish that all sentient animals are not just moral status holders per se, but that they are owed pro tanto obligations regarding continued existence and liberty, similar in kind, though not always in strength, to those owed to humans. (shrink)

Animals have moral status, and we have corresponding obligations to take their interests into account. I argue that Stakeholder Theory provides a moderate, yet principled way for businesses to do so. Animals ought to be treated as stakeholders given that they affect and are affected by the achievement of the objectives of the businesses in which they are involved. Stakeholder Theory therefore requires taking those interests into account. It does not, however, require that they be given the same weight as (...) human interests. By taking the stakeholder approach, businesses can avoid merely reacting to (rapidly increasing) public outcry over the treatment of animals. Even those who hold extreme positions—that businesses have no obligations to animals, or that animal products and services are inherently immoral—can take the treatment of animals as stakeholders to provide an ethical realpolitik of sorts that is both better for animals and better for business. (shrink)

Following recent arguments that cultural practices in wild animal populations have important conservation implications, we argue that recognizing captive animals as cultural has important welfare implications. Having a culture is of deep importance for cultural animals, wherever they live. Without understanding the cultural capacities of captive animals, we will be left with a deeply impoverished view of what they need to flourish. Best practices for welfare should therefore require concern for animals’ cultural needs, but the relationship between culture and (...) welfare is also extremely complex, requiring us to rethink standard assumptions about what constitutes and contributes to welfare. (shrink)

This chapter considers philosophical problems concerning non-human (and sometimes human) animals, including their metaphysical, physical, and moral status, their origin, what makes them alive, their functional organization, and the basis of their sensitive and cognitive capacities. I proceed by assuming what most of Descartes’s followers and interpreters have held: that Descartes proposed that animals lack sentience, feeling, and genuinely cognitive representations of things. (Some scholars interpret Descartes differently, denying that he excluded sentience, feeling, and representation from animals, and I consider (...) the evidence for these interpretations as well.) Given that Descartes denied any sort of soul to animals, his other philosophical commitments entailed that he must explain the vital and sensitive powers of non-human animals through purely material causes. Indeed, he welcomed this task, for he was engaged in the larger project of providing purely mechanistic explanations for all natural phenomena of the material world. Animal bodies form functional unities that are adapted to environmental circumstances. In his new physics, Descartes sought to discover or hypothesize material mechanisms that would explain the physiological and behavioral capacities of animals, including how they maintain themselves by seeking food and drink, reproduce themselves, and modify their behavior to fit current circumstances. Metaphysically, his new perspective raised the problem of accounting for the functional unity of the animal body considered as a purely material construction, devoid of an active, organizing power such as the sensitive soul. Descartes’s project becomes even more challenging if we ask whence come such mechanisms that are capable of performing the functions of living things. Officially, Descartes endorsed the accepted theological orthodoxy, that God designed and created the bodily mechanisms of humans and animals. However, in his natural philosophy he set himself the task of explaining the origin of animals as part of the natural development of the universe out of an original chaotic soup of material particles. Within this naturalistic perspective, he must explain how, through purely material processes, the functionally organized bodies of living things (plants and animals) could be produced from non-living matter. Without a designing creator, how do animal bodies arise that are capable of digesting food, growing, reproducing, and performing the behaviors needed to preserve life and health? (shrink)

‘Sentience’ sometimes refers to the capacity for any type of subjective experience, and sometimes to the capacity to have subjective experiences with a positive or negative valence, such as pain or pleasure. We review recent controversies regarding sentience in fish and invertebrates and consider the deep methodological challenge posed by these cases. We then present two ways of responding to the challenge. In a policy-making context, precautionary thinking can help us treat animals appropriately despite continuing uncertainty about their sentience. In (...) a scientific context, we can draw inspiration from the science of human consciousness to disentangle conscious and unconscious perception (especially vision) in animals. Developing better ways to disentangle conscious and unconscious affect is a key priority for future research. (shrink)

This paper, unveiling the visionary short-sightedness of animal protection, argues for a just vision towards animals in India. Critically analysing the wide range of animal protections in India, the paper finds that in spite of such protections, animals continue to suffer out of unfair and unjust treatments in the country. Considering visionary short-sightedness as the reason behind these unfair and unjust treatments, the paper argues that ensuring the rights of non-human animals to basic capabilities is a fundamental and (...) just vision towards delivering ethical and just actions towards animals. For this, the paper grounds itself on the theoretical foundation of the capabilities approach and makes some policy-level recommendations to protect animals in India. (shrink)

One of the foremost objections to theological voluntarism is the contingency objection. If God’s will fixes moral facts, then what if God willed that agents engage in cruelty? I argue that even unrestricted theological voluntarists should accept some logical constraints on possible moral systems—hence, some limits on ways that God could have willed morality to be—and these logical constraints are sufficient to blunt the force of the contingency objec­tion. One constraint I defend is a very weak accessibility requirement, related (...) to (but less problematic than) existence internalism in metaethics. The theo­logical voluntarist can maintain: Godcouldn’t have loved cruelty, and even though he could have willed behaviors we find abhorrent, he could only have done so in a world of deeply alien moral agents. We cannot confidently declare such a world unacceptable. (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)