This paper addresses the issue of the legal status of non-human animals and the possibility of changing it from the status of things or property to the status of non-things, or better, sentient beings. Key arguments for the change of their status are discussed, including the argument from marginal cases, as well as scientific evidence indicating that many animals are sentient beings. Two ways of initiating such changes seem most promising: legislation, i.e. modification of the (...) civil codes, and litigation, i.e. filing lawsuits on behalf of individual animals. It is argued that legislative changes are necessary for moving animals out of the legal category of things and into the category of sentient beings that can bear rights. On the other hand, litigation could bring about more radical change of the legal status of some animals. (shrink)

This paper addresses the issue of the moral standing of nonhuman animals and their moral and legal rights. First of all, two most prominent views arguing for moral significance of animals are discussed. Peter Singer’s utilitarian view is that animals are sentient beings and therefore deserve equal consideration of their interests. Next, Tom Regan’s standpoint is that many animals have inherent value as experiencing subjects of a life, and consequently an equal right to be treated with respect. This is (...) followed by a discussion about legislation and legal practice in our country and abroad. Finally, it is argued that animals should have at least some basic rights guaranteed by the law. (shrink)

This volume brings together essays by seminal figures and rising stars in the fields of animal ethics and moral theory to analyze and evaluate the moral status of non-human animals, with a special focus on the question of whether or not animals have moral rights. Though wide-ranging in many ways, these fourteen original essays and one reprinted essay direct significant attention to both the main arguments for animal rights and the biggest challenges to animal rights. This (...) volume explores the question of whether or not animals have moral rights through a number of different lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, and utilitarianism. The volume also addresses what are undoubtedly the most serious challenges to the strong animal rights position, which maintains that animals have moral rights equal in strength to the rights of humans, including challenges posed by rights nihilism, the ‘kind’ argument against animal rights, the problem of predation, and the comparative value of lives. In addition, the volume explores the practical import of animal rights both from a social policy standpoint and from the standpoint of personal ethical decisions concerning what to eat and whether or not to hunt animals. Unlike other volumes on animal rights, which focus primarily on the legal rights of animals, and unlike other anthologies on animal ethics, which tend to cover a wide variety of topics but only devote a few articles to each topic, the volume under consideration is focused exclusively on the question of whether or not animals have moral rights and the practical import of such rights. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

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)

Consciousness has an important role in ethics: when a being consciously experiences the frustration or satisfaction of its interests, those interests deserve higher moral priority than those of a behaviourally similar but non-conscious being. I consider the relationship between this ethical role and an a posteriori (or “type-B”) materialist solution to the mind-body problem. It is hard to avoid the conclusion that, if type-B materialism is correct, then the reference of the concept of phenomenal consciousness is radically indeterminate between a (...) neuronal-level property that is distinctive to mammals and a high-level functional property that is much more widely shared. This would leave many non-mammalian animals (such as birds, fish, insects and octopuses) with indeterminate moral status. There are ways to manage this radical moral indeterminacy, but all of these ways lead to profoundly troubling consequences. (shrink)

In this paper, I propose the concept of the “animated persona,” a soundless voice that says, “I am here” and appears on the surface of someone or something. This concept can bring clarity to the experience of perceiving a kind of personhood on a corpse, a wooden mask, or even a tree. In the first half of this paper, I will examine some Japanese literature and a work of Viktor Frankl’s that discuss these phenomena. In the second half, I will (...) analyze the concept of animated persona from five perspectives: (1) a compelling power, (2) surface-ness, (3) religious experience, (4) universality, and (5) the meaning of “I.” Lastly, I will discuss the relationship among the three layers of biological object, animated persona, and self-conscious being. My aim is to shed new light on the meaning of the encounter between the living and the dead. (shrink)

This paper addresses the issue of the moral status of non-human animals, or the question whether sentient animals are morally considerable. The arguments for and against the moral status of animals are discussed, above all the argument from marginal cases. It is argued that sentient animals have moral status based on their having interests in their experiential well-being, but that there are degrees of moral status. Two interest-based approaches are presented and discussed: DeGrazia’s view that sentient (...) animals have interests in continuing to live, and that their interests should be granted moral weight; and McMahan’s TRIA which similarly postulates that animals have interests and that in a given situation we should compare the human and animal interests at stake. Finally, the paper concludes that the anthropocentric approach to animal ethics should be abandoned in favour of the biocentric ethics. (shrink)

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as (...) rights and duties, and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note argues that personhood is a cluster concept with distinct components: the biological concept of (...) the human being, the notion of a rational agent, and unity of consciousness. Use of these component concepts (in lieu of the concept of the person) in legal reasoning would promote greater systematicity and coherence. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought (...) is working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

According to a common view, animals have moral status. Further, a standard defense of this view is the Argument from Consciousness: animals have moral status because they are conscious and can experience pain and it would be bad were they to experience pain. In a series of papers :277–291, 2015a, J Agric Environ Ethics 28:11270–1138, 2015b, J Agric Environ Ethics 30:37–54, 2017), Timothy Hsiao claims that animals do not have moral status and criticizes the Argument from Consciousness. (...) This short paper defends the Argument from Consciousness by providing two simple responses to Hsiao’s criticism. (shrink)

Recent years have seen a growing interest among psychologists for debates in moral philosophy. Moral psychologists have investigated the causal origins of the opposition between utilitarian and deontological judgments and the psychological underpinnings of people’s beliefs about the moral status of animals. One issue that remains underexplored in this research area is the relationship between people’s disposition to engage in utilitarian thinking and their attitudes towards animals. This gap is unfortunate considering the tight philosophical connection between utilitarianism and the (...) claim that animals have the same moral status as humans. Indeed, the principle of utility leads naturally enough to the view that animals count every bit as much as human beings. In this paper, we report two empirical studies dedicated to bridging this gap. In Study 1, we looked at the relationship between attitudes towards animals and utilitarian judgments in the context of sacrificial dilemmas. In Study 2, we bypassed the problems raised by the use of such dilemmas as a measure of utilitarianism by relying on other types of thought experiments. Overall, our results suggest no strong correlation between utilitarianism and attitudes towards animals. Rather, the existence of a correlation between utilitarianism and attitudes towards animals very much depends on how both are measured. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...) a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

Assuming degrees of otherness proportional to the degrees of development of other beings as sentient in relation to rights and as rational in relation to duties, as well as considering the possibility of degrees of legal status, it seems that we could support an ecology that values environmental control so that all species could coexist. So defiantly the development of technology and the survival of other species could be compatible. The environment (including plants, fungi, brute beings) should always (...) be thought of taking into account humanism and secularism – without resorting to theological arguments – and the partial otherness that we can identify in animals. (shrink)

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ (...) In this paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

According to a widely shared intuition, normal adult humans require greater moral concern than normal, adult animals in at least some circumstances. Even the most steadfast defenders of animals' moral status attempt to accommodate this intuition, often by holding that humans' higher-level capacities (intellect, linguistic ability, and so on) give rise to a greater number of interests, and thus the likelihood of greater satisfaction, thereby making their lives more valuable. However, the moves from capacities to interests, and from interests (...) to the likelihood of satisfaction, have up to now gone unexamined and undefended. I argue that context plays a morally significant role both in the formation of an individual's capacities, and in the determination of the individual's interests and potential for satisfaction based on those capacities. Claims about an individual's capacities and interests are typically presented as unconditional; but on closer examination, they are revealed to be contingent on tacit assumptions about context. Until we develop an understanding of how to account for the role of context within our moral theories, attempts to defend special moral concern for human beings based on their superior capacities are less firmly grounded than is commonly thought. (shrink)

In early modern times it was not uncommon for thinkers to tease out from the nature of God various doctrines of substantial physical and metaphysical import. This approach was particularly fruitful in the so-called beast-machine controversy, which erupted following Descartes’ claim that animals are automata, that is, pure machines, without a spiritual, incorporeal soul. Over the course of this controversy, thinkers on both sides attempted to draw out important truths about the status of animals simply from the notion or (...) attributes of God. Automatists – led by Nicolas Malebranche and Antoine Dilly – developed six such arguments, appealing to divine justice, providence, economy, glory (twice) and wisdom, while opponents to animal automatism developed two arguments, appealing to divine wisdom and goodness. In this article I shall examine the substance of all eight of these arguments, along with their origins, patronage, and variations, and the objections they elicited from opponents, with the aim of determining their suitability for use in contemporary debates about animal sentience and consciousness, and hence their relevance for contemporary philosophers. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the (...) USA and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Forthy years after the issue of Animal Liberation (1975), this essay tries to make a critical assessment of the theses of Peter Singer on the moral status of animals, showing their historical evolution. Notwithstanding the limits of his utilitarian theoretical view, a good part of Singer’s moral reflection about animals reveals itself convincing and is finding some achievements in the positive legislation of a lot of countries. Following David DeGrazia, the author develops Singer’s theses in a gradualist direction, (...) pointing out that the problems of utilitarianism do not compromise the validity of the principle of equal consideration of interests, nor the main practical out-comes that the Australian philosopher draws from it. (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)

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)

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

Reportedly ever since Pythagoras, but possibly much earlier, humans have been concerned about the way non human animals (henceforward “animals” for convenience) should be treated. By late antiquity all main traditions with regard to this issue had already been established and consolidated, and were only slightly modified during the centuries that followed. Until the nineteenth century philosophers tended to focus primarily on the ontological status of animals, to wit on whether – and to what degree – animals are actually (...) rational beings; accordingly they allowed – or denied – them some kind of moral standing. This modus operandi was for the first time seriously questioned by Jeremy Bentham, who put the issue on a different track. If the question, as Bentham suggested, is not if animals can think or speak, but if they can suffer1, then it seems plausible that moral agents ought to abstain from inflicting unnecessary suffering on animals; in other words, humans might have at least one – even limited – moral duty towards animals. And if this, in turn, is true, then animals should arguably be allowed the commensurate moral right, namely the right not to be inflicted unnecessary pain. Then, if animals possess this right, they could probably possess others, as well. This is how grosso modo the issue of animal rights became a pivotal part of the discussion concerning animal ethics. Bentham himself, of course, wouldn’t have gone that far; to him even the idea of human rights sounded like “simple… rhetorical nonsense upon stilts”.2 It was mostly due to his views, however, that the debate was moved from the way things actually are to the way things should ideally be – thus merging into what, in my view, should always have been: one primarily concerning ethics. (shrink)

Animal replaceability is supposed to be a feature of some consequentialist theories, like Utilitarianism. Roughly, an animal is replaceable if it is permissible to kill it because the disvalue thereby caused will be compensated by the value of a new animal’s life. This is specially troubling since the conditions for such compensation seem easily attainable by improved forms of raising and killing animals. Thus, grounding a strong moral status of animals in such theories is somewhat compromised. (...) As is, consequently, their position as an alternative to rights-based theories in animal ethics. Recognising this, some utilitarians tried to disassociate utilitarianism and replaceability. I will here add my voice to this project. However, instead of seeing the culprit in the usual suspects (hedonism, maximisation or the total view), I advance a new proposal. After identifying that the compensating value for a disvaluable action has to be its consequence, I present a restriction on consequences: consequences of sequences of actions cannot be consequences of the isolated actions in the sequences. Given this, the main argument is simple: killing an animal is permissible only if the the value of the new animal’s life is a consequence of the killing; but this value is a consequence of a sequence of actions which involves the killing plus some additional actions; therefore, since, via the restriction, such value is not a consequence of the killing, it is irrelevant to its normative status. I then present two further motivations for the restriction: firstly, it prevents the value of conditional actions from trivially influencing the value of the actions on which they are conditional; secondly, it is useful – even if not a complete solution – to reply other objections to consequentialism: the accordion effect of action and the cluelessness problem. I finally consider a couple of objections. (shrink)

The rapid advancement of artificial intelligence systems has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article (...) approaches the topic of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally. (shrink)

Animal-derived constituents are frequently used in anaesthesia and surgery, and patients are seldom informed of this. This is problematic for a growing minority of patients who may have religious or secular concerns about their use in their care. It is not currently common practice to inform patients about the use of animal-derived constituents, yet what little empirical data does exist indicates that many patients want the opportunity to give their informed consent. First, we review the nature and scale (...) of the problem by looking at the groups who may have concerns about the use of animal-derived constituents in their care. We then summarise some of the products used in anaesthesia and surgery that can contain such constituents, such as anaesthetic drugs, surgical implants and dressings. Finally, we explore the problem of animal-derived constituents and consent using Beauchamp and Childress’ four principles approach, examining issues of autonomy, beneficence, nonmaleficence and justice. Disclosing the use of animal-derived constituents in anaesthesia and surgery is warranted under Beauchamp and Childress’ four principles approach to the problem. Although there exist systemic and practical challenges to implementing this in practice, the ethical case for doing so is strong. The Montgomery ruling presents additional legal reason for disclosure because it entails that patients must be made aware of risks associated with their treatment that they attach significance to. (shrink)

Consciousness-based approaches to non-human moral status maintain that consciousness is necessary for (some degree or level of) moral status. While these approaches are intuitive to many, in this paper I argue that the judgment that consciousness is necessary for moral status is not secure enough to guide policy regarding non-humans, that policies responsive to the moral status of non-humans should take seriously the possibility that psychological features independent of consciousness are sufficient for moral status. Further, (...) I illustrate some practical consequences of calling consciousness-based views into question. (shrink)

Domesticated animals need to be treated as fellow citizens: only if we conceive of domesticated animals as full members of our political communities can we do justice to their moral standing—or so Sue Donaldson and Will Kymlicka argue in their widely discussed book Zoopolis. In this contribution, we pursue two objectives. Firstly, we reject Donaldson and Kymlicka’s appeal for animal citizenship. We do so by submitting that instead of paying due heed to their moral status, regarding animals as (...) citizens misinterprets their moral qualities and thus risks treating them unjustly. Secondly, we suggest that Donaldson and Kymlicka’s reinforced focus on membership should draw our attention to the moral standing of a further ‘species’, namely robots. Developments within artificial intelligence have advanced rapidly in recent years. With robots’ gaining ever greater capacities and abilities, we need to ask urgent questions about the moral ramifications of these technical advances. (shrink)

Timothy Hsiao asks a good question: Why believe animals deserve moral consideration? His answer is that we should not. He considers various other answers and finds them wanting. In this paper I consider an answer Hsiao has not yet discussed: We should accept a conservative view about how to form beliefs. And such a view will instruct us to believe that animals deserve moral consideration. I think conservatives like Hsiao do best to answer his question in a way that upholds (...) the moral status of animals. Since my answer is one Hsiao has not yet addressed, it is compatible with the main points he makes against various other motivations in his many papers on this topic. So my paper should be understood as an invitation to Hsiao to consider another answer. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the (...) relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing (...) social and economic life among a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (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)

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK (...) following its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

In this paper, we tackle the widely held view that practice-oriented approaches to ethics are conservative, preserving the moral status quo, and, in particular, that they do not promote any change in our dealings with animals or formulate clear principles that help us to achieve such change. We shall challenge this view with reference to Wittgensteinian ethics. As a first step, we show that moral thought and action rest on basic moral certainties like: equals are to be treated equally (...) and unequals unequally. We then explore the relations between this insight and the notion of the difficulty of reality elaborated by Cora Diamond. Our goal is to show that a Wittgensteinian-Diamondian approach to animal ethics is not necessarily morally conservative. Indeed, it offers a profound practice-oriented approach to animal ethics that is capable of promoting change in human dealings with animals because it is compatible with radical critique. (shrink)

It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in a permanent vegetative state, debates about treatment and study of disorders of consciousness, controversies about end-of-life care for those with advanced dementia, and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts about consciousness. (...) However, though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and those with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind and cognitive science. (shrink)

Does the moral badness of pain depend on who feels it? A common, but generally only implicitly stated view, is that it does not. This view, ‘unitarianism’, maintains that the same interests of different beings should count equally in our moral calculus. Shelly Kagan’s project in How to Count Animals, more or less is to reject this common view, and develop an alternative to it: a hierarchical view of moral status, on which the badness of pain does depend on (...) who feels it. In this review essay, we critically examine Kagan’s argument for status hierarchy. In particular, we reject two of the central premises in his argument: that moral standing is ultimately grounded in agency and that unitarianism is overdemanding. We conclude that moral status may, despite Kagan’s compelling argument to the contrary, not be hierarchical. (shrink)

Many take Kantian ethics to founder when it comes to our duties to animals. In this paper, I advocate a novel approach to this problem. The paper is divided into three sections. In the first, I canvass various passages from Kant in order to set up the problem. In the second, I introduce a novel approach to this problem. In the third, I defend my approach from various objections. By way of preview: I advocate rejecting the premise that nonhuman animals (...) are nonrational. (shrink)

The chief themes of this discussion are as follows. First, we need a theory of the grounds of moral status that could guide practical considerations regarding how to treat the wide range of potentially conscious entities with which we are acquainted – injured humans, cerebral organoids, chimeras, artificially intelligent machines, and non-human animals. I offer an account of phenomenal value that focuses on the structure and sophistication of phenomenally conscious states at a time and over time in the mental (...) lives of conscious subjects. Second, we need to map a theory of moral status onto practical considerations. I prefer the precautionary framework proposed by many, and fruitfully precisified recently by Birch. I have suggested that in addition to further discussion surrounding the evidential bar for attributing consciousness to different types of entities, more discussion is needed regarding how value and moral status may vary across different entity-types, and regarding the sources of value in an entity’s mental life. (shrink)

There is an ongoing debate in animalethics on the meaning and scope of animalwelfare. In certain broader views, leading anatural life through the development of naturalcapabilities is also headed under the conceptof animal welfare. I argue that a concern forthe development of natural capabilities of ananimal such as expressed when living freelyshould be distinguished from the preservationof the naturalness of its behavior andappearance. However, it is not always clearwhere a plea for natural living changes overinto a plea for the (...) preservation of theirnaturalness or wildness. In the first part ofthis article, I examine to what extent theconcerns for natural living meet ``theexperience requirement.'' I conclude that someof these concerns go beyond welfare. In thesecond part of the article. I ask whether wehave moral reasons to respect concernsfor the naturalness of an animal's living thattranscend its welfare. I argue that the moralrelevance of such considerations can be graspedwhen we see animals as entities bearingnon-moral intrinsic values. In my view the``natural'' appearance and behavior of an animalmay embody intrinsic values. Caring for ananimal's naturalness should then be understoodas caring for such intrinsic values. Intrinsicvalues provide moral reasons for action iffthey are seen as constitutive of the good lifefor humans. I conclude by reinterpreting,within the framework of a perfectionist ethicaltheory, the notion of indirect dutiesregarding animals, which go beyond andsupplement the direct duties towardsanimals. (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon (...) newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

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

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

Professionalization, career development prospects, and social value are the three basic components of the status and prospects of community education workers, which influence their choice to continue their careers or not. In China, these problems are complex and lacking in systematic research, and the current situation does not meet the needs of community education. This study interviewed 24 community workers regarding their salaries, working conditions, and training and career advancement opportunities to evaluate this situation in Ningbo City. The findings (...) highlight challenges in the evaluation processes and work motivations of community education workers, including teams without professional knowledge, lack of training opportunities, unsupportive policies, and low salaries. These findings can be used by governments and community workers to find collaborative ways to facilitate community education processes, including the provision of adult education for community educators. New legal policies to raise the status of community educators are also suggested. (shrink)

Henry Shevlin’s paper—“How could we know when a robot was a moral patient?” – argues that we should recognize robots and artificial intelligence (AI) as psychological moral patients if they are cognitively equivalent to other beings that we already recognize as psychological moral patients (i.e., humans and, at least some, animals). In defending this cognitive equivalence strategy, Shevlin draws inspiration from the “behavioral equivalence” strategy that I have defended in previous work but argues that it is flawed in crucial respects. (...) Unfortunately—and I guess this is hardly surprising—I cannot bring myself to agree that the cognitive equivalence strategy is the superior one. In this article, I try to explain why in three steps. First, I clarify the nature of the question that I take both myself and Shevlin to be answering. Second, I clear up some potential confusions about the behavioral equivalence strategy, addressing some other recent criticisms of it. Third, I will explain why I still favor the behavioral equivalence strategy over the cognitive equivalence one. (shrink)

This chapter concerns the role accorded to animals in the theories of the English-speaking philosophers who created the field of environmental ethics in the latter half of the twentieth century. The value of animals differs widely depending upon whether one adopts some version of Holism (value resides in ecosystems) or some version of Animal Individualism (value resides in human and nonhuman animals). I examine this debate and, along the way, highlight better and worse ways to conduct ethical arguments. I (...) explain that two kinds of appeals (which I call intuition and reductio) are questionable foundations for environmental ethics and that representatives of both schools occasionally appeal unhelpfully to intuition or caricature the commitments of the other side. I review two stronger arguments for Ecoholism (inference and eco-organisms) and show that they have performed a useful function in environmental ethics. Ultimately, however, both arguments fail because their proponents are unable to answer four critical objections: weakness of will, no eco-organisms, no teleology, and is/ought. I then show that Animal Individualism operates on more secure footing when it comes to philosophical and scientific assumptions. I also propose that Animal Individualism is more likely to prove effective in establishing progressive environmental policies insofar as it builds on existing legal concepts, especially the concept of moral rights, and political institutions, such as democratic states. I note that wild animals are not inherently more valuable than domestic animals and, finally, offer a brief outline of an animal rights environmental ethic. (shrink)

I seek to advance plausible replies to the several criticisms Kai Horsthemke makes of ‘African Modal Relationalism’, his label for my theory of animal rights with a sub-Saharan pedigree. Central to this view is the claim that, roughly, a being has a greater moral status, the more it is in principle capable of relating communally with characteristic human beings. Horsthemke maintains that this view is anthropocentric and speciesist, is poorly motivated relative to his egalitarian-individualist approach, and does not (...) have the implications that I contend. I aim to rebut these and related criticisms, contending that African Modal Relationalism is in fact a promising way to philosophically ground animal rights. (shrink)

In my forthcoming book, How to Count Animals, More or Less (based on my 2016 Uehiro Lectures in Practical Ethics), I argue for a hierarchical approach to animal ethics according to which animals have moral standing but nonetheless have a lower moral status than people have. This essay is an overview of that book, drawing primarily from selections from its beginning and end, aiming both to give a feel for the overall project and to indicate the general shape (...) of the hierarchical position that I defend there. In this essay, I contrast the hierarchical approach with its most important rival (which holds that people and animals have the very same moral status), sketch the main idea behind one central argument for hierarchy, and briefly review three potentially troubling implications of the hierarchical view. I close with a discussion of a promising possible solution to the most worrisome of the three objections. (shrink)

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