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)

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)

One of the primary concerns in animal research is ensuring the welfare of laboratory animals. Modern views on animal welfare emphasize the role of animal sentience, i.e. the capacity to experience subjective states such as pleasure or suffering, as a central component of welfare. The increasing official recognition of animal sentience has had large effects on laboratory animal research. The Cambridge Declaration on Consciousness (Low et al., University of Cambridge, 2012) marked an official scientific recognition (...) of the presence of sentience in mammals, birds, and cephalopods. Animal sentience has furthermore been recognized in legislation in the European Union, UK, New Zealand and parts of Australia, with discussions underway in other parts of the world to follow suit. In this paper, we analyze this shift towards recognition of sentience in the regulation and practice in the treatment of laboratory animals and its effects on animal welfare and use. (shrink)

Animal welfare is a concept that plays a role within both our moral deliberations and the relevant areas of science. The study of animal welfare has impacts on decisions made by legislators, producers and consumers with regards to housing and treatment of animals. Our ethical deliberations in these domains need to consider our impact on animals, and the study of animal welfare provides the information that allows us to make informed decisions. This thesis focusses on taking a (...) philosophical perspective to answer the question of how we can measure the welfare of animals. Animal welfare science is an applied area of biology, aimed at measuring animal welfare. Although philosophy of animal ethics is common, philosophy focussing on animal welfare science is rare. Despite this lack, there are definitely many ways in which philosophical methods can be used to analyse the methodologies and concepts used in this science. One of the aims of the work in this thesis is to remedy this lack of attention in animal welfare. Animal welfare science is a strong emerging discipline, but there is the need for conceptual and methodological clarity and sophistication in this science if it is to play the relevant informative role for our practical and ethical decision-making. There is thus is a strong role here for philosophical analysis for this purpose. The central aim of this thesis is to provide an account of how we can measure subjective animal welfare, addressing some of the potential problems that may arise in this particular scientific endeavour. The two questions I will be answering are: what is animal welfare, and how do we measure it? Part One of the thesis looks at the subjective concept of animal welfare and its applications. In it, I argue for a subjective welfare view - that animal welfare should be understood as the subjective experience of individuals over their lifetimes - and look at how the subjective welfare concept informs our ethical decision-making in two different cases in applied animal ethics. Part Two of the thesis looks more closely at the scientific role of welfare. Understanding welfare subjectively creates unique measurement problems, due to the necessarily private nature of mental states and here I address a few of these problems, including whether subjective experience is measurable, how we might validate indicators of hidden target variables such as welfare, how we can make welfare comparisons between individual animals and how we might compare or integrate the different types of experience that make up welfare. I end with a discussion of the implications of all these problems and solutions for the practice of welfare science, and indicate useful future directions for research. (shrink)

Animal research has long been a source of biomedical aspirations and moral concern. Examples of both hope and concern are abundant today. In recent months, as is common practice, monkeys have served as test subjects in promising preclinical trials for an Ebola vaccine or treatment 1 , 2 , 3 and in controversial maternal deprivation studies. 4 The unresolved tension between the noble aspirations of animal research and the ethical controversies it often generates motivates the present issue of (...) the Cambridge Quarterly of Healthcare Ethics. As editors of this special section, we hope that these original and timely articles will push the professional discussion of animal research ethics in a positive direction that will benefi t research scientists and others interested in moral problems in animal research. We also look forward to a day when animal research will genuinely meet both appropriate scientifi c and appropriate ethical criteria—criteria that themselves can be improved by critical scrutiny. Animal research—that is, the use of live animals as experimental subjects in biomedical and behavioral fi elds of learning—has been deeply entrenched for well over half a century. One signal development was the enactment in the late 1930s of federal product safety legislation in the United States and other nations that required animal testing of food, drugs, and medical devices prior to use by human subjects or consumers. 5 Another development was the publication of codes of research ethics that called for animal research prior to human research. The Nuremberg Code, published by an American military tribunal in 1947–48 after scrutiny of Nazi medical atrocities, stated that experiments involving the use of human subjects should be " based on the results of animal experimentation. " 6 The Declaration of Helsinki, fi rst published in 1964, reaffi rmed this assumption and added, rather imprecisely, that " the welfare of animals used for research must be respected. " 7 Against the background of such statements, the institutionalization and widespread acceptance of animal research in the twentieth century rested on two basic assumptions, one factual and one moral. The factual assumption was that animal research is suffi ciently reliable as a basis for predicting the effects of drugs, products, and other materials on human beings that animal trials can be expected to yield signifi cant scientifi c conclusions and medical benefi ts to humanity. (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)

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)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus (...) supporting corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

Support for agricultural producers in the European Union remained uneven, as preferences were given to the most economically stable regions and businesses. Intensive farming methods continued to be used, with consequences for both the environment and animal health. In addition, the applicant countries that joined the European Union had to adopt legislation, i.e. meet the parameters and criteria that exist in the Single Market for agricultural products, namely: to ensure appropriate product quality, update the technical and technological base (...) of production, introduce innovative technologies for growing grain and fattening animals, etc. (shrink)

I applaud recent improvements upon previous guidelines for the assessment of pain in non-human species and the application of their framework towards decapod crustaceans. Rather than constituting a mere intermediate solution between the scientific difficulty of settling questions of animal consciousness and the need for a framework for the purposes of animal welfare legislation, I will argue that the longer lists of criteria for animal sentience should make us realize that animal sentience is a multi-dimensional (...) phenomenon that must be studied with a plethora of methods in order to assess its diversity across the tree of life. (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 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)

Louise Brown's birth in 1978 heralded a new era not just in reproductive technology, but in the relationship between science, cells, and society. For the first time, human embryos could be created, selected, studied, manipulated, frozen, altered, or destroyed, outside the human body. But with this possibility came a plethora of ethical questions. Is it acceptable to destroy a human embryo for the purpose of research? Or to create an embryo with the specific purpose of destroying it for research? In (...) an attempt to construct ethical and legal frameworks for the new era of cellular reprogramming, legislators and ethicists have tried to distinguish between different kinds of biological entity. We treat cells differently depending on whether they are human or animal, somatic cells or gametes, and on whether they are embryos or not. But this approach to the ethics of cellular reprogramming is doomed to failure for the simple reason that cellular reprogramming in itself destroys the distinctions that the law requires to function. In this article, we explore the historical trajectory of cellular reprogramming and its relationship with ethics and society. We suggest that the early hype of embryo research has not obviously fulfilled expectations, but since new avenues of research are continuously opening, it is hard to say definitely that these promises have been broken. We explore the forthcoming challenges posed by the creation of DNA from scratch in the laboratory, and the implications of this for understandings of identity, privacy, and reproduction. We conclude that while ethics used to seek answers in biological facts, this is no longer possible, and a new approach is required. (shrink)

Polarization often happens asymmetrically. One political actor radicalizes, and the results reverberate through the political system. This is how the deep divisions in contemporary American politics arose: the Republican Party radicalized. Republican officeholders began to use extreme legislative tactics. Republican voters became animated by contempt for their political rivals and by the defense of their own social superiority. The party as a whole launched a wide-ranging campaign of voter suppression and its members endorsed violence in the face of electoral defeat. (...) This paper is about how such asymmetric polarization affects everyone else’s obligations. My core claim is that two kinds of relationship – civic friendship and non-subordination – underpin critical democratic norms. Republican misbehavior has severed cross-partisan civic friendships. Their authoritarianism forfeits their claim to non-subordination. The former means that non-Republicans need not justify policy on public grounds. The latter undercuts Republicans’ claim to enjoy minority vetoes when out of power and it gives their rivals reason to disobey the laws that Republicans make when they are in power. More generally, when one political actor contravenes the proper norms of democratic politics, their opposition is not bound by those norms. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Agriculture in Bulgaria is one of sectors country’s economy in which significant changes have taken place over the past three decades: in the field of economic relations, the structure of farms, the size and production activity of enterprises, income and profit. These changes are due to the agrarian reform carried out in the 1990s, accession Bulgaria to the European Union, and the implementation of measures and mechanisms of the Common Agricultural Policy (CAP). In the period before accession Bulgaria to the (...) European Union (1997-2007) there were significant changes in the organization of agricultural sector of the economy, the formation of statistics, harmonization with European agricultural legislation, adaptation to dynamic changes in the environment. During the period of accession Bulgaria to the European Union, the conditions for functioning of agriculture relate to the formation of necessary mechanisms (organizational, financial, administrative, legal, informational, etc.) and successful adaptation to new realities. Bulgaria’s agriculture underwent significant changes during the COVID-19 pandemic, prompting the developing of appropriate financial support policies by the state and the European Union. For Bulgaria, agriculture is an important sector of the national economy for several reasons. First, it provides the population with food, on the quantitative and qualitative measurement of which depends the national food security of the country, raw materials for the food industry and resources for export. Secondly, favorable climatic conditions are suitable for growing various crops and farm animals. Third, agriculture accounts for 11.0% of gross domestic product, 12.5% of gross value added and employs 25.1% of the population. (shrink)

I claim that differences in the importance attached to economic liberty are more important in debates over the use of genetically modified organisms (GMOs) in agriculture than disagreements about the precautionary principle. I will argue this point by considering a case study: the decision by the U.S. Animal and Plant Health Inspection Service (APHIS) to grant nonregulated status to Roundup Ready soy. I will show that the unregulated release of this herbicide-resistant crop would not be acceptable morally unless one (...) places a very high premium on economic liberty. This is true even if one takes a sound science attitude to unknown risks, rather than a precautionary attitude. I concede that it may not have been within APHIS’s legislative mandate to regulate Roundup Ready soy further, but for those of us who do not put a high premium on economic liberty, this only calls for extending regulatory oversight of GMOs. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I believe, (...) is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Over the last two decades, there was an upsurge of research and innovation in biotechnology and related fields, leading to exciting new discoveries in areas such as the engineering of biological processes, gene editing, stem cell research, CRISPR-Cas9 technology, Synthetic Biology, recombinant DNA, LMOs and GMOs, to mention only a few. At the same time, these advances generated concerns about biosafety, biosecurity and adverse impacts on biodiversity and the environment, leading to the establishment of Research Ethics Committees (RECs) at Higher (...) Education and Research Institutions dedicated to reviewing research with implications for biosafety and the environment. -/- These Biosafety and Environment Research Ethics Committees, referred to as EBRECs, are in the early stages of their establishment and formalisation, and there is much uncertainty about their composition, scope, procedures of decision-making and the principles that should guide their deliberations and assessments. In many respects, EBRECs are venturing into uncharted territory, facing a very wide range of complex research fields, far-reaching research practices and deep concerns new to Review Boards, raising the question to what extent EBRECs can fall back on the fairly well-established principles and procedures of RECs focusing on Human, Health or Animal research, and to what extent they need new or adapted principles and procedures. -/- Against this background, I set out to answer the following three main research questions in this thesis: 1. What is the current state of ethical principles for ethics reviews in the field of environmental and biosafety research ethics? Which principles are currently used in this context, and how? 2. What are the shortcomings of the current principles used by EBRECs and how can they be overcome? 3. What ethical principles must be adopted by environmental and biosafety research ethics committees and guide them in their decision-making? -/- In order to prepare the ground and set the scene for my discussion of these questions, I also formulated four supporting research questions: i. What is environmental research ethics in action? ii. What is biosafety research ethics in action? iii. How are environmental and biosafety ethics related to one another? iv. How should the guidelines and ethical principles related to these two overlapping fields be implemented in the ethics review process? Following my introduction and problem statement in Chapter 1, I devoted Chapters 2 and 3 to an overview of my supporting questions to set the scene for Environmental and Biosafety Research Ethics. In Chapter 4, I turned to my main research question with a discussion of national and international declarations, frameworks and legislation and an investigation of principles in the different research areas to get a picture of applicable principles that can guide EBRECs. -/- The main finding of my thesis is that due to the complexity of EBR, different categories of principles could be the solution for EBRECs. I elaborate on this in Chapter 5, my concluding chapter, in which I also propose a list of core principles that can serve as an accessible and easy-to-use guide for EBRECs in their decision-making. In this proposal, I cluster different kinds of principles in terms of four categories: 1. Principles as a Moral Concept 2. Principles as a Social Concept 3. Principles as a Legal Concept 4. Principles as a Safety Concept . (shrink)

In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, (...) as well as other areas of health, is of great importance in the prevention and control of various diseases, both in animals and humans. Some cases of infectious bovine abortion have a major impact not only on cattle farming and animal health, but also on public and environmental health. The concept of "One Health" integrates human medicine and health professionals. In this context, knowledge of infectious abortive diseases that affect animal, human and environmental health is fundamental. Cattle are affected by specific infectious abortive diseases, caused by pathogens with different forms of presentation and transmission mechanisms. These include brucellosis, leptospirosis and listeriosis, which are potentially zoonotic diseases. Controlling these diseases can contribute to effective public health actions and reduce global health risks. In order to establish the diagnosis of these diseases, it is essential to properly collect specimens from live or dead animals under biosafety and biosecurity conditions, following the chain of custody for each case. These procedures allow for greater success in diagnosing the suspected agent and facilitate the investigation of other causes. Animal health standards for the prophylaxis and control of these diseases are established by specific legislation, including those of the Ministry of Agriculture, Livestock and Supply (MALS). This literature review was based on current knowledge on the Pubmed platform, Google Scholar, articles and textbooks. The aim of this article is to identify, understand and discuss the main infectious abortive diseases of cattle in the legal and forensic context, which have an impact on cattle farming, animal health, food safety, public and environmental health. -/- Referências bibliográficas Abdullah, N. M., Mohammad, W. M. Z. W., Shafei, M. N., Sukeri, S., Idris, Z., Arifin, W. N., Nozmi, N., Saudi, S. N. S., Samsudin, S., & Zainudin, A.-W. (2019). Leptospirosis and its prevention: knowledge, attitude and practice of urban community in Selangor, Malaysia. BMC Public Health, 19(1), 1–8. Agrimani, D. S. R., Rui, B. R., Cruz, I. V, Romano, R. M., & Lopes, H. C. (2011). 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R., Zylbersztajn, A., & Avila-Pires, F. D. (2004). Evolução histórica da medicina veterinária preventiva e saúde pública. Ciência Rural, 34(5), 1661–1668. Pinillos, R. G. (2018). One welfare: A framework to improve animal welfare and human well-being. Cabi. Poester, F. P., Goncalves, V. S. P., & Lage, A. P. (2002). Brucellosis in Brazil. Veterinary Microbiology, 90(1–4), 55–62. Porto, Y. F., Pinto Neto, A., Bernardi, F., Possa, M. G., Mota, M. F., Martinez, A. C., Merlini, L. S., & Berber, R. C. (2018). Occurrence of brucellosis, leptospirosis and neosporosis in cows with retained placenta in Southwest Paraná, Brazil. Pesquisa Veterinária Brasileira, 38(8), 1537–1542. Radostits, O. M., Gay, C. C., Blood, D. C., Hinchcliff, K. W., & McKenzie, R. A. (2010). Clínica Veterinária: um tratado de doenças dos bovinos, ovinos, suínos, caprinos e eqüinos (Vol. 1). Guanabara Koogan. Ramos, T. M. V., Balassiano, I. T., Silva, T. S. M., & Nogueira, J. M. R. (2022). Leptospirose: Características da enfermidade em humanos e principais técnicas de diagnóstico laboratorial. Revista Brasileira de Análises Clínicas, 53(3), 211–218. Ribeiro, A. C. A., Araújo, R. V., Rosa, A. S. M., Silva, P. N., Moraes, S. C., & Katagiri, S. (2020). Zoonoses e educação em saúde: Conhecer, compartilhar e multiplicar. Brazilian Journal of Health Review, 3(5), 12785–12801. Rocha, C. F., Mol, J. P. S., Garcia, L. N. N., Costa, L. F., Santos, R. L., & Paixão, T. A. (2017). Comparative experimental infection of Listeria monocytogenes and Listeria ivanovii in bovine trophoblasts. Plos One, 12, 1–13. Rocha, N. S. (2017). Corpo de delito e processos por erro médico veterinário. In R. A. Tostes, S. T. J. Reis, & V. V Castilho (Eds.), Tratado de medicina veterinária legal. Medvep. Rossi, M., Paiva, A., Tornese, M., Chianelli, S., & Troncoso, A. (2008). Brotes de infección por Listeria monocytogenes: Una revisión de las vias que llevan a su aparición. Revista Ciencia y Tecnologia, Escuela de Postgrado, 25, 328–335. Sá, M. I., & Ferreira, C. (2007). Importância das zoonoses na segurança alimentar. Infoqualidade, 11, 14–17. Sakate, R. I., Aragon, L. C., Raghiante, F., Landgraf, M., Franco, B. D. G. M., & Destro, M. T. (2003). Quantificação de Listeria monocytogenes em salames fatiados embalados a vácuo. Archivos Latinoamericanos de Nutrición, 53, 1–5. Salmanov, A. G., Kotsyumbas, I. Y. А., & Trokhymchuk, V. V. (2018). One World — One Health. International Journal of Antibiotics and Probiotics, 2(1), 8–17. Santana, L., Novelli, M., Vidal, A., Pereira, S., Gasparinni, L., Alvarenga, A. M. O., & Motta, O. J. R. (2020). Brucelose: atualização para a prática clínica. Saúde Dinâmica, 5(3), 1–14. Santos-Filho, A. M. P., & Mayrink, R. R. (2017). Medicina Veterinária Forense. In J. A. Velho, G. C. Geiser, & A. Espíndula. (Eds.), Ciências Forenses, uma introdução às principais áreas da criminalística moderna. Millennium. Schmitt, C. I., Krug, F. D. M., Cereser, N. D., & Pinto, F. R. (2017). Brucelose: uma questão de saúde pública. REDVET. Revista Electrónica de Veterinária, 18(9), 1–17. Silva, H. R., Gianoglou, F. M., Campos, M. F., Graciano, E. M. A., & Toledo, R. C. C. (2016). Listeriose: Uma doença de origem alimentar pouco conhecida no Brasil. Higiene Alimentar, 30, 17– 20. Simões, L. S., Sasahara, T. H. C., Favaron, P. O., & Miglino, M. A. (2016). Leptospirose–Revisão. PUBVET, 10, 111–189. Slowinski, K., Tremori, T. M., Massad, M. R. R., Tasaka, A. C., & Rocha, N. S. (2016). Responsabilidade ética e civil do médico-veterinário no ambiente hospitalar. Revista de Educação Continuada em Medicina Veterinária e Zootecnia Do CRMV-SP, 14(2), 30–37. Snak, A., & Osaki, S. C. (2019). Uma revisão sobre três importantes agentes causadores de aborto em bovinos: Neospora caninum, Leptospira sp. e Trypanosoma vivax. Revista de Ciência Veterinária e Saúde Pública, 6(1), 160–195. Sobrinho, O. P. L., Véras, G. M. C., Silva, L. F. B., Oliveira, L. S., Xavier, R. S., Alvim, J. F., Costa, D. A. S., Pereira, Á. I. S., Carlos, M. A. S., Cantanhede, E. K. P., & Santos, M. L. C. (2018). Brucelose bovina: Situação epidemiológica em rebanhos no município de Codó-MA. PUBVET, 12(12), 1–4. Souza, A. O. (2010). Listeriose na gravidez. Revista Médica de Minas Gerais, 20, 433–434. Suárez, Á. C. A., & Parra, C. A. B. (2017). Actualización de la leptospirosis bovina en Colombia. Conexión Agropecuaria JDC, 7(1), 57–77. Tonin, A. A., Azevedo, M. I., Escobar, T. P., Casassola, I., Santos, L. G., Cocco, M., Martins, J. L. R., Schaefe, P. C., & Badke, M. R. T. (2010). Leptospirose bovina: aumento na incidência da Leptospira interrogans sorovar butembo no rebanho do Estado de Santa Catarina, Brasil. Acta Veterinaria Brasilica, 4(4), 294–297. Topazio, J., Tonin, A. A., Machado, G., Noll, J. C. G., Ribeiro, A., Moura, A. B., Carmo, G. M., Grosskopf, H. M., Martins, J. L. R., & Badke, M. R. T. (2015). Antibodies to Leptospira interrogans in goats and risk factors of the disease in Santa Catarina (West side), Brazil. Research in Veterinary Science, 99, 53–57. Tremori, T. M., & Rocha, N. S. (2013). Exame do corpo de delito na Perícia Veterinária (ensaio). Revista de Educação Continuada em Medicina Veterinária e Zootecnia do CRMV-SP, 11(3), 30–35. Urzêda, M., Ribeiro, P. G. M., Nascente, E. P., Espíndola, W. R., Teodoro, J. V. S., Gonçalves, G. B., Carneiro, Y. F., & Souza, W. J. (2020). Soroprevalência de leptospirose em fêmeas bovinas na microrregião do Vale Do Rio Dos Bois, Goiás, Brasil. Brazilian Journal of Development, 6(9), 69614–69622. Vallim, D. C., Barroso Hofer, C., Lisbôa, R. de C., Barbosa, A. V., Rusak, L. A., Reis, C. M. F., & Hofer, E. (2015). Twenty years of Listeria in Brazil: Occurrence of Listeria species and Listeria monocytogenes serovars in food samples in Brazil between 1990 and 2012. BioMed Research International, 2015. Vasconcelos, C. H., Fonseca, F. R., Lise, M. L. Z., & Arsky, M. (2012). Fatores ambientais e socioeconômicos relacionados à distribuição de casos de leptospirose no Estado de Pernambuco, Brasil, 2001-2009. Caderno de Saúde Coletiva, 20(1), 49–56. Viana, K. F., & Zanini, M. S. (2009). Perfil de produtores frente à vacinação contra doenças infecciosas abortivas em rebanhos bovinos do município de Alegre/ES. Archives of Veterinary Science, 14(2), 103–108. Vitas, A. I., & Garcia-Jalon, V. A. E. I. (2004). Occurrence of Listeria monocytogenes in fresh and processed foods in Navarra (Spain). International Journal of Food Microbiology, 90(3), 349–356. (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)

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)

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)

According to the extended cognition thesis, an agent’s cognitive system can sometimes include extracerebral components amongst its physical constituents. Here, we show that such a view of cognition has an unjustifiably anthropocentric focus, for it tends to depict cognitive extensions as a human-only affair. In contrast, we will argue that if human cognition extends, then the cognition of many non-human animals extends too, for many non-human animals rely on the same cognition-extending strategies humans rely on. To substantiate this claim, we (...) will proceed as follows. First (Sect. 1), we will introduce the extended cognition thesis, exposing its anthropocentric bias. Then, we will show that humans and many non-human animals rely on the same cognition-extending strategies. To do so, we will discuss a variety of case studies, including “intrabodily” cognitive extensions such as the spinal cord (Sect. 2), the widespread reliance on epistemic actions to solve cognitive tasks (Sect. 3) and cases of animal cognitive offloading (Sect. 4). We’ll then allay some worries our claim might raise (Sect. 5) to then conclude the paper (Sect. 6). (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)

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)

In this paper, we argue that scientists working on the animal morality debate have been operating with a narrow view of morality that prematurely limits the variety of moral practices that animals may be capable of. We show how this bias can be partially corrected by paying more attention to the touch behaviours of animals. We argue that a careful examination of the ways in which animals engage in and navigate touch interactions can shed new light on current debates (...) on animal morality, like the study of consolation behaviour, while also revealing further forms that animal morality may take and that have been neglected so far, like capacities of tolerance or trust. This defence is structured as an analysis of the three main functions of touch: the discriminative function, the affiliative function, and the vigilance function. (shrink)

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

‘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)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended (...) by its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...) and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (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)

This book provides an overview of the current debates about the nature and extent of our moral obligations to animals. Which, if any, uses of animals are morally wrong, which are morally permissible and why? What, if any, moral obligations do we, individually and as a society, have towards animals and why? How should animals be treated? Why? We will explore the most influential and most developed answers to these questions – given by philosophers, scientists, and animal advocates and (...) their critics – to try to determine which positions are supported by the best moral reasons. (shrink)

Animals, the beautiful creatures of God in the Stoic and especially in Porphyry’s sense, need to be treated as rational. We know that the Stoics ask for justice for all rational beings, but there is no significant proclamation from their side that openly talks in favour of animal justice. They claim the rationality of animals but do not confer any rights to human beings. The later Neo-Platonist philosopher Porphyry magnificently deciphers this idea in his writing On Abstinence from (...) class='Hi'>Animal Food. Aristotle’s successor Theophrastus thinks that both animals and humans are made up of the same tissues, and like a human, animals also have the same way of perception, reasoning and appetites. My next effort would be to decipher how Porphyry illustrates Theophrastus’ perspective not in the way (the technical theory of justice) the Stoics argued. Porphyry’s stance seems more humanistic that looks for the pertinent reasons for treating animal rights from the contention of justice that Aristotle, in his early writings, defied since animals can deal with reasons. The paper highlights how much we could justificatorily demand empathetic concern for animals from the outlook of the mentioned Greek thinkers and the modern animal rights thinkers as quasi-right of animals, even if my position undertakes the empathetic ground for animals in an undeserving humanitarian way. (shrink)

Like any broad narrative about the history of ideas, this one involves a number of simplifications. My hope is that by taking a closer look Spinoza's notorious remarks on animals, we can understand better why it becomes especially urgent in this period as well as our own for philosophers to emphasize a distinction between human and nonhuman animals. In diagnosing the concerns that give rise to the desire to dismiss the independent purposes of animals, we may come to focus on (...) a new aspect of what needs to change about contemporary thinking on species divisions. In what follows, I will bring out Spinoza's contradictory and ambivalent remarks pertaining to the specific differences between humans and animals. It is my suspicion that this ambivalence continues to plague us today. Like Spinoza, we want to say that humans are like and unlike animals. As a simply descriptive claim, it may be true and innocuous. Yet, the way we affirm our proximity and distance from nonhuman animals requires careful attention. Spinoza viewed this proximity as a source of danger. We might do well to emphasize, with thinkers such as Donna Haraway (2003),how our proximity and difference are also sources of pleasure and power, both to be able to enjoy the affectionate bond that can often develop between humans and our animal companions but also to quell the anxiety that might encourage us to exploit and abuse them. (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)

Higher-order thought theories maintain that consciousness involves the having of higher-order thoughts about mental states. In response to these theories of consciousness, an attempt is often made to illustrate that nonhuman animals possess said consciousness, overlooking an alarming consequence: attributing higher-order thought to nonhuman animals might entail that they should be held morally accountable for their actions. I argue that moral responsibility requires more than higher-order thought: moral agency requires a specific higher-order thought which concerns a belief about the rightness (...) or wrongness of affecting another’s mental states. This “moral thought” about the rightness or wrongness is not yet demonstrated in even the most intelligent nonhuman animals, thus we should suspend our judgments about the “rightness” or “wrongness” of their actions while further questioning the recent insistence on developing an animal morality. (shrink)

Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary by (...) Alyssa Bernstein and Christoph Hanisch. In response to Bernstein, I clarify the relation between our interpretation of Kant and those proposed by John Rawls and Allen Wood. In response to Hanisch, I argue, among other things, that Kant’s defense of the thesis that the Moral Law is an a priori principle of pure practical reason does not mean that practical reasoning and reasons-based action are impossible without it. It means rather that _morally good_ and _morally evil_ reasons-based action are impossible without it. (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)

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)

Animals who live in cities must coexist with us. They are, as a result, entitled to the conditions of their flourishing. This article argues that, as the boundaries of cities and urban areas expand, the boundaries of our conception of captivity should expand too. Urbanization can undermine animals’ freedoms, hence their ability to live good lives. I draw the implications of an account of “pervasive captivity” against the background of the Capabilities Approach. I construe captivity, including that of urban animals, (...) as affecting a range of animal capabilities, understood as freedoms, and I address some tensions within Nussbaum’s treatment of human-animal conflicts. Using the Capabilities Approach as a guide, I will attempt to motivate a convergence between habitat preservation in urbanized environments, urban design guided by justice, and the individual freedoms of animals. (shrink)

Could emotions be a uniquely human phenomenon? One prominent theory in emotion science, Lisa Feldman Barrett’s “Theory of Constructed Emotion” (TCE), suggests they might be. The source of the sceptical challenge is that TCE links emotions to abstract concepts tracking socio-normative expectations, and other animals are unlikely to have such concepts. Barrett’s own response to the sceptical challenge is to relativize emotion to the perspective of an interpreter, but this is unpromising. A more promising response may be to amend the (...) theory, dropping the commitment to the abstract nature of emotion concepts and allowing that, like olfactory concepts, they have disjunctive sensory groundings. Even if other animals were emotionless, this would not imply they lack morally significant interests. Unconceptualized valenced experiences are a sufficient basis for morally significant interests, and such experiences may occur even in the absence of discrete, constructed emotions. (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)

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)

the animal self: from Eden to Apocalypse and after.

How does consciousness vary across the animal kingdom? Are some animals ‘more conscious’ than others? This article presents a multidimensional framework for understanding interspecies variation in states of consciousness. The framework distinguishes five key dimensions of variation: perceptual richness, evaluative richness, integration at a time, integration across time, and self-consciousness. For each dimension, existing experiments that bear on it are reviewed and future experiments are suggested. By assessing a given species against each dimension, we can construct a consciousness profile (...) for that species. On this framework, there is no single scale along which species can be ranked as more or less conscious. Rather, each species has its own distinctive consciousness profile. (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)

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)