Animal law

Сентябрь 11, 2022

Содержание

2. Three philosophical approaches: Question: Assuming that we have moral duties towards animals, what is the nature
3. Indirect Theories: main standpoints Animals cannot be subjects of moral consideration Animals are not morally valuable
4. Indirect Theories: Worldview/Religious Theories Cartesian Theory Kantian Theory Contractualist Theories.
5. Worldview/Religious Theories Aristotle (384-322 BCE): there is a natural hierarchy of living beings, where the inferior
6. Aristotle "Plants exist for the sake of animals, and brute beasts for the sake of man"
7. Thomas Aquinas "It matters not how man behaves to animals, because God has subjected all things
8. Cartesian Theories René Descartes (1596-1650): Animals are mechanisms, which can act as if they were conscious,
9. Kantian Theory Immanuel Kant (1724-1804): Only humans, driven by moral impulses, can stand back of own
10. Kantian Theory (2) "So far as animals are concerned, we have no direct duties. Animals are
11. Contractualist Theories John Rawls (1921-2002): the best conception of a just society is one in which
12. Contractualist Theories (2) Rawls has his imagined contractors be largely self-interested: Each person's goal is to
13. Contractualist Theories (3) Peter Carruthers has observed that the application of Rawls’ contractualist theory to animals
14. Direct but Unequal Theories Why animals have direct moral status Why animals are not equal to
15. Why animals have direct moral status If a being is sentient then it has moral status
16. Why animals are not equal to human beings Only human beings have rights Only human beings
17. Moral Equality Theories Singer (Peter Singer, b. 1946) influenced by Jeremy Bentham Regan (Tom Regan, b.
18. Jeremy Bentham (1748-1832) “The question is not, Can they reason? nor, Can they talk? but, Can
19. Singer’s ladder If only human beings are given certain rights it means that human beings possess
20. Regan: Case for animal rights Tom Regan is influenced by Kant but doesn’t focus his theory
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Three philosophical approaches:
Question: Assuming that we have moral duties towards animals,

what is the nature of those duties?
Indirect theories
Direct, but unequal theories
Moral equality theories.

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Indirect Theories: main standpoints
Animals cannot be subjects of moral consideration
Animals are

not morally valuable by themselves
Animals, however, are to be treated well, because otherwise the humans would suffer
It is an anthropocentric approach (based on human interests)

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Indirect Theories:
Worldview/Religious Theories
Cartesian Theory
Kantian Theory
Contractualist Theories.

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Worldview/Religious Theories
Aristotle (384-322 BCE): there is a natural hierarchy of living

beings, where the inferior serves the needs of the superior
Thomas Aquinas (1225-1274): if a being cannot direct own actions (animals), others (humans) must do it
Food chain theory: if one eats another, it is natural that the weaker one is an instrument for the stronger one

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Aristotle
"Plants exist for the sake of animals, and brute beasts for

the sake of man"
Aristotle, Politics

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Thomas Aquinas
"It matters not how man behaves to animals, because God

has subjected all things to man's power"
Thomas Aquinas, Summa Theologica

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Cartesian Theories
René Descartes (1596-1650):
Animals are mechanisms, which can act as if

they were conscious, while they are not
This is because for Descartes there is an absolute separation between mind and body (dualism), and since animals don't have language, they cannot have a mind (or a soul)
So they are only bodies without mind, and when they are destroyed they don't really suffer. Their screams of pain and terror are just like the noise produced by a machine that breaks

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Kantian Theory
Immanuel Kant (1724-1804):
Only humans, driven by moral impulses, can stand

back of own desires, so only humans have will.
Animals do not have will, neither bad or good, so they do not have any intrinsic value.
Animals are to be treated well only because otherwise the human being is harmed.
Our duties towards animals are merely indirect duties towards humanity.

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Kantian Theory (2)
"So far as animals are concerned, we have no

direct duties. Animals are not self-conscious, and are there merely as a means to an end. That end is man"
Kant, Lectures on ethics

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Contractualist Theories
John Rawls (1921-2002):
the best conception of a just society is

one in which the rules governing that society are rules that would be chosen by individuals from behind a veil of ignorance. The veil of ignorance is a hypothetical situation in which individuals do not know any particular details about themselves, such as their sex, age, race, intelligence, abilities, etc.

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Contractualist Theories (2)
Rawls has his imagined contractors be largely self-interested:
Each

person's goal is to select the rules that will benefit them the most.
Since they do not know who exactly they are, they will not choose rules that benefit any one individual, or segment of society, over another (since they may find themselves to be in the harmed group).
Instead, they will choose rules that protect, first and foremost, rational, autonomous individuals.
Can this theory be applied to our relations with animals?

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Contractualist Theories (3)
Peter Carruthers has observed that the application of Rawls’

contractualist theory to animals has an important limitation:
The contractors are self-interested, but do not know who they are: so they will accept rules that protect rational individuals.
However, the contractors know enough about themselves to know that they are not animals.
They will not adopt rules that give special protection to animals, therefore, since this would not further their self-interest.
The result is that rational human beings will be directly protected, while animals will not.

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Direct but Unequal Theories
Why animals have direct moral status
Why animals are

not equal to human beings:
Only human beings have rights
Only human beings are rational, autonomous and self-conscious
Only human beings can act morally
Only human beings are part of moral community

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Why animals have direct moral status
If a being is sentient then

it has moral status
(Most) animals are sentient
Therefore (most) animals have direct moral status

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Why animals are not equal to human beings
Only human beings have

rights
Only human beings are rational, autonomous and self-conscious
Only human beings can act morally
Only human beings are part of moral community

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Moral Equality Theories
Singer (Peter Singer, b. 1946)
influenced by Jeremy Bentham
Regan (Tom

Regan, b. 1938)
influenced by Kant

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Jeremy Bentham (1748-1832)
“The question is not, Can they reason? nor, Can

they talk? but, Can they suffer?”
Jeremy Bentham, Introduction to the Principles of Morals and Legislation

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Singer’s ladder
If only human beings are given certain rights it means

that human beings possess some particular quality (-es) P (Consciousness? Memory? Self-judgment? Creativity? Abstract thinking?)
Some human beings lack P
Many animals have P
Therefore:
Not every human being should be a subject of moral consideration (impossible) or
Animals deserve moral consideration.

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Regan: Case for animal rights
Tom Regan is influenced by Kant but

doesn’t focus his theory on rationality as the condition for respect
The proof is that we respect human beings who are not rational (like infants or the mentally impaired)
Every living being has intrinsic value because it has a life and the right to live it
Every being who has an intrinsic value deserves respect and cannot be used as an instrument for others
Marginal cases

Animal law

Содержание

Three philosophical approaches:Question: Assuming that we have moral duties towards animals,

Indirect Theories: main standpointsAnimals cannot be subjects of moral considerationAnimals are

Indirect Theories:Worldview/Religious TheoriesCartesian TheoryKantian TheoryContractualist Theories.

Worldview/Religious TheoriesAristotle (384-322 BCE): there is a natural hierarchy of living

Aristotle"Plants exist for the sake of animals, and brute beasts for

Thomas Aquinas"It matters not how man behaves to animals, because God

Cartesian TheoriesRené Descartes (1596-1650):Animals are mechanisms, which can act as if

Kantian TheoryImmanuel Kant (1724-1804):Only humans, driven by moral impulses, can stand

Kantian Theory (2)"So far as animals are concerned, we have no

Contractualist TheoriesJohn Rawls (1921-2002):the best conception of a just society is

Contractualist Theories (2)Rawls has his imagined contractors be largely self-interested: Each

Contractualist Theories (3)Peter Carruthers has observed that the application of Rawls’

Direct but Unequal TheoriesWhy animals have direct moral statusWhy animals are

Why animals have direct moral statusIf a being is sentient then

Why animals are not equal to human beingsOnly human beings have

Moral Equality TheoriesSinger (Peter Singer, b. 1946) influenced by Jeremy BenthamRegan (Tom

Jeremy Bentham (1748-1832)“The question is not, Can they reason? nor, Can

Singer’s ladderIf only human beings are given certain rights it means

Regan: Case for animal rightsTom Regan is influenced by Kant but

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