tag:blogger.com,1999:blog-70390400015781614782024-02-20T17:25:43.614-08:00Tom Regan's essay "Empty Cages: Animal Rights and Vivisection"Unknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7039040001578161478.post-51504565084523158642012-07-07T10:36:00.000-07:002013-07-28T18:46:31.688-07:00<br />
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<span style="font-size: small;"><b>EMPTY CAGES</b></span></div>
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<span style="font-size: small;"><b>Animal Rights and Vivisection</b></span></div>
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<span style="font-size: small;">by</span></div>
<div align="center" class="MsoBodyText2" style="font-family: inherit; text-align: center; text-indent: 0in;">
<span style="font-size: small;">Tom Regan</span></div>
<div align="center" class="MsoBodyText2" style="font-family: inherit; text-align: center; text-indent: 0in;">
<span style="font-size: small;"><b>from <i>Debating Matters –</i></b></span></div>
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<span style="font-size: small;"><b><i>Animal Experimentation: </i></b></span></div>
<div align="center" class="MsoBodyText2" style="font-family: inherit; text-align: center; text-indent: 0in;">
<span style="font-size: small;"><b><i>Good or Bad</i></b><b>? (2002)<br />
</b></span><span style="font-size: small;">(available from <a href="http://www.amazon.co.uk/">http://www.amazon.co.uk/</a>)</span></div>
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<span style="font-size: small;"><b><a href="http://www.amazon.co.uk/exec/obidos/search-handle-url/index=books-uk&field-author=Ryder%2C%20Richard/026-0875256-5552405">Richard
Ryder</a>, <a href="http://www.amazon.co.uk/exec/obidos/search-handle-url/index=books-uk&field-author=Matfield%2C%20Mark/026-0875256-5552405">Mark
Matfield</a>, <a href="http://www.amazon.co.uk/exec/obidos/search-handle-url/index=books-uk&field-author=Derbyshire%2C%20Stuart/026-0875256-5552405">Stuart
Derbyshire</a>, <a href="http://www.amazon.co.uk/exec/obidos/search-handle-url/index=books-uk&field-author=Regan%2C%20Tom/026-0875256-5552405">Tom
Regan</a></b></span></div>
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<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;">Animals are used
in laboratories for three main purposes: education, product safety testing, and
experimentation, medical research in particular. Unless otherwise indicated, my
discussion is limited to their use in harmful, nontherapeutic medical research
(which, for simplicity, I sometimes refer to as “vivisection”). Experimentation
of this kind differs from therapeutic experimentation, where the intention is to
benefit the subjects on whom the experiments are conducted. In harmful,
nontherapeutic experimentation, by contrast, subjects are harmed in the absence
of any intended benefit for them; instead, the intention is to obtain
information that might ultimately lead to benefits for others. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Human beings,
not only nonhuman animals, have been used in harmful, nontherapeutic
experimentation. In fact, the history of medical research contains numerous
examples of human vivisection, and it is doubtful whether the ethics of animal
vivisection can be fully appreciated apart from the ethics of human
vivisection. Unless otherwise indicated, however, the current discussion of
vivisection, and my use of the term, are limited to harmful, nontherapeutic
experimentation using nonhuman animals. </span></div>
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<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;"><b><br /></b></span>
<span style="font-size: small;"><b>The Benefits Argument</b></span></div>
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<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">There is only
one serious moral defense of vivisection. That defense proceeds as follows.
Human beings are better off because of vivisection. Indeed, we are <i>much</i>
better off because of it. If not all, at least most of the most important
improvements in human health and longevity are indebted to vivisection.
Included among the advances often cited are open heart surgery, vaccines (for
polio and small pox, for example), cataract and hip replacement surgery, and
advances in rehabilitation techniques for victims of spinal cord injuries and
strokes. Without these and the many other advances attributable to vivisection,
proponents of the Benefits Argument maintain, the incidence of human disease,
permanent disability, and premature death would be far, far greater than it is
today. </span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">Defenders of the
Benefits Argument are not indifferent to how animals are treated. They agree
that animals used in vivisection sometimes suffer, both during the research
itself and because of the restrictive conditions of their life in the
laboratory. That the research can harm animals, no reasonable person will
deny. </span><span style="font-family: inherit;">Experimental procedures include
drowning, suffocating, starving, and burning; blinding animals and destroying
their ability to hear; damaging their brains, severing their limbs, crushing
their organs; inducing heart attacks, ulcers, paralysis, seizures; forcing them
to inhale tobacco smoke, drink alcohol, and ingest various drugs, such as
heroine and cocaine. </span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">These harms are
regrettable, vivisection’s defenders acknowledge, and everything that can be
done should be done to minimize animal suffering. For example, to prevent
overcrowding, animals should be housed in larger cages. But (so the argument
goes) there is no other way to secure the important human health benefits that
vivisection yields so abundantly, benefits that greatly exceed any harms that
animals endure.</span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><b>What the Benefits Argument Omits</b></span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Any argument
that rests on comparing benefits and harms must not only state the benefits
accurately; it must also do the same for the relevant harms. Advocates of the
Benefits Argument fail on both counts.
Independent of their lamentable tendency to minimize the harms done to
animals and their fixed resolve to marginalize non animal alternatives,
advocates overestimate the human benefits attributable to vivisection and all
but ignore the massive human harms that are an essential part of vivisection’s
legacy. Even more fundamentally, they uniformly fail to provide an intelligible
methodology for comparing benefits and harms across species. I address each of
these three failures in turn. (For a fuller critique, see my contribution to <i>The
Animal Rights Debate</i>. New York, London: Rowman & Littlefield, 2001).</span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">1. Concerning
the overestimation of benefits: Proponents of the Benefits Argument would have
us believe that most of the truly important improvements in human health could
not have been achieved without vivisection. The facts tell a different story.
Public health scholars have shown that animal experimentation has made at best
only a modest contribution to public health. By contrast, the vast majority of
the most important health advances have resulted from improvements in living
conditions (in sanitation, for example) and changes in personal hygiene and
lifestyle, none of which has anything to do with animal experimentation. (For a
summary of the relevant literature, see Hugh Lafollette and Niall Shanks, <i>Brute
Science: Dilemmas of Animal Experimentation. </i>London: Routledge, 1996).</span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">2. Concerning
the failure to attend to massive human harms: Advocates of the Benefits
Argument conveniently ignore the hundreds of millions of deaths and the
uncounted illnesses and disabilities that are attributable to reliance on the
“animal model” in research. Sometimes the harms result from what reliance on
vivisection makes available; sometime they result from what reliance on
vivisection prevents. The deleterious effects of prescription medicines is an
example of the former. </span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">Prescription
drugs are first tested extensively on animals before being made available to
consumers. As is well known, there are problems involved in extrapolating
results obtained from studies on animal beings to human beings. In particular,
many medicines that are not toxic for test animals prove to be highly toxic for
human beings. How toxic? It is estimated that one hundred thousand Americans
die and some two million are hospitalized annually because of the harmful
effects of the prescription drugs they are taking. That makes prescription
drugs the fourth leading cause of death in America, behind only heart disease,
cancer, and stroke, a fact that, without exception, goes unmentioned by the
Benefits Argument’s advocates.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Massive harm to
humans also is attributable to what reliance on vivisection prevents. The role
of cigarette smoking in the incidence of cancer is a case in point. As early as
the 1950s, human epidemiological studies revealed a causal link between
cigarette smoking and lung cancer. Nevertheless, repeated efforts, made over
more than 50 years, rarely succeeded in inducing tobacco related cancers in
animals. Despite the alarm sounded by public health advocates, governments
around the world for decades refused to mount an educational campaign to inform
smokers about the grave risks they were running. Today, one in every five
deaths in the United States is attributable to the effects of smoking, and
fully 60 percent of direct health care costs in the United States go to
treating tobacco-related illnesses. </span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">How much of this
massive human harm could have been prevented if the results of vivisection had
not (mis)directed government health care policy? It is not clear that anyone
knows the answer beyond saying, “A great deal. More than we will ever know.”
One thing we do know, however: advocates of the Benefits Argument contravene
the logic of their argument when they fail to include these harms in their
defense of vivisection.</span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;">3. Not to go
unmentioned, finally, is the universal failure of vivisection’s defenders to
explain how we are to weigh benefits and harms across species. Before we can
judge that vivisection’s benefits for humans greatly exceed vivisection’s harms to other animals, someone
needs to explain how the relevant comparisons should be made. How much animal
pain equals how much human relief from a drug that was tested on animals, for
example? It does not suffice to say, to quote the American philosopher Carl
Cohen (Cohen is the world’s leading defender of the Benefits Argument), that
“the suffering of our species does seem somehow to be more important than the
suffering of other species” (<i>The Animal Rights Debate</i>, op. cit.: p.
291). Not only does this fail to explain how much more important our suffering
is supposed to be, it offers no reason why anyone should think that it is. </span><br />
<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;">Plainly, unless
or until those who support the Benefits Argument offer an intelligible
methodology for comparing benefits and harms across species, the claim that
human benefits derived from vivisection greatly exceed the harms done to animals
is more in the nature of unsupported ideology than demonstrated fact. (I note,
parenthetically, that this challenge must be met by any contributor to this
volume who uses this argument; if they fail to provide the necessary
methodology, the thoughtful reader will place no credence in what they say).</span><br />
<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><b>Human Vivisection and Human Rights</b></span><br />
<span style="font-size: small;"><b><br /></b></span></div>
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<span style="font-size: small;"><br /></span></div>
<div class="MsoNormal" style="font-family: inherit; text-align: left; text-indent: 0.5in;">
<span style="font-size: small;">The Benefits Argument suffers from an even more
fundamental defect. Despite appearances to the contrary, the argument begs all
the most important questions; in particular, it fails to address the role that
moral rights play in assessing harmful, nontherapeutic research on animals. The
best way to understand its failure in this regard is to position the argument
against the backdrop of human vivisection and human rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Human beings
have been used in harmful, nontherapeutic experiments for thousands of years.
Not surprisingly, most human “guinea pigs” have not come from the wealthy and
educated, not from the dominant race, not from those with the power to assert
and enforce their rights. No, most of human vivisection’s victims have been
coercively conscripted from the ranks of young children (especially orphans),
the elderly, the severely developmentally disabled, the insane, the poor, the
illiterate, members of “inferior” races, homosexuals, military personnel,
prisoners of war, and convicted criminals, for example. One such case will be
considered below.</span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">The scientific
rationale behind vivisecting human beings needs little explanation. Using human
subjects in research overcomes the difficulty of extrapolating results from
another species to our species. If “benefits for humans” establishes the
morality animal vivisection, should we favor human vivisection instead? After
all, research using members of our own species promises even greater benefits.</span><br />
<br />
<br />
<span style="font-size: small;">No serious advocate of human rights (and I
count myself among this number) can support such research. This judgment is not
capricious or arbitrary; it is a necessary consequence of the logic of basic
moral rights, including our rights to bodily integrity and to life. This logic
has two key components. (For a more complete discussion of rights, see my <i>The
Case for Animal Rights</i>. Berkeley, CA: University of California Press,
1983).</span><br />
<span style="font-size: small;"><br /></span></div>
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</div>
<div class="MsoBodyTextIndent2" style="font-family: inherit; line-height: normal; text-align: left;">
<span style="font-size: small;">First,
possession of these rights confers a unique moral status. Those who possess
these rights have a kind of protective moral shield, an invisible "No
Trespassing" sign, so to speak, that prohibits others from injuring their
bodies, taking their life, or putting them at risk of serious harm, including
death. When people violate our rights, when they “trespass on our moral
property,” they do something wrong to us directly.</span><br />
<span style="font-size: small;"><br /></span>
<br />
<span style="font-size: small;">This does not mean that it must be wrong to
hurt someone or even to take their life. When terrorists exceed their rights by
violating ours, we act within our rights if we respond in ways that can cause
serious harm to the violators. Still, what we are free to do when someone
violates our rights does not translate into the freedom to override their
rights without justifiable cause.</span><br />
<span style="font-size: small;"><br /></span>
<br />
<span style="font-size: small;">Second, the
obligation to respect others’ rights to bodily integrity and to life trumps any
obligation we have to benefit others.
Even if society in general would
benefit if the rights of a few people were violated, that would not make
violating their rights morally acceptable to any serious defender of human
rights. The rights of the individual are not to be sacrificed in the name of
promoting the general welfare. This is what it means to affirm our rights. It
is also why the basic moral rights we possess, as the individuals we are, have
the great moral importance that they do. </span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><b>Why the Benefits Argument Begs the Question</b> </span><br />
<br />
<br />
<span style="font-size: small;">Once we understand why, given the logic of
moral rights, respect for the rights of individuals takes priority over any
obligation we might have to benefit others, we can understand why the Benefits
Argument fails to justify vivisection on nonhuman animals. Clearly, all that
the Benefits Argument <i>can</i> show is that vivisection on nonhuman animals
benefits human beings. What this argument <i>cannot</i> show is that
vivisecting animals for this purpose is morally justified. And it cannot show
this because the benefits humans derive from vivisection are irrelevant to the
question of animals’ rights. We cannot show that animals have no right to life,
for example, because we benefit from using them in experiments that take their
life.</span><br />
<span style="font-size: small;"><br /></span>
<br />
<span style="font-size: small;">It will not suffice here for advocates of the
Benefits Argument to insist that “there are no alternatives” to vivisection
that will yield as many human benefits. Not only is this reply more than a
little disingenuous, since the greatest impediment to developing new
scientifically valid non animal alternatives, and to using those that already
exist, is the hold that the ideology of vivisection currently has on medical
researchers and those who fund them. In addition, this reply fails to address
the substantive moral issues. <i>Whether</i> animals have rights is not a
question that can be answered by saying how much vivisection benefits human
beings. No matter how great the human benefits might be, the practice is
morally wrong if animals have rights that vivisection violates.</span><br />
<br />
<br />
<span style="font-size: small;">But <i>do</i> animals have any rights? The best
way to answer this question is to begin with an actual case of human
vivisection.</span></div>
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<span style="font-size: small;">The
Children of Willowbrook</span></div>
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<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;">Willowbrook State Hospital was a mental
hospital located in Staten Island, one of New York City’s five boroughs. For
fifteen years, from 1956 to 1971, under the leadership of New York University
Professor Saul Krugman, hospital staff conducted a series of viral hepatitis
experiments on thousands of the hospital’s severely retarded children, some as
young as three years old. Among the research questions asked: Could injections
of gamma globulin (a complex protein extracted from blood serum) produce long
term immunity to the hepatitis virus? </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoNormal" style="font-family: inherit; text-align: left; text-indent: 0.5in;">
<span style="font-size: small;">What better way to find the answer, Dr. Krugman
decided, than to separate the children in one of his experiments into two
groups. In the one, children were fed the live hepatitis virus and given an
injection of gamma globulin, which Dr. Krugman believed would produce immunity;
in the other, children were fed the virus but received no injection. In both
cases, the virus was obtained from the feces of other Willowbrook children who
suffered from the disease. Parents were asked to sign a release form that would
permit their children to be “given the benefit of this new preventive.” </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoNormal" style="font-family: inherit; text-align: left; text-indent: 0.5in;">
<span style="font-size: small;">The results of the experiment were instrumental
in leading Dr. Krugman to conclude that hepatitis is not a single disease
transmitted by a single virus; there are, he confirmed, at least two distinct
viruses that transmit the disease, what today we know as hepatitis A and
hepatitis B. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoNormal" style="font-family: inherit; text-align: left; text-indent: 0.5in;">
<span style="font-size: small;">Everyone agrees that many people have benefited
from this knowledge and the therapies Dr. Krugman’s research made possible.
Some question the necessity of his research, citing the comparable findings
that Baruch Blumberg made by analyzing blood antigens in his laboratory, where
no children were put at risk of grievous harm. But even if we assume that Dr.
Krugman’s results could not have been achieved without experimenting on his
uncomprehending subjects, what he did was wrong. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoNormal" style="font-family: inherit; text-align: left; text-indent: 0.5in;">
<span style="font-size: small;">The purpose of his research, after all, was not
to benefit each of the children. If that was his objective, he would not have
withheld injections of gamma globulin
from half of them. <i>Those</i> children certainly could not be counted among
the intended beneficiaries. (Thus the misleading nature of the parental release
form: not <i>all </i>the children were “given the benefit of this new
preventive”). Instead, the purpose of the experiment was possibly to benefit
some of the children (the ones who received the injections) and to gain
information that would benefit other people in the future.</span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyTextIndent2" style="font-family: inherit; line-height: normal; text-align: left;">
<span style="font-size: small;">No
serious advocate of human rights can accept the moral propriety of Dr.
Krugman’s actions. By intentionally infecting all the children in his
experiment, he put each of them at risk of serious harm. And by withholding the
suspected means of preventing the disease from half the children, he violated
their rights (not to mention those of their parents) twice over: first, by
willfully injuring their body; second, by risking their very life. This
grievous breach of ethics finds no justification in the benefits others
derived. To violate the moral rights of the few is never justified by adding
the benefits for the many. </span><br />
<span style="font-size: small;"><br /></span></div>
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<span style="font-size: small;"><br /></span></div>
<div style="font-family: inherit; text-align: left;">
<span style="font-size: small;">The
Basis of Human Rights</span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Those who deny
that animals have rights frequently emphasize the uniqueness of human beings.
We not only write poetry and compose symphonies, read history and solve math
problems; we also understand our own mortality and make moral choices. Other
animals do none of these things. That is why we have rights and they do not. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">This way of
thinking overlooks the fact that many human beings do not read history or solve
math problems, do not understand their own mortality or make moral choices. The
profoundly retarded children Dr. Krugman used in his research are a case in
point. If possession of the moral rights to bodily integrity and life depended
on understanding one’s mortality or making moral choices, for example, then
those children lacked these rights. In their case, therefore, there would be no
protective shield, no invisible “No Trespassing” sign that limited what others
were free to do to them. Lacking the protection rights afford, <i>there would
not have been anything about the moral status of the children themselves </i>that
prohibited Dr. Krugman from injuring their bodies, taking their life, or
putting them at risk of serious harm. Lacking the protection rights afford, Dr.
Krugman did not—indeed, he could not—have done anything wrong to the children.
Again, this is not a position any serious advocate of human rights can accept. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">But what is
there about those of us reading these words, on the one hand, and the children
of Willowbrook, on the other, that can help us understand how they can have the
same rights we claim for ourselves? Where will we find the basis of our moral
equality? Not in the ability to write poetry, make moral choices, and the like.
Not in human biology, including facts about the genetic make-up humans share.
All humans are (in some sense) biologically the same. But biological facts are
indifferent to moral truths. Who has what genes has no moral relevance to who
has what rights. Whatever else is in doubt, this we know.</span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">But if not in
some advanced cognitive capacity or genetic similarity, then where might we
find the basis of our equality? Any plausible answer must begin with the
obvious: The differences between the children of Willowbrook and those who read
these words are many and varied. We do not denigrate these children when we say
that our life has a richness that theirs lacked. Few among us would trade our
life for theirs, even if we could. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Still, as
important as these differences are, they should not obscure the similarities.
For, like us, these children were the <i>subjects of a life</i>, <i>their</i>
life, a life that was experientially better or worse for the child whose life
it was. Like us, each child was a unique somebody, not a replaceable something.
True, they lacked the ability to read and to make moral choices, for example.
Nevertheless, what was done to these children, both what they experienced and
what they were deprived of, mattered to them, as the individuals they were,
just as what is done to us, when we are harmed, matters to us. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">In this respect,
as the subjects of a life, we and the children of Willowbrook are the same, are
equal. Only in this case, our sameness, our equality is important morally.
Logically, we cannot claim that harms done to us matter morally, but that harms
done to these children do not. Relevantly similar cases must be judged
similarly. This is among the first principles of rational thought, a principle
that has immediate application here. Logically, we cannot claim our rights to
bodily integrity and to life, then deny these same rights in the case of the
children. Without a doubt, the children of Willowbrook had rights, if we do.</span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;"><br /></span></div>
<div style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Why
Animals Have Rights</span></div>
<div class="MsoNormal" style="font-family: inherit; text-align: left; text-indent: 0.5in;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">We routinely
divide the world into animals, vegetables, minerals. Ameba and paramecia are
not vegetables or minerals; they are animals.
No one engaged in the vivisection debate thinks that the use of such
simple animals poses a vexing moral question. By contrast, everyone engaged in
the debate recognizes that using nonhuman primates must be assessed morally.
All parties to the debate, therefore, must “draw a line” somewhere between the
simplest forms of animate life and the most complex, a line that marks the
boundary between those animals that do, and those that do not, matter morally. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">One way to avoid
some of the controversies in this quarter is to follow Charles Darwin’s
lead. When he compares (these are his
words) “the Mental Powers of Man and the Lower Animals,” Darwin restricts his
comparison to humans and nonhuman mammals. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">His reasons for
doing so depend in part on structural considerations. In all essential
respects, these animals are physiologically like us, and we, like them. Now, in
our case, an intact, functioning central nervous system is associated with our
capacity for subjective experience. For example, injuries to our brain or
spinal cord can diminish our sense of sight or touch, or impair our ability to
feel pain or remember. By analogy, Darwin thinks it is reasonable to infer that
the same is true of animals who are most physiologically similar to us. Because
our central nervous system provides the physical basis for our subjective
awareness of the world, and because the central nervous system of other mammals
resembles ours in all the relevant respects, it is reasonable to believe that
their central nervous system provides the physical basis for their subjective
awareness. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Of course, if
attributing subjective awareness to nonhuman mammals was at odds with the
implications of evolutionary theory, or if this made their behavior
inexplicable, Darwin’s position would need to be abandoned. But just the
opposite is true. That these animals are subjectively present in the world,
Darwin understands, is required by evolutionary theory. And far from making
their behavior inexplicable, their behavior is parsimoniously explained by
referring to their mental capacities. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">For example,
these animals enjoy some things and find others painful. Not surprisingly, they
act accordingly, seeking to find the former and avoid the latter. Moreover,
both humans and other mammals share a family of cognitive abilities (we both
are able to learn from experience, remember the past, anticipate the future) as
well as a variety of emotions (Darwin lists fear, jealousy, and sadness). Not
surprisingly, again, these mental capacities play a role in how they behave.
For example, other mammals will behave one way rather than another because they
remember which ways of acting had pleasant outcomes in the past, or because
they are afraid or sad. Concluding his comparison of the mental faculties of
humans and “the higher animals” (by which he means other mammals), Darwin
writes: “[T]he difference in mind between man and the higher animals . . . is
one of degree and not of kind” (<i>The Descent of Man</i>, Chapter IV). </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">The psychological
complexity of mammals (henceforth “animals,” unless otherwise indicated) plays
an important role in arguing for their rights. Just as it is true in our case,
so is it true in theirs: they are the subjects of a life, <i>their</i> life, a
life that is experientially better or worse for the one whose life it is. Each
is a unique somebody, not a replaceable something. True (like the children of
Willowbrook), they lack the ability to read, write, or make moral choices.
Nevertheless, what is done to animals, both what they experience and what they
are deprived of, matters to them, as the individuals they are, just as what was
to done to the children of Willowbrook, when they were harmed, mattered to
them. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">In this respect,
as the subjects of a life, animals are our equals. And in this case, our
sameness, our equality, is important morally. Logically, we cannot maintain
that harms done to us matter morally, but that harms done to animals do not
matter morally. Relevantly similar cases must be judged similarly. As was noted
earlier, this is among the first principles of rational thought, and one that
again has immediate application here. Logically, we cannot claim our rights to
bodily integrity and life, or claim these same rights for the children of
Willowbrook, then deny them when it comes to animals. Without a doubt, animals
have rights, if humans do. </span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><b>Some Objections, Some Replies</b></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">Many are the
objections raised against animal rights. While each is well intended, none
withstands critical examination. It is to be recalled that the rights in
question are the moral rights to bodily integrity and to life. Here, briefly,
are the most important objections and my replies.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">1.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: Animals do not understand what rights are.
Therefore, they have no rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: The children of Willowbrook, all children for
that matter, do not understand what rights are. Yet we do not deny rights in
their case, for this reason. To be consistent, we cannot deny rights for animals,
for this reason.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">2.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: Animals do not respect our rights. For
example, lions sometimes kill innocent people. Therefore, they have no rights. </span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: Children sometimes kill innocent people. Yet we
do not deny rights in their case, for
this reason. To be consistent, we cannot deny rights for animals, for this
reason.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">3.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: Animals do not respect the rights of other
animals. For example, lions kill wildebeests. Therefore, they have no rights. </span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: Children do not always respect the rights of
other children; sometimes they kill them. Yet we do not deny rights in their
case, for this reason. To be consistent, we cannot deny rights for animals, for
this reason.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">4.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: If animals have rights, it follows that we
will need to make arrangements for them to vote, marry, file for divorce, and
immigrate, for example, which is absurd. Therefore, animals have no rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: Yes, this is absurd; but these absurdities do
not follow from claiming rights to life and bodily integrity in the case of
animals any more than they follow from recognizing the rights of the children
of Willowbrook, for example.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">5.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: If animals have rights, then mosquitoes and
roaches have rights. This would make it wrong to kill them, which is absurd.
Therefore, animals have no rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: Not all animals have rights because some
animals do. In particular, neither mosquitoes nor roaches have the kind of
physiological complexity associated with being a subject of a life. In their,
case, therefore, we have no good reason to believe that they have rights, even
while we have abundantly good reason to believe that other animals (mammals in
particular) do.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">6.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: If animals have rights, then so do plants,
which is absurd. </span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.5in; text-align: left; text-indent: 0in;">
<span style="font-size: small;"> Therefore,
animals have no rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 49.5pt; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: “Plant rights” do not follow from animal
rights. We have no reason to believe, and abundant reason to deny, that carrots
and cabbages are subjects of a life. We have abundantly good reason to believe,
and no good reason to deny, that mammals are. That is the morally relevant
difference. In claiming rights for animals, therefore, we are not committed to
claiming rights for plants.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">7.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: Human beings are closer to us than animals
are; we have </span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.5in; text-align: left; text-indent: 0in;">
<span style="font-size: small;"> special
relations to them. Therefore, animals have no rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: We do have special relations to humans that we
do not have to other animals. We also have special relations to our family and
friends that we do not have to other human beings. But we do not conclude that
other humans do not have rights, for this reason. To be consistent, we cannot
deny rights for animals, for this reason.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">8.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: Only human beings live in a moral community
where rights are understood. Therefore, all human beings, and only human
beings, have rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: At least among terrestrial forms of life, only
human beings live in a moral community in which rights are understood. But it
does not follow that only human beings have rights. It is also true that, at
least among terrestrial forms of life, only human beings live in a scientific
community in which genes are understood. But we do not conclude that therefore
only human beings have genes. Neither should we conclude that only human beings
have rights.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: -0.25in;">
<span style="font-size: small;">9.<span style="-moz-font-feature-settings: normal; -moz-font-language-override: normal; font-size-adjust: none; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal;"> </span></span><span style="font-size: small;">Objection: Animals have some rights to bodily
integrity and life, but the rights they have are not equal to human rights.
Therefore, human vivisection is wrong, but animal vivisection is not. </span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;">Reply: This objection begs the question; it does not
answer it. What morally relevant reason is there for thinking that humans have
greater rights than animals? Certainly it cannot be any of the reasons examined
in 1-8. But if not any of them, then what? The argument does not say.</span></div>
<div class="MsoBodyText2" style="font-family: inherit; margin-left: 0.75in; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">The objections
just reviewed have been considered because they are the most important, not
because they are the least convincing. Their failure, individually and
collectively, goes some way towards suggesting the logical inadequacy of the
anti-animal rights position. Morality is not mathematics certainly. In
morality, there are no proofs like those we find in geometry. What we can find,
and what we must live with, are principles and values that have the best
reasons, the best arguments on their side. The principles and values that pass
this test, whether most people accept them or not, are the ones that should
guide our lives. Given this reasonable standard, the principles and values of
animal rights should guide our lives. </span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><b>Conclusion</b></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left; text-indent: 0in;">
<span style="font-size: small;"><br /></span>
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">As was noted at
the outset, animals are used in laboratories for three main purposes:
education, product safety testing, and experimentation, harmful nontherapeutic
experimentation in particular. Of the three, the latter has been the object of
special consideration. However, the implications for the remaining purposes
should be obvious. Any time any animals’ rights are violated in pursuit of
benefits for others, what is done is wrong. It is conceivable that some uses of
animals for educational purposes (for example, having students observe the
behavior of injured animals when they are returned to their natural habitat)
might be justified. By contrast, it is not conceivable that using animals in
product testing can be. Harming animals to establish what is safe for humans is
an exercise in power, not morality. In the moral universe, animals are not our
tasters, we are not their kings. </span><br />
<span style="font-size: small;"><br /></span></div>
<div class="MsoBodyText2" style="font-family: inherit; text-align: left;">
<span style="font-size: small;">The implications
of animal rights for vivisection are both clear and uncompromising. Vivisection
is morally wrong. It should never have begun, and, like all great evils, it
ought to end, the sooner, the better. To reply (again) that “there are no
alternatives” not only misses the point, it is false. It misses the point
because it assumes that the benefits humans derive from vivisection are derived
morally when they are not. And it is false because, apart from using already
existing and developing new non animal research techniques, there is another,
more fundamental alternative to vivisection. This is to stop doing it. When all
is said and done, the only adequate moral response to vivisection is empty
cages, not larger cages.</span></div>
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