abolition

Letter published by WaPo in re: Whole Foods rating system expose article

Nice to get one like this out there in the public eye.

Rating degrees of animal cruelty is the wrong metric

November 29

The Nov. 27 Economy & Business article “Whole Foods turkeys treated inhumanely, animal activists say,” focused on “humane” use of animals as an empirical matter (i.e., can we, practically speaking, provide humane treatment to animal property?), as do many articles on the plight of animals used for human pleasure and convenience. But it failed to question the underlying assumption that it is acceptable to use animals at all. All animals are sentient beings, self-aware and sensate, and so we are obligated to not cause them unnecessary harm. This is the opposite of exploiting them for food, clothing and entertainment, for which any number of harms are routinely inflicted for the sake of “proper” use of the animal, even in the most “humane” operations.

Once we understand that we have no moral justification for putting animals into situations in which the harms we cause them can be graded on a level of severity, we may finally begin to regard animals as members of the moral community and accord them the respect they deserve not to be used as our things in the first place. That starts by going vegan, not by purchasing animal parts highly rated by Whole Foods.

Eric Prescott, Jamaica Plain, Mass.

Decision-making criteria in animal rights advocacy

tl;dr – When setting out to achieve any objective, if you properly understand your desired outcome and what is necessary to achieve it, then you find built-in decision-making criteria for how to make the most effective use of your time. This common sense approach to productivity is roundly ignored by those who support the abolition of institutional animal exploitation but who engage anyway in reformist activities which do not meet the decision-making criteria that derive from an understanding of the aims of abolition–why abolition is the objective and what is required to bring it about.

Preamble

There’s nothing like an impending deadline to help clarify what has to be done right now (with the recent closing on the first home my wife and I had ever purchased, and the subsequent remodel, I can definitely speak to this), but when one is pursuing long-term goals–in the case of animal rights advocacy, very long-term goals–one often needs some help to determine what next actions to take. In anticipation of the upcoming launch of the International Vegan Association, which was occupying a lot of my time outside of work, and the impending closing on our house, I needed to step back and take stock of all my various personal long-term projects and, after determining which were still priorities, I clarified my objectives for those projects so that I could arrive at some decision-making criteria that would help me better determine how best to spend my time in pursuit of those projects. The criteria helped me to be confident that I was focusing only on those activities which would contribute meaningfully to my objectives. If any proposed actions didn’t fully align with my objectives, they were simply dropped off the to-do list. As I took the time to evaluate my plans with this ‘high-altitude’ approach, it occurred to me that there was a useful lesson here for animal advocates.

The conventional wisdom

One of the most disturbing tendencies in the realm of animal advocacy is to downplay or even to criticize theory and critical thinking. Reading books doesn’t ‘help animals,’ the line goes. “They’re suffering while you’re sitting around talking about theory.” “Get off your butts and ‘do something’ for animals.” And many people heed this call. After all, how can doing something to ‘help animals’ be wrong? Besides, it’s a lot easier get volunteers to commit to holding up signs in front of a restaurant or circus, to canvas for signatures, and to distribute pamphlets encouraging people to eat less meat than it is to get them to read and critically think about animal rights ideology.

JDD Protest 09-20-2006 [use for blog to illustrate past activism?]And for the volunteers, hey, it feels kinda good to be ‘doing something,’ even if one is not sure what is being accomplished in the overall scheme of things, other than ‘helping animals.’ Not that people think much about it. I mean, I should know. I held up banners, signed petitions and all that for years before I started thinking about what I was doing and why–how I fit into the big picture and how what I did might contribute to the end of institutional animal exploitation. Eventually I realized that I had been flailing around, playing Whac-A-Mole, never really addressing the underlying problem facing animals. How can we be effective advocates for animals if we don’t understand the fundamental obstacle to meaningfully protecting animals and what is needed to secure that protection? What are we even advocating at that point? I hadn’t even known about the fundamentals of animal rights, much less understood or addressed them in my advocacy. Indeed, once I started educating myself about animal rights, it blew up my understanding of animal advocacy, and I saw more clearly when people in the mainstream ‘animal protection’ movement rejected actual animal rights ideology. It was truly perplexing. And still the vast majority of animal advocacy done on behalf of animals continues as I had experienced–pursuing welfare reforms, regulations, confusing single issue campaigns, and the like. What an extraordinary waste.

Why it doesn’t work

The fact is, most of us simply wouldn’t accept this ‘just do something’ or ‘do anything’ approach in our professional or personal lives if we wanted to be successful, and the reason is simple: we can’t be successful at anything without fully understanding just what success looks like. What is our objective? Is it the right objective? Why? What steps are necessary to achieve that objective? We use this sort of natural planning model in other walks of life, almost taking it for granted as the logical way to get things done, and yet this approach is routinely ignored in animal advocacy. Many activists I’ve talked to about what we should be doing with our time have thought less about our endgame and the actions necessary to achieve it than they’ve ever thought about what it will take to pull off a successful job search or house move.

But if you need a job, to go with that example, you don’t typically just ‘do anything.’ You do that which helps get you gainfully employed. So, logically, you think about what actions are required to achieve that outcome and set about doing them in the order needed to get there. This isn’t to say that everything has to happen in a precise order for all objectives, or that everyone is going to go about getting a job in the exact same way, but clearly updating your resume is going to come very close to the top of your list, and you’re probably not going to add ‘plan vacation’ to your list of actions necessary in order to get a job. You’re going to assess the viability of a job-seeking task based on its relevance to accomplishing your objective, and you’ll surely want to avoid counter-productive activities.

This is not to suggest that abolishing the property status of animals is equivalent to a job search, but it should be clear that, to achieve abolition, there will have to be performed a series of actions directly related to that objective. These actions won’t always have to occur in a specific order (though often there is a best next action), but when we carry out specific tasks or physical actions in the service of our objective, it’s because we have good reason to believe that they will move us toward our objective in a practical and meaningful way. We don’t want to waste our time, nor do we want to work against ourselves by engaging in activities that, for example, reinforce the notion that our sole moral obligation to animals we use is to use them more gently. I’m reminded of the notes I was reviewing how Stephen Covey identified the problem with setting a ladder against a wall and reaching the top only to find the ladder was placed against the wrong wall–you waste precious time and energy only to find that you’ve been working against yourself. If non-abolitionist advocacy does actually offer us steps anywhere, it is up a ladder on the wrong wall.

Unlike the natural planning model, the ‘do anything’ approach fails to provide us with the sort of decision-making criteria we need to understand how best to spend our time in the service of what nearly all of us seem to say we want–the abolition of institutional animal exploitation. ‘Helping animals’ and ‘reducing suffering’ (a key rationale behind many animal protection campaigns), while noble in intent, aren’t concrete objectives. It more or less amounts to ‘Be kind to animals,’ which pretty much every decent person already agrees to anyway. On the other hand, abolishing the property status of animals is a very clear, specific outcome–a measurable one, no less.

Applying the natural planning model to animal rights advocacy

In order to bring about abolition, which most ‘animal protection’ advocates claim to support, there are simply a finite number of things we can do at any given time or in any context in order to make progress toward that outcome. We need direction and focus to take on those most needed actions. Frankly, given the enormity of this objective and the sheer number of things we could be doing at any given moment, the natural planning model should be welcome for its enormously helpful decision-making criteria. It’s quite helpful to have a means for filtering out all the things you could be doing with your time but which wouldn’t necessarily serve your most vital interests in the all-too-brief amount of time we have to make a difference in this world. Not everything we ever do in life has to help us achieve abolition, of course. We have to refresh ourselves sometimes, for example. But these must be conducive to achieving our goals and not work against us. Certainly if we are hoping to achieve any meaningful outcome, then it is necessary to focus on those activities which directly produce progress toward that outcome. Otherwise you’re spinning your wheels, or worse.

Abolitionist animal rights thought would enter the public debate faster and in a more impactful way for animals if all would-be abolitionists together used the same abolitionist decision-making criteria to guide their activities. Hundreds of thousands of volunteers could be marshaled into a more potent force as their work becomes aligned with the objective of abolishing animal use. Simply applying the natural planning model to animal rights advocacy would lead to abolitionist actions. If a potential action conflicted with abolitionist principles, it would simply be avoided. Activities which, by way of not being clearly pro-abolitionist and so fail to challenge the current paradigm, would be avoided as well. That would leave those activities which undermine the property paradigm. And while that leaves plenty of room for creative, vegan advocacy, it also narrows the range of activities and offers the greater strength that comes from focus and clarity of purpose. If, properly understanding our objective, decision-making criteria helps us determine that, yes, a given action aligns with our objective directly (it promotes a consistent abolitionist message), then we know we’re pointed in the right direction and doing work that will meaningfully contribute to our goal of abolition, bringing it that much closer to reality.

This theme runs throughout Prof. Gary Francione’s work <http://www.abolitionistapproach.com/books/#.UxnLdNzUz4g>, making its first extended appearance in Rain Without Thunder: The Ideology of the Animal Rights Movement <http://www.abolitionistapproach.com/books/rain-without-thunder-the-ideology-of-the-animal-rights-movement/>. Francione has long observed an ‘animal protection movement’ comprised of individuals who themselves generally claim to want an end to the abolition of animals’ property status. But what distinguishes the ‘protectionists’ from the abolitionists is that, rather than pursuing means which directly resemble our end of abolition, they–for various reasons Francione describes in Rain Without Thunder–actually reinforce the existing property paradigm by promoting vegetarianism, larger cages or other forms of more ‘humane’ exploitation, and so on, rather than challenging the notion of using animals in the first place. In focusing their resources on animals’ interest in not suffering, animal groups educate people not that they can’t in good conscience use animals, but that animals want to suffer less, and so consumers learn simply that they need to do a better job of sourcing their animal products from ‘responsible’ animal users. When we look to match up our actions with our desired outcome, we can readily see the problems with this sort of approach.

If it’s important for us to consider how to achieve our objectives in any other aspect of life, think about how much more critical it is that we critically examine the things we do or propose to do as activists. There are only so many resources available to try to counter the forces that would keep people using animals, and there are so many ways in which we can go off track. As Prof. Francione says, it is a zero sum game. When we work on behalf of animals’ rights, we simply cannot afford to bypass the decision-making criteria offered by rights theory. How can we expect to be make meaningful progress toward the outcome of abolition if we ignore what’s necessary to achieve that outcome?

Animal Rights 101, part seven: New Welfarism (cont’d)

Introduction[1]

In my previous post, I introduced new welfarism, a term coined by Gary L. Francione to describe an ideology that pervades the work of the modern global animal protection movement, commonly known as the ‘animal rights movement’. New welfarists hold as their goal the abolition of animal exploitation (or animal ‘liberation’) but, understanding that abolition will not occur overnight, they pursue a strategy of welfare reform to incrementally achieve this end while fulfilling our duty to today’s animals.

While it is true that abolition will not occur overnight and that we have a duty to avoid harming today’s animals, new welfarism is a morally and empirically flawed ideology. Though it differs conceptually from traditional welfarism in being ideologically opposed to all institutionalized animal exploitation, in practice new welfarism offers nothing new at all, and so it should be rejected.

New welfarism at work: An example

In order to illustrate this claim, I will refer throughout this post to Proposition 2, a California ballot measure that was heavily promoted and backed by many activists and organizations guided by new welfarist ideology. After a long, costly campaign, voters overwhelmingly approved Prop. 2 last November, and now it is scheduled to become law in 2015.

In brief, the law will require that, for the majority of each day, calves, egg-laying hens, and pregnant pigs be confined only in ways that allow them to lie down, stand up, fully extend their limbs, and turn around freely. Note that law will not abolish confinement systems; it will merely regulate how certain animals may be confined. Also note that the regulation includes numerous exemptions, including a seven day period prior to a pregnant pig’s expected date of delivery, as well as the use of animals for 4-H programs, rodeos, fairs, research, veterinary purposes, slaughter, and transportation.

The defects of new welfarism

With the foregoing in mind, let’s critically examine the three key new welfarist beliefs I identified in my previous post, AR101, part six.

1. The new welfarist believes that legal and institutional welfare reform campaigns offer animals increased protection and reduce animal suffering today.

Welfare reform does not lead to meaningful protection for animals’ interests

While it’s conceivable that a given welfare reform could meaningfully protect the interests of nonhuman animals, the record shows that hundreds of years of welfare reform have generally failed to achieve this goal. In Animals, Property, and the Law, Gary L. Francione examines the record in great detail. In short, he concludes that as long as animals are property they will lack any basic legal rights and their interests will count for less than those of their owners. Recalling AR 101, Part 4:

Without legal rights, even an animal’s most significant interests cannot be protected from being traded away in favor of any trivial human interest so long as that human interest is in some recognized end.

For example, a scientist who harms an animal in the recognized institutional end of seeking knowledge is legally justified in doing so, while a sadist who harms an animal for pleasure is not justified.

Some argue that the property status of nonhuman animals cannot prevent us from achieving institutional or legal reforms on animals’ behalf. But as long as animals are property, welfare reform will fail to protect their interests beyond measures which are cost-justified, stymieing attempts to reduce their suffering. As Francione puts it:

[B]ecause animals are property, animal welfare standards will generally only protect the interests of animals to the extent that the protection facilitates economically efficient exploitation.

Example: Prop. 2 fails to meaningfully protect animals’ interests

Prop. 2 was an attempt by advocacy groups to bypass agribusiness interests and lawmakers in order to force various animal-using industries into following regulations that are not cost-justified. Taking their case directly to the public, new welfarist advocates succeeded in passing that bill into law. But despite all the acclaim for this legislation, Prop. 2 does not provide any meaningful protection for animals’ interests.

First of all, despite its language, the measure will have no impact on the interests or welfare of calves and sows. The “veal” and “pork” industries in California were already voluntarily moving away from crate confinement systems before Prop. 2 was approved.[2] This leaves us to examine whether Prop. 2 will meaningfully protect the interests of hens.

Prior to Prop. 2, the egg industry in California had not made any overall shift away from intensive confinement operations. One can point to a variety of reasons for this, but with regard to protecting animals’ interests, the industry generally refers to research that demonstrates certain welfare advantages battery cages have over enriched cage, cage-free, and free-range operations. Indeed, an expose of RSPCA’s Freedom Foods welfare scheme reveals that ‘cage-free’ systems cause hens much suffering.

“Stocking density” in cage-free operations is still rather tight (just over one square foot per bird by the RSPCA’s standards); the rate of injuries are higher than with battery cage systems; hens are more liable to live in the waste that gathers on barn floors, leading to diseases that produce higher mortality rates; and birds may have diminished access to water and food, particularly less aggressive hens who are pecked away by more dominant hens (click through the links in the previous paragraph for specific references).[3]

However, this may all be moot. Rather than converting their facilities to cage-free systems, California operators are generally expected to exit the business. But because “national egg demand [will] not change significantly,” egg ‘production’ will continue. Other states will step up to meet the demand.[4] This means that hens will still find themselves confined to standard battery cages–just not cages located in California.

So, while Prop. 2 was sold as a just “modest measure” to reduce suffering, we can see that it won’t even do that much. In effect, by 2015 Prop. 2 will have at best redistributed the business of the U.S. egg industry.

In the long run, as the human population grows and the demand for eggs grows with it, the number of exploited birds will grow, too. By prolonging animal exploitation rather than curtailing it through vegan campaigns, welfare reform could well be responsible for more animal suffering.

2. The new welfarist believes that, by raising public awareness of the cruelty caused by institutionalized animal exploitation, reform campaigns will prompt people to reduce or even eliminate their use and consumption of animals and products derived from animals. Under this belief, new welfarists support and promote non-vegan vegetarianism as a way to reduce one’s contribution to animal suffering.

New welfarism misleads the public and it does not reduce animal exploitation

While new welfarists certainly do present the suffering of exploited animals to consumers and voters in their calls for reform, they leverage this awareness in ways that mislead the public. Welfare reform perpetuates the belief that animal use and consumption are morally acceptable. Promoting ‘humane’ animal products and non-vegan vegetarianism further reinforces this belief.

Misleading the public

Welfare reform perpetuates the belief that, though some practices may be unacceptable in the course of exploiting nonhuman animals, there are acceptable ways to exploit them. This reinforces arbitrary moral distinctions between animals and how they are exploited, ignores their right not to be used as property in the first place, and directly conflicts with the rights view-that animal exploitation is morally unjustifiable.

Prop. 2 offers a text book example: Apart from being deliberately misleading[5], the campaign in support of the measure misled the public by suggesting that chicken eggs are acceptable products for human consumption so long as they come from hens who can spread their wings and stretch their necks, that calf flesh is morally acceptable so long as calves are able to turn around during their lifelong confinement, and so on. This is entirely consistent with the traditional welfare review that regards animals as property, not with the rights view.

While it might be ‘better’ not to confine nonhuman animals in cages so small that they can barely move (and it might not), such a debate completely misses the underlying point: we have no moral justification for purpose-breeding nonhumans into lives of mutilation, confinement, and slaughter in the first place.

Welfare reform facilitates acceptance of animal exploitation

When the public is misled into believing that the central moral issue with respect to our relationship with animals is that we should treat them better, it doesn’t hear that exploiting animals is harmful to the animals. It doesn’t hear that nonhuman beings deserve the same moral consideration for their interest in avoiding pain and suffering or that they have a moral right not to be used as property in the first place. The public only hears the vague admonition that it should reduce its contribution to animal suffering, the idea being that “everyone can agree that farmed animals should be treated with kindness.”

Remember that though traditional welfarists believe that the animals who ‘sacrifice’ themselves ‘for’ us deserve ‘better’ treatment, they have no moral issue with using animals as resources. Because traditional welfarists are inclined to change their behavior in ways that fit their current view of nonhumans, and because welfare reform fails to challenge this view, we should not be surprised when most people respond to reform campaigns by continuing to consume animals and their products.

Indeed, welfare reform reassures people that it’s acceptable to consume animals and their products because it creates the impression that pigs, hens, and calves are being treated more ‘humanely’. Is it any wonder that consumers think they are doing animals a favor by voting for welfare reforms like Prop. 2?

‘Humane’ animal products and vegetarianism

Though the abolition of animal exploitation requires at its very basic level that we abolish our personal use and consumption of animals (i.e., we must be vegan), even vegan advocacy organizations pitch veganism merely as “a tool to reduce suffering” rather than the least one can do to respect the moral rights of nonhuman animals. We also commonly find veganism downplayed as difficult, “extreme“, and even optional. ‘Humane’ animal products, non-vegan vegetarianism, and ‘flexitarianism‘ are hailed as “a step in the right direction“, undercutting the essential message that use is the problem and further misleading the public into believing that the use and consumption of animals and their products is morally acceptable (it only has be to done ‘right’).

Under the same misguided belief that these are ‘steps in the right direction’, we find certain animal advocacy organizations partnering or otherwise collaborating with animal-using corporations and slaughterhouse designers. Out of these relationships we’ve seen the emergence of ‘humane certified‘, ‘sustainable and humane certification‘, and ‘Freedom Foods‘ programs, which amount to a sort of ‘greenwashing’ that allows people to feel good (or at least “less bad“) about purchasing and consuming products that are deeply problematic. They obscure the fact that animals exploited under these programs are still molested, artificially inseminated, mutilated, confined, transported, and killed to produce products that serve only our trivial interests, again reinforcing the idea that animals can be used and consumed without causing them harm.

Certainly some people will boycott certain animal exploiters or animal products from time to time, especially when information about specific forms of ‘egregious’ animal cruelty comes to light, but this is not due to any fundamental objection to animal exploitation. Consumers who boycott Pilgrim’s Pride because its workers were caught inflicting “sadistic abuse” on birds still purchase bird flesh from other companies guilty of “routine, standard cruelty,” and they have no reason not to return to Pilgrim’s Pride products after the workers are fired and measures are put into place to supposedly avoid similar incidents occurring in the future. Similarly, they support reforms like Prop. 2 but they continue right on eating eggs, satisfied that they are fulfilling their obligation to treat hens ‘humanely’. We also find that, once reassured that ‘foie gras‘, ‘veal’, and so on are being ‘humanely’ produced, people return to eating these previously taboo ‘foods’, too.

But what of non-vegan vegetarianism? Why isn’t that ‘a step in the right direction’? Veganism and vegetarianism represent two entirely different ideologies. Veganism holds that all animal exploitation is unjustifiable while non-vegan vegetarianism holds that using animals is acceptable (e.g., for their eggs and milk). Far from being a step in the right direction, vegetarianism perpetuates a morally arbitrary distinction between consuming the flesh of animals and consuming their eggs and milk, which are produced in ways that arguably cause more suffering than flesh products[6]. Even a vegetarian who consumes the smallest amounts of animal products accepts the belief that it is acceptable to exploit (and thus harm) animals for trivial purposes, which is consistent with the traditional welfare view, but not at all consistent with the rights view. We should not be so stunned, then, to find that vegetarians are returning to eating animal products. Selling veganism as a tool to “boycott cruelty” is problematic for similar reasons. Given that cruel treatment was regarded as the fundamental problem all along, and not use, we meet “cheating” vegans, “flexible” vegans, and even those that have slid back into full-blown carnism.[7]

Demand for animal products will not end as long as advocates keep asking the public to replace one form of exploitation with another, perpetuating the belief that animal exploitation is morally acceptable. Abolition will not come as long as advocates continue to focus on how animals are treated and leave the discourse over use off the table, as long as ovo-lacto-vegetarianism, “cage-free” eggs, and “humane meat” are regarded as morally viable options, and as long as adherence to veganism is presented as being extreme, unnecessary, too difficult, or even “fanatical.” Animal rights advocates need to ask themselves what they are doing perpetuating any of these views.

3. The new welfarist believes that reform campaigns will damage the animal-using industries.

Welfare reform causes little financial impact, if any

Though it is quite easy to find industry complaints about the cost of complying with new regulations-and, in some cases, smaller operators do indeed have trouble staying in business-welfare reform campaigns fail to fiscally damage agribusiness overall and, in certain cases, may even immunize exploiters from financial harm (the foie gras ‘ban’ in California is one example of the latter[8]).

Let’s return to California’s Proposition 2 to understand how welfare reform fails to damage animal exploiting industries. First of all, though touted as a “monumental victory for farm animals,” this particular measure will not have any impact on the ‘veal’ and ‘pork’ industries, despite how the bill is worded (as previously discussed). But what about the egg industry? Prop. 2 will effectively bar California’s $336 million egg industry from confining hens in battery cages as of 2015.

Assuming there is no reversal or delay before then, Prop 2 will no doubt have some fiscal impact on California’s egg industry, the 6th largest in the United States, which relies primarily on battery cage systems and would be forced into costly retooling or shutting down their operations entirely. Though it might be tempting to view this as an example of an industry being forced to accept a measure that is not cost-justified[9], the Humane Society of the United States (HSUS) itself, the main proponent behind Prop. 2, released an economic report suggesting that California’s egg industry could well survive Prop. 2 to become the “nation’s prime producer of cage-free eggs.” As it was, California’s egg industry had been in decline (54% since 1970), so this sort of move could actually have a positive long-term impact if California’s new “humane” egg industry finds itself the go-to source for ‘cage-free’ or ‘free range’ eggs.

Even if this is not the case, the national egg industry will absorb California’s demand for cheap, battery-caged eggs, and so we will see no meaningful impact on the institution of egg production (or on consumption) as a whole. Thirty percent of shelled eggs (non-liquid egg product) sold in California are already produced in the Midwest, for example, and businesses outside the state will continue to meet California’s demand for eggs.[10] We should therefore expect “little, if any, cost increase and no substantial impact on prices to California consumers.”[11]

One might argue that, if bills like Prop. 2 are enacted all over the United States, it would destroy the national egg industry, too, but that is short-sighted. If laws like Prop. 2 pass were enacted in all 50 states, the U.S. egg industry would of course incur the costs of re-equipping in the short run, but rather than destroying the industry as a whole, we should instead expect increased corporate consolidation as deeper-pocketed egg producers survive and smaller egg ‘farms’ are bought up or shut down. Further, unless legislation is passed banning the importation of eggs from other countries, there would still remain the possibility of obtaining eggs from battery caged hens.

There is simply no reason to believe that welfare reform will impact the demand for eggs in the long run, since the consumption of eggs has not itself been challenged.[12] A slight increase in the price of eggs will at best cause only a short-term impact on purchasing habits, and this is to say nothing about whether some people will eat more eggs or return to eating eggs because now they think doing so is less harmful to hens. And of course the U.S. population continues to grow, growing the U.S. egg industry along with it as people continue to demand eggs.

Welfare reform economically enhances exploitation

I noted above that despite the widespread belief (and message) that Prop. 2 would fiscally harm the egg industry, HSUS identified the potential for Prop. 2 legislation to economically enhance hen exploitation. We don’t have to look far to find additional corroboration for the notion that welfare reform economically enhances exploitation. Ironically, that evidence is often provided by the new welfarist animal advocacy organizations themselves, including the world’s largest ‘animal rights’ group, People for the Ethical Treatment of Animals.

These organizations work directly with corporations pitching various reforms as economic enhancements. In support of the controlled atmosphere killing of chickens, for example, PETA prepared a report for the industry that stated, “CAK increases product quality and yield.” HSUS also produced a report, concluding that “a plant processing 1 million broilers per week with an average dressed carcass weight of 4.5 pounds and wholesale price of mce_marker.80 per pound would increase annual revenue by $1.87 million after adopting CAK.” One look at the long list of industry endorsements for CAK and CAS (Controlled Atmosphere Stunning) reveals that PETA and HSUS’s ‘adversaries’ agree with them.

Because welfare reforms like these are “cost-justified’, they are accepted by the industry, resulting in ‘victories’ for both advocates and corporate animal exploiters. For example, last year KFC Canada’s president, recognizing that he and PETA “had no differences of opinion about how animals should be treated” and not wanting anything “negative attached to [KFC Canada’s] brand,” agreed to “[p]hase in purchases of 100% of its chickens from suppliers that use controlled-atmosphere killing (CAK)”[13] In exchange for this ‘concession’, PETA dropped a 5 year-long pressure campaign against the chain.

The failure of welfare reform to damage the animal-using industries reveals the fundamental flaw of attempting to effect social change through legal and institutional reform: trying to eliminate demand by reforming the supply is completely backward. California’s Proposition 2 exemplifies the problem with this approach. When it comes into effect in 2015, Californians will not suddenly stop eating eggs, nor will they suddenly start paying more for eggs laid by hens confined in cage-free facilities. They will still be consuming cheap eggs sold by companies based outside of California, because nothing will have fundamentally changed.

Conclusion: We can’t march toward abolition by walking away from it

The abolition of institutionalized animal exploitation is a revolutionary goal that depends on a sweeping societal shift away from the traditional welfare view-that animals are mere resources-toward a view that regards animals as right-holders. Of course, no one expects abolition to occur overnight, but new welfarism takes this observation to the extreme and untenable conclusion that abolition is an “all-or-nothing” “hypothetical future goal” devoid of incremental possibilities.

New welfarists seek to “ease the suffering” of animals, in large part by reforming the ‘low-hanging fruit‘ of animal agribusiness (a direct critique of which can be found here). Though this strategy derives from the reasonable belief that we ought to try to help today’s animals, it also relies on the unfounded belief that reform campaigns will systematically eradicate the animal-using industries’ ‘worst’ abuses one by one, protecting animals’ interests to a greater and greater degree until there are no more ‘worst’ abuses to eradicate.

But because welfare reform obscures (and even contradicts) the message that using nonhuman animals as mere resources is the fundamental problem, it is incapable of bringing about abolition. Rather, welfare reform is fully consistent with the traditional welfare view we’ve had for hundreds of years. It is incoherent to suggest that we can precipitate a shift away from the traditional welfare view by reinforcing that view. And support for the back-up claim that welfare reform helps today’s animals consistently fails to materialize.

What about the claim that welfare reform fosters a climate that is conducive to abolition? It’s hard to see how reinforcing traditional welfarism could be conducive to abolition, but ‘evidence’ is usually presented in the form of vegetarians who later become vegan or those new welfarist vegans like myself who eventually became abolitionists. It’s suggested that surely this is a path to abolition offered by new welfarism. But this is no ‘proof’. There’s no doubt that vegans have taken this path. Many have. But it is not the path, or even the best path, stategically.

In effect, those ‘converts’ that new welfarism does win over to veganism amount to a collateral, sometimes even ephemeral, win. As I described above, there are serious problems with promoting veganism as ‘merely a tool to reduce suffering’. It perpetuates the traditional welfare mindset-that cruel treatment is the problem-and runs the very real risk of even vegans ‘cheating’ or sliding back into consuming animals and animal products. I don’t mean to suggest that all vegans are at risk of going back to using and consuming animals, but we know of highly prominent ‘vegans’ who see no problem with “indulging” in the “luxury” of animal products (some of them are more discreet about it, such as the noted animal advocate who asked me how ‘strict’ I am in my veganism before going on to eat animal products in front of me).

There is no empirical evidence to support the belief that non-vegans are less willing to listen accept an abolitionist view than a welfarist view, and there is no evidence that vegans who are never exposed to the rights view will come around to this view on their own. So it’s wrong to suggest that new welfarism leads to abolitionism. Rather, abolitionism leads to abolitionism. So, as people who are supposedly hoping to build a social movement capable of shifting the dominant paradigm to one that respects animals’ moral right not to be treated as property, shouldn’t we stop misleading people about what’s at stake? Shouldn’t we stop perpetuating use? Shouldn’t we as animal rights advocates be encouraging people to go vegan for abolitionist reasons?

Taking the rights view seriously means rejecting new welfarism in favor of an incremental approach that is morally and logically consistent with the end goal of abolition, and I will discuss just such an approach in the next installment of AR101.

Next: Abolitionism

Previous: New Welfarism

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FOOTNOTES:

[1] For more on the defects of new welfarism, read Gary L. Francione’s blog entry, The Four Problems of Animal Welfare: In a Nutshell at Animal Rights: The Abolitionist Approach.

[2] Egg producers at odds over Proposition 2, San Diego Union Tribune by way of San Diego Farm Bureau (September 28, 2008).

[3] We should also not forget that whether a hen is confined to a battery cages or another system of confinement, her life before and after those 18 months of captivity are pretty much the same. She is still bred to produce eggs at the debilitating rate of 300 per year, her bones are still depleted of calcium (leading to breaks that prevent her from accessing food and water), and she is still captured and killed if she survives all of that long enough to be ground into food.

[4] Economic Effects of Proposed Restrictions on Egg-laying Hen Housing in California, University of California Agricultural Issues Center (July 2008).

[5]A few quick examples:

  • As mentioned above, California’s small “pork” industry was already phasing out gestation crates. Still, images of pigs (both confined and “happy“) were used to mislead activists, donors, and voters into believing that Prop. 2 would have a direct impact on the well-being of sows.
  • Likewise, campaigners asserted that calves would be treated better if the measure passed (images of calf confinement were also utilized), though California’s even smaller “veal” industry was already phasing out crating systems under the American Veal Association’s resolution to convert the entire industry to ‘group housing’ methodology by December 31, 2017.
  • The one California industry that Prop. 2 has the potential to affect is its egg industry. Prop. 2 supports were misled into believing that they would improve the wellbeing of hens even though eggs will still come from the same sorts of operations as before when the measure goes into effect in 2015 (examined in response to Belief 3).
  • Furthermore, the campaign conveniently left out that the Prop. 2 does not explicitly ban all confinement systems (such as enriched cage systems), and the campaign ignores the welfare problems veterinarians observe in other sorts of operations, including ‘cage-free’ operations.

[6] Unlike steers bred for their flesh, for example, cows purpose-bred for their milk spend their entire lives in confinement and are exploited intensively until they are ‘spent’, at which time they too are sent to slaughter to become ground ‘beef’. Adding to the suffering, despite the toll it takes on their bodies (calcium depletion, infections, and more), ‘dairy cows’ are kept continuously impregnated in order to maintain a high volume of milk production. Calves are a natural byproduct of this artificial insemination, and those that are not retained to become ‘dairy cows’ are shipped off to become ‘veal’. The vegetarian’s demand for eggs also ignores the 260 million one day-old male chicks that are discarded, ground up, or suffocated at hatcheries in the U.S. every year [Metheringham J. Disposal of day-old chicks-the way forward. World Poultry 16(11):25, p. 27 (2000)], along with the inevitable “depopulation” of “spent” hens, who are by that point best suited to be processed into animal feed.

[7] See this AAFL entry regarding a Good Magazine article that highlighted a former PETA-supporting vegan who delights in the benefits of “humanely raised” beef, calling the transition from activist for the animals to someone who cares for then kills her own animals a ‘transformative experience.’

[8] The California ‘foie gras’ ‘ban’, which wasn’t a ban on ‘foie gras’ at all. It merely regulated how birds may be fed. In terms of immunizing exploiters against fiscal damage, it nullified any pending lawsuits against ‘foie gras’ producers. Sonoma Foie Gras, California’s only ‘foie gras’ producer, hailed the new law as a victory. The company’s president, Guillermo Gonzales, said the interval before the law goes into effect would be used “to demonstrate that foie gras production is safe and proper.” Even if this research and lobbying effort fails to cause the law to be repealed, Sonoma could adopt a ‘humane’ process for producing ‘foie gras’ that would meet the standards set by the law. This would in effect shield the ‘foie gras’ industry in California and protect its continued profitability.

The case studies go on and on. For example, another strong precedent is the Animal Welfare Act. The act did not end vivisection, of course, nor did it meaningfully protect animals from harm. It has allowed researchers to use the AWA as ‘proof’ that animals are well cared for even as it shields them from legal action. For more details on this and other welfare reform failures, see Animals, Property, and the Law (Part III), by Gary L. Francione.

[9] Among other financial advantages, battery cages offer the industry greater “stocking density” and reduced feed costs over other confinement methods.

[10] Following Proposition 2: Where do we go from here?, wattpoultry.com (Nov. 17, 2008).

[11] Economic Effects of Proposed Restrictions on Egg-laying Hen Housing in California, University of California Agricultural Issues Center (July 2008).

[12] For example, in May of 2004, Austria banned battery cage systems (battery cage operations were to have been shuttered by January 1, 2009), but there the production of eggs between 2004 and 2007 has actually gone up. There is no empirical evidence to indicate that it will go down.

[13] KFC Canada and PETA reach agreement, WorldPoultry.net (June 2, 2008).

Animal Rights 101, part six: New Welfarism

Introduction

In order to respect the basic moral rights of nonhuman animals, we must abolish their use. Once we’ve done this in our own lives by becoming vegan, we are left with the question of how to abolish the use of animals in society at large. Given that the use of animals will not end overnight, and that we have a duty to help today’s animals, the question can be more specifically framed as, “What sort of advocacy leads incrementally to abolition?”

Much of the modern global animal protection movement’s advocacy work is grounded in the belief that we can bring about abolition–or at least animal “liberation”–by focusing on how nonhuman animals are treated by humans. Broadly speaking, the idea is that advocating welfare reform and educating the public about animal suffering will incrementally reduce that suffering, eventually leading to the abolition of animal use or to greater consideration for the preferences of nonhuman animals. In his work, professor Gary L. Francione calls this ideology new welfarism.[1]

New welfarism

There are at least two major strands of new welfarism recognizable within the modern global animal protection movement.

The first is comprised of people who consider themselves abolitionists. Their objective is to eliminate animal use. The second strand includes those utilitarians who, like Peter Singer, seek as their objective the equal consideration of interests or preferences, not abolition. Because utilitarianism is not inherently opposed to animal use, this position can be difficult to distinguish from traditional welfarism, which holds that it is acceptable to use nonhuman animals as a means to human ends. But unlike most traditional welfarists, Singer-style new welfarists believe that humans and animals are equal and that their preferences must always be weighed equally.

Regardless of their differences, what all new welfarists share in common is that they focus their efforts primarily on improving the welfare of exploited animals—i.e., their treatment—rather than directly challenging the notion of animal use.[2] They believe that that their objective can be achieved through welfare-based reforms and by educating the public about how animals are treated. Below are some key beliefs characteristic of new welfarist ideology. A new welfarist need not hold all these beliefs, nor should this list be seen as exhaustive.

  1. The new welfarist believes that legal and institutional welfare reform campaigns offer animals increased protection and reduce animal suffering today.
  2. The new welfarist believes that, by raising public awareness of the cruelty caused by institutionalized animal exploitation, reform campaigns will prompt people to reduce or even eliminate their use and consumption of animals and products derived from animals. Under this belief, new welfarists support and promote non-vegan vegetarianism as a way to reduce one’s contribution to animal suffering.
  3. The new welfarist believes that reform campaigns will damage the animal-using industries.

In the next installment of AR101, I will examine these beliefs in more detail to determine whether they are well-founded or whether we should look to another incremental approach to abolition.

Next: A Closer Look at New Welfarism

Previous: Utilitarianism


1. See Chapter 2 of Gary L. Francione’s Rain Without Thunder for a more thorough introduction to new welfarism.
2. For an extended discussion of use versus treatment, read Gary L. Francione’s “Introduction / The Abolition of Animal Use versus the Regulation of Animal Treatment” in Animals as Persons.


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Announcing new abolitionist literature

The Boston Vegan Association:
Respecting animals means going vegan

The BVA’s 8-page abolitionist vegan outreach pamphlet is now ready and available for viewing online and sharing. I have also had a “generic” version prepared so that you can include your own information on the back cover instead of the BVA web address and logo (pictured). If you would like to receive copies for distribution, please get in touch.

I like to hear from you. Comment on this post below or email me.

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Animal Rights 101, part five: Utilitarianism

Utilitarianism

In a nutshell, utilitarianism holds that the consequences of a given action is what determines its moral worth. According to the principle of utility the right action is that which maximizes “utility.” Under hedonistic or classical utilitarianism, utility is defined in terms of pain and pleasure. The morally correct action to take in any given situation, then, is the one that leads to the greatest pleasure for the greatest number of individuals affected by that action.

In counting the pleasures and pains of all those affected, each individual must “count for one and none for more than one.” Because nonhuman animals can also be affected by an action (i.e., an action can cause them pleasure or pain), their pleasures and pains must also be taken into consideration when deciding whether an action is wrong or right.

Peter Singer

Peter Singer, probably the most well-known modern proponent of utilitarianism, defines utility in terms of preferences rather than pleasure and pain. Preference utilitarianism holds that what is intrinsically valuable in any given scenario is not pleasure, per se, but the satisfaction of preferences (i.e., desires or interests).[1] Of course, these preferences might include avoiding pain and seeking pleasure, but preference utilitarianism might be seen as a more nuanced or graded approach.

In addition to the principle of utility, Singer advocates even more forcefully for a principle of equal consideration for other beings’ interests. In determining the consequences of our actions, he argues that we must accord equal consideration to equal interests, even going so far as to say that nonhuman animals have a right to this consideration. He describes at length how excluding nonhuman animals from equal consideration (or otherwise disregarding their interests) is speciesist, an arbitary bias in favor of one’s own species membership that is analogous to excluding humans from equal consideration on the basis of their race or sex.[2]

Singer later expressed regret at allowing “the concept of a right to intrude into [his] work so unnecessarily.” Though he is often called “the father of the animal rights movement,” this stance is not all that surprising when you consider that his views do not and cannot lead to a respect-based animal rights view given his adherence to the principle of utility.[3]

Issue: Tension between equal consideration and utility

The principle of utility is problematic for a number of reasons, not the least of which is–under Singer’s view–the tension between considering like interests equally and maximizing utility.

Despite his belief that we ought to determine what will maximize utility on a case-by-case basis, Singer holds that animals’ interests must always be given equal consideration. Though this insistence also informs the egalitarianism of rights theory put forth previously, it creates problems here because taking all interests equally into consideration may well fail to maximize utility, at which point we would no longer operating in the realm of utilitarianism.

The corollary here is that the principle of utility conflicts with the principle of equal consideration when maximizing utility would require us to ignore the interests of some individuals or otherwise allow them to be harmed if doing so serves the “greater good.” In other words, utilitarianism’s emphasis on the consequential benefit of a potential act favors the majority and allows for exploitation of the minority.

As Tom Regan writes, “The modest point being urged here is that, for all its emphasis on equality, utilitarianism would sanction recognizable forms of sexism and racism, if the facts happened to turn out a certain way.”[4]

Issue: Treats interests as tradable

The rights view protects interests even when it would benefit others (or the greater good) to violate or ignore them. “[T]he defining characteristic of a respect-based right is that the interest that it protects cannot be compromised for consequential considerations alone.”[5] Utilitarianism, on the other hand, treats interests as tradable. If ignoring the interests of certain individuals maximizes utility overall, then utilitarianism would say that the right thing to do in that situation is to ignore those interests in favor of the interests of the many, effectively treating interests as tradable, not inviolable. Such a view “is consistent with animal exploitation if the consequences justify that exploitation and if the decision to exploit is not based on species discrimination.”[6]

Indeed, though Singer advocates vegetarianism, it is not certain how he can prescribe this measure on a utilitarian basis. An appeal on consequentialist grounds would suggest that vegetarianism maximizes utility, but the principle of utility could well come down against vegetarianism if the consequences of everyone becoming vegetarian actually turned out to have less utility than if everyone continued to eat at animal products.

Singer thinks that the negative consequences for the animals involved in factory farming outweigh the benefits, but as Regan points out, “[t]he animal industry is big business,” and although “[i]t is uncertain exactly how many people are involved in it, directly or indirectly, . . . the number must easily run into the many tens of thousands.” Those involved in animal agriculture “have a stake in the animal industry as rudimentary and important as having a job, feeding a family, or laying aside money for their children’s education or their own retirement.” . . . The problem is that once the preference satisfaction of everyone involved in factory farming (humans and nonhuman) is deemed relevant and counted equitably, Singer’s assumed result appears to be much more controversial than he recognizes.[7] 

In light of these complications, the utilitarian impact of becoming vegetarian is not at all clear, particularly on the individual level. Because utilitarians must make the moral calculations on a case-by-case basis, they cannot demonstrate that becoming vegetarian will always maximize utility, which means that utilitarianism can make no standing argument for vegetarianism at all, much less veganism.

More consistent with the utilitarian view is his assertion that it may be morally justifiable to eat animals who “have a pleasant existence in a social group suited to their behavioral needs, and are then killed quickly and without pain.”[8]

Issues: Fails to offer normative guidance

The vegetarian question points to a lack of normative guidance (i.e., guidelines for standard, everyday behavior) offered by Singer’s views. In Animal Rights Theory and Utilitarianism: Relative Normative Guidance, Gary L. Francione reveals utilitarianism’s lack of normative guidance by focusing on three components of moral theory that he identifies as the ideal level, the micro-level, and the macro-level.

The ideal level asks what ideal state a theory aims to achieve. The clarity of a theory’s ideal state is important because it helps guide micro- and macro-level components of moral decision-making. The micro-level component of a theory guides our personal behavior. The macro-level component examines whether a theory prescribes how to effect incremental change in order to achieve a theories ideal state of affairs.

Under the rights view, it may be said that the ideal state is the complete abolition of institutionalized animal exploitation, a fairly clear, measurable objective. Knowing that this is our ideal state, it becomes rather plain that our personal obligation on the micro level is to avoid participating in activities that, at the very least, contribute directly to animal exploitation (i.e., we ought to be vegan). On the macro level, a coherent prescription for incremental change guides us to a strategy of spreading rights-based ideology and veganism.

Singer’s ideal is much more vague, requiring as it does that offer nonhuman animals equal consideration for their interests while maximizing utility. How do we describe or measure this objective, much less know when we have reached it (assuming it is a place one could even “reach”)? This view offers no practical guidance for making decisions, ultimately leading us to make best guesses about what is likely to “reduce” suffering to some indeterminable extent.

The calculations required to follow this rule for micro-level decision-making are stunningly complicated. Among our variables are every individual who might be affected by what we choose to do, the preferences those individuals have, and the varying weights of these preferences. Assuming it was possible to gather all this data, we would then have to make comparisons of these preferences between individuals and across species, and we would have to determine which satisfied preferences maximize utility, which don’t, and so on. As if this wasn’t burden enough, we must perform this complex calculus for every considered action, and there’s still a chance our estimates could be wrong due to our lack of perfect knowledge, our inability to predict how other involved parties might behave, much less our general inability to predict the future.

On the macro-level of decision-making, the admonition to do whatever we think might best reduce suffering is equally unhelpful. Already our ideal state is vague, so this sort of guidance makes it hard to know where we’re headed incrementally as a group. Nor do we always know whether and how much our actions will reduce suffering, which is perhaps what leads certain animal advocates to focus on what some new welfare advocates call the “low-hanging fruit.”

This approach to advocacy involves welfare campaigns that are problematic for a number of reasons that I will analyze in my next AR101 installment. Suffice it to say for now that the macro-level component here fails to meaningfully distinguish our incremental actions as a movement from those who exploit animals (none of whom believe we ought to, say, increase suffering). It is hard to see how animals will be liberated if we are merely reinforcing the existing paradigm that it is acceptable to use animals, so long as we minimize their suffering.

Conclusion

Compared to a rights-based approach, which simply tells us that equal consideration means equal protection for those interests that are equal (leading to veganism), utilitarianism is unclear and could possibly even lead to immoral results. In my next installment of AR101, I will examine the new welfare approach of the modern “animal rights movement,” which is informed by utilitarian thought. As we shall see, utilitarianism’s vague, conflicting, and difficult-to-fulfill prescriptions offer little, or worse, confusing guidance for our advocacy.

Next: New Welfarism

Previous: Property


1. Peter Singer, Practical Ethics, 2nd ed. (Cambridge: Cambridge University Press, 1993), 14.

 

2. ______, Animal Liberation, Ecco paperback, first edition (New York: Harper Collins, 2002), 6.

3. Much is made of the influence wrought by Animal Liberation on the “animal rights movement,” though its author distances himself from rights theory, calling his use of the term a concession to popular moral rhetoric (Peter Singer, “The Parable of the Fox and the Unliberated Animals,” Ethics 88, no. 2 {January 1978}, p. 122). Despite this, the utilitarian’s groundbreaking 33 year-old book continues to be recommended by a number of prominent advocates, including People for the Ethical Treatment of Animals, as the “animal rights ‘bible’.” PETA’s merchandise catalog states, “If you read only one animal rights book, it has to be this one.”

I want to be clear on a few things. Animal Liberation does raise some important philosophical questions regarding our treatment of animals. It is not a trivial work, and it obviously influenced a new movement on behalf of animals that, in some form, is still around today. However, its own author has disavowed rights, and Animal Liberation does not promote any sort of rights theory whatsoever. It is not an animal rights book. As such, it does not provide any clear guidance for rights advocacy.

If you want to read an animal rights book, and you can read only one for some reason, then allow me to recommend Gary L. Francione’s Introduction to Animal Rights: Your Child or the Dog? Within that book, you’ll find a concise and easy-to-understand discussion of animal rights theory, along with a coherent prescription for a rights-based approach to abolishing animal exploitation.

4. Tom Regan, The Case for Animal Rights, 1st ed. (Berkeley: University of California Press, 1985), 227-28.

5. Gary L. Francione, “Equal Consideration,” in Animals as Persons: Essays on the Abolition of Animal Exploitation (New York: Columbia University Press, 2008), 168.

6. ______, Rain Without Thunder: The Ideology of the Animal Rights Movement (Philadelphia: Temple University Press, 1996), 49.

7. ______, “Animal Rights Theory and Utilitarianism: Relative Normative Guidance.”

8. Singer, Animal Liberation, 229-30


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Animal Rights 101, part four: Property Status

Property status

Humans have long dominated animals, including wild (or “free-living”) animals, treating them as if they were our property since well before our laws formally defined them as such. Over time, our sense of entitlement to use animals as things for our benefit became firmly embedded in our culture. Indeed, it was animals’ de facto property status that led to them being legally classified as property to begin with.

This deeply entrenched property status is the key obstacle to securing legal rights for nonhuman animals because, as long as humans perceive nonhumans to be property, we will be unable to abolish their legal property status. As mentioned in my previous post, property cannot possess legal rights, only persons can.

Persons are the humans, corporations, and other institutions endowed with rights by law, including the right to own and use property as a means to some recognized end. For instance, a person’s bicycle is a means for her to travel from one place to another. That bicycle belongs to her, and she may use or not use it as she sees fit. Because the bicycle is an inanimate object, it is not sentient, and therefore it has no interests for her to take into consideration.

Unlike bicycles and all other inanimate objects, sentient animals do have interests that merit consideration, and this presents us with our problem: Because they are legally classified as property that humans may use as a means to any recognized end, just like inanimate objects such as bicycles, they are prevented from possessing any legal rights that would protect their interests.

Legal welfarism

In lieu of legal rights, numerous welfare laws and anticruelty statutes have been enacted over the past 200 years or so, with the intent of protecting at least one very important animal interest that humans have recognized as significant enough to be given our consideration: that of not being made to suffer. To avoid causing animals “unnecessary” suffering in the course of our using them as means to our ends, welfare laws seek to ensure that persons treat animals “humanely.” “Necessity” is evaluated by balancing human interests against the interests of animals in a given scenario.

Gary L. Francione identifies the futility of this balancing act in Animals, Property, and the Law:

…although the law prohibits the infliction of “unnecessary” pain and suffering on animals and requires that they be treated “humanely,” these terms are interpreted in light of the legal status of animals as property, the importance of property in our culture, and the general tendency of legal doctrine to protect and to maximize the value of property. (p. 4)

In other words, as long as animals are regarded as the property of humans, their interests will never count for as much as legally protected human interests, and so the scale will be rigged in favor of humans before the balancing has even begun. Despite the existence of myriad animal welfare laws and cruelty statutes intended to protect animals from suffering, then, animals’ interests remain more or less unprotected. Without legal rights, even an animal’s most significant interests cannot be protected from being traded away in favor of any trivial human interest so long as that human interest is in some recognized end (see Legal welfarism illustrated, below, for an example).

Francione calls this entire framework “legal welfarism.” Unlike rights theory, which regards every animal as an end, legal welfarism regards nonhuman animals solely as a means to some end (“food animals,” “lab animals,” “game animals,” “fur animals,” “companion animals,” “animal actors,” etc.). Presuming from the outset that animals are property for us to use, legal welfarism asks only that we determine whether or not an animal is being treated “humanely” in the course of being exploited–and provides them with only that level of protection that facilitates humans using them as a means to their recognized ends, e.g., advancing scientific knowledge, producing food, and so on. As Francione suggests, “The only activities that remain to be prohibited by such statutes are those where no socially recognized benefit can be traced to the animal killing or suffering.” (p. 129)

Legal welfarism illustrated

To illustrate legal welfarism in effect, let’s examine a couple of hypothetical scenarios involving the use of a cow. Bear in mind throughout that the cow has an interest in not being used as property precisely to avoid being the victim in either of these hypothical scenarios in the first place.

Now, to determine whether or not an activity would be prohibited by an anticruelty statute, we must break the question of “necessary” suffering into two parts (See Figure 1, below). Part 1 asks whether the end is recognized, i.e., whether or not using the cow provides some recognized human benefit. If the end is, say, “satisfying a teenager’s sadistic interests,” the answer for Scenario 1 is “No.” The law does not recognize the end of satisfying one’s sadistic intersts as providing some human benefit–quite the contrary. Regardless of the teenager’s exact plans for the cow, any suffering he causes the cow in the end of satisfying his sadistic interests will be considered “unnecessary,” and is thus prohibited.

Case closed. On to Scenario 2.

If the end in question is “using a cow for the purpose of food, clothing (or some other recognized end),” then the answer to Part 1 under the legal welfarism paradigm would be “Yes.” While the cow has the exact same interest in not suffering as in Scenario 1, the law recognizes that producing food and clothing provides a human benefit, and so it is determined that this activity or end is “necessary.” The cow’s interest is effectively trumped, and so we move on to Part 2.

Part 2 asks whether the means the cow’s owner employs to the end of using a cow to produce food or clothing is consistent with that end. If the cow’s owner lets her starve due to neglect, then the owner will have caused “unnecessary” suffering. Neglect is therefore prohibited. Starving one’s cow is not consistent with the end of using that cow to produce food or clothing. It’s a pointless “waste.”

On the other hand, if a cow experiences suffering in the course of being used as a means to the end of producing food and clothing for human benefit, that suffering is considered “necessary” so long as the suffering is the result of a standard industry practice. Of course, the law also recognizes as “necessary” the death of the cow as a means to achieving the recognized end of feeding and clothing humans, despite the cow’s demonstrable interest in staying alive.

The law will rule as “unnecessary” only that suffering which does not conflict with the animal owner’s ability to exploit an animal efficiently. Generally, however, the law will defer to property owners when determining whether or not a certain activity is necessary.

It’s generally assumed under the legal welfarism paradigm that a property owner wouldn’t intentionally devalue his property by causing that property “unnecessary” suffering. Therefore, whatever suffering the owner does incur must be “necessary” to increase the value of the property or maximize the benefits of that use for humans.

What about “wild” animals?

Though many nonhuman animals are born free in nature, as non-persons they still do not have a legal right not to be property. Though they may not technically be property, they are still regarded as if they are property (e.g., as mere things, or potential property), and our laws allow humans to “convert” certain wild animals into their personal property through the act of hunting and capturing or killing those animals.

All animals’ interests may be traded away in favor of human interests as long as they are not protected by legal rights. And, even though some animals aren’t technically personal property, their property status always tips the scale in favor of human interests, as if they were in fact property.

Conclusion

As long as animals are regarded as property, the balancing of animal and human interests is futile. The only way to balance the scales–to honestly give the like interests of humans and nonhumans equal consideration–is to give animals legal rights that protect their interests, too. Then we’ll be on a level playing field. But if we ever want to see this happen, we must first abolish their property status–starting with the very perception that it is acceptable to use animals as if they were property.

Next post: Utilitarianism

Previous post: Animal Rights

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