My sister told me it would be a good idea to do an ‘introducing animal ethics’ post, preferably at something like a fifth grade level. Here goes, probably sans the fifth grader part.
The image above is from the core sourcebook I use for the two sessions of Animal Rights and Animal Welfare I’ve taught at UML (which I wanted to simply call Animal Ethics, but the Philosophy department would have none of it). I think it’s a great anthology, as it presents both Regan and Cohen, Dennett and (Marian) Dawkins, DeGrazia and the Animal Ag Alliance. I’m going to focus here on the first section of this book, which deals with animals as ethical subjects, and I should preface this by saying both that the second section–on animal cognition and capacities–necessarily informs the insights of the first, and that the following is only an introduction to normative ethics, and not to any other framework of what constitutes moral reality.
There are five (sometimes overlapping) schools of ethical thought that are applicable to the way we engage nonhuman animals: utilitarianism, deontology, contractarianism, virtue ethics, and the feminist ethic of care. Of these, the ‘big two’ are utilitarianism and deontology. Very few people, however, belong entirely in any one of these camps–for most of us, it’s more a matter of whether we tend towards one or the other of these positions.
The difference between utilitarianism and deontology can best be explained by the role consequentialism plays in each. To oversimplify a bit, utilitarianism is consequentialist because only the consequences of any given action matter, morally. In other words, the end literally justifies the means; for a true consequentialist, nothing else can! Under deontology, or rules-based thought, certain actions are “just wrong” because they violate a given principle. The phrase Fiat Justicia ruat caelum (“do justice though the heavens may fall”) comes to mind; this would make sense to a true deontologist, but a utilitarian would respond that letting the heavens fall probably can’t count as doing justice. To provide some caricatures: Jack Bauer is a utilitarian, and pro-life activists are deontologists. The fact that many pro-lifers may be ‘hard-on-terrorism’ in the Jack Bauer sense could take us on a number of interesting tangents…
In addition to being consequentialist, utilitarianism is generally interests-based while deontology is generally rights-based. I say ‘generally’ because of the distinction between act and rule utilitarianism, and because deontology, rooted in Kant’s categorical imperative, is technically duty-based rather than rights-based, but the terms are sometimes used interchangably in common parlance.
What sets utilitarianism apart from other consequentialist interests-based views, like egoism, is that utilitarianism seems to produce, in Jeremy Bentham’s famous words, “the greatest good for the greatest number.” For modern deontologists like Robert Nozick, on the other hand, rights are “side constraints on actions,” and are inviolable regardless of how many people might benefit. To put it in a current context: Obama is being a utilitarian on the budget (the interests of the rich, who are few, matter less than the interests of everyone else, who are many), while Ryan is being a deontologist (it’s their money, and it violates their rights to take it away).
Coming to animals, it’s important to understand that both utilitarians and deontologists can, for our purposes, be divided into two camps: the speciesist/anthropocentric (or, to use a more generous framing, the ‘human exceptionalist‘) and the anti-speciesist. For example, most welfare economists and trade liberalizers are utilitarians, but they only sum the utility and disutility of human agents in their moral calculus. In the case of deontology, the rise of the human rights culture in the wake of the Holocaust has been explicitly “humanist” in the sense that includes even marginal human cases like acephalous humans, while still excluding nonhumans from moral consideration to varying degrees. Thus did Kant argue that yes, animal cruelty is wrong, but it’s only wrong because it increases the likelihood of later human-on-human cruelty.
A utilitarian anti-speciesist like Peter Singer, on the other hand, combines Bentham’s greatest good principle with the equal consideration of interests. If the species boundary, like race and gender, is not a morally relevant category of itself, the acephalous human (or the human in a permanent vegetative state, the difficulties of understanding ‘what’s going on in there’ nothwithstanding) has fewer clearly recognizable interests than the adult dolphin, chimp, or probably even mouse (the ‘probably’ is where research on human and animal cognition becomes crucial…). Utilitarians are often classified as animal welfarists, while deontologists are rightists, but looking seriously at the equal consideration of interests may require something closer what is often considered a rights position. Many other utilitarians accept that nonhuman animals have interests, but they may discount those interests on a sliding scale. Precisely how this scale is rigged becomes problematic, but the dominant view isn’t even one of the five schools I’m looking at, although it is closely related to both the contractarian and feminist views on animals: it’s the relational view under which different animals have differing moral status based on their relation to us. (Hence what Gary Francione calls the moral schizophrenia of treating your dog one way and your steak another.) This view is clearly incompatible with Singer’s brand of utilitarianism, where the core moral doctrine is the principle of utility. From the perspective of aggregate utility–and setting aside my own utility–it simply doesn’t matter whether it’s ‘my’ dog or a stray.
Many actions that could be justified by a utilitarian animal advocate like Singer, however, would be off-limits for a deontologist like Tom Regan, who bases his view instead on the idea that animals are subjects-of-a-life, and as such we don’t have the moral right to exploit them except when it accords with the least harm principle. This is closer to the foundation of most abolitionist animal advocacy, which views all forms of human-animal interaction as necessarily exploitative and therefore unjustifiable. Many actions that would be viewed as permissible or even beneficial to utilitarians and welfarists, such as pet keeping and animal husbandry, would be viewed as suspect by a lot of deontologists who extend rights beyond the species line (precisely how far rights are extended raises difficult questions about drawing the line).
If both of these camps seem unnecessarily divided from each other, that’s partially because most of us live our lives sometimes as utilitarians and sometimes as deontologists, but it’s also where the virtue ethical response comes in. Building originally on Aristotele’s teleological ethics and philia (in which every thing has a telos, or purpose, and the way to find happiness, or eudamonia, is to live in accordance with that purpose by according to the doctrine of the mean) and drawing more recently on moral psychology and Martha Nussbaum’s capabilities approach, virtue ethics says that the language of virtue and vice is richer than the language of interests or duties, and that it makes more sense to live virtuously according to the mean–to be courageous but not foolhardy or cowardly, to be self-assured but not hubristic or self-negating, and so on–than to spend one’s live constantly doing cost-benefit analyses to figure out which utilitarian calculus is preferable (=act utilitarianism) or constantly running up against situations in which adhering to rights (the ‘Indian killing’ scenario comes to mind) becomes self-defeating. This is the sense in which virtue ethics is described as a ‘middle way’ between utilitarianism and deontology, insofar as it seeks to avoid the brittleness and inflexibility of deontology while avoiding the boundary problems and indifference to potentially useful social taboos of utilitarianism. Applying this to animal ethics, then, a virtue ethicist would simply say “be compassionate, and everything else will fall into line.”
A utilitarian would respond that this is precisely the function of the rule utilitarianism as fleshed out by J.S. Mill. We can use rules of thumb–such as rules in favor of free speech or rules against killing–even without redoing our utility calculus in between every action we make, because we’ve determined that such rules provide net utility and prevent mental paralysis. The difference between rule utilitarianism and true rights-based views, though, would be that a utilitarian would acknowledge that the rule should be broken if the circumstances require it. The deontologist would then retort: then what the heck was the purpose of having a rule? This back and forth could go on for a while…
Whereas utilitarianism and deontology are premised on abstract principles arrived at by reasoned thought, contractarianism and, especially, the feminist ethic of care, point out that we exist in a network of social relations, and abstract theorizing without attending to the rights, obligations, and relations of those networks is to miss the trees for the forest. Contractarians draw on the social contract tradition in Western political thought that draws most heavily on Hobbes, Locke, and Rousseau. As with deontologists and utilitarians, contractarians can be either for or against taking animals seriously, depending on how the contract is structured.
The ‘standard’ formulation is a rehashing of Diodotus’ speech (from Thucydides), in which he says “we are not at law with [you], and so have no need to speak of justice.” Similarly, many contractarians would say that rights only exist where there are correlative duties, so we can’t speak of owing rights to animals when they (arguably) can’t join into contracts of reciprocal obligation with us. (The caricature one often hears of “giving rights to animals” is relevant here.) Others, like Bernie Rollin, would respond that we have obligations to animals whether we like it or not, precisely because we’ve accepted a contract with them when we become their guardians (etc.). This is also a tie-in to the religious Stewardship/Dominion view of animal ethics outlined in Genesis, which is championed both by conservative speechwriter Matthew Scully and, more recently, E.O. Wilson’s Creation.
Another formulation of contractarianism as applied to animal ethics, however, would be to adapt John Rawl’s veil of ignorance under the hypothetical original position beyond the species line. I don’t have the time or inclination to do justice to Rawls’ original position in a few short sentences, but here’s the short version: in an effort to minimize the effects of arbitrary luck on one’s place along the social hierarchy of a given society, assume for a moment that you didn’t know anything about what kind of person you would be in a society. This would include attributes that you probably take for granted, like your level of intelligence (however calculated), your charisma, your physical fitness, as well as characteristics like the traditional triumvirate of race, class, and gender. Using what he calls the difference principle and a number of other devices, Rawls concludes that people in such an original position under the veil of ignorance would choose to live in a liberal (read: regulated capitalist democracy) society, because they would have the best chance of not being as bad off as the worst off in a laissez faire capitalist society, but would also have the opportunity to be better off than in a society of forced egalitarianism. (And let’s set aside the recent work on relative versus absolute in equality in books like The Spirit Level…). Bringing animal ethics back in: one could imagine an original position that includes nonhuman animals, such that those in the original position would be more inclined to pick a society that treats sentient animals well, whether due to a stewardship mentality or a rights-based ethos.
Finally, the feminist ethic of care would have us supplement our existing conceptions of justice (for Plato: harmony; for Nozick: non-violation of rights; for Rawls: fairness) with a conception of justice as care, and to acknowledge how pervasively we undervalue the role of caring in our society and how broadly we construct dualities and dichotomies–key among them the self/other divide–and how this Manichean dualism perpetuates existing hierarchies of oppression and domination. In other words, to supplement an awareness of androcentrism with an awareness of anthropocentrism. Having just taught a session on feminism, I am again reminded that there is no one feminism, but whether we’re talking about equality or difference feminism, a common theme is that we need to acknowledge caring, nurturing, and empathy-fostering work as work.
Okay, I think that’s about all I can handle for now. I didn’t actually get to how these schools relate to animal ethics specifically as much as I wanted, but it’s important to realize that you’re standing in a building before you go poking about in the different rooms. Hmm…I wonder if that was an androcentric metaphor.