Respecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife

Respecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife

by David S. Favre
Respecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife

Respecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife

by David S. Favre

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Overview

A legal scholar and animal-rights expert argues for a practical approach to using animals respectfully.

In this fresh approach to the animal rights debate, a legal scholar and expert on the humane treatment of animals argues for a middle ground between the extreme positions that often receive the most public attention. Professor Favre advocates an ethic of respectful use of animals, which finds it acceptable for humans to use animals within limited boundaries. He looks at various communities where humans and animals interact: homes, entertainment, commercial farms, local wildlife, and global wildlife.
    
Balancing the interests of the animal against the interests of the human actor is considered in detail. The author examines the following questions, among others: Is it ethically acceptable to shoot your neighbor's dog for barking hours on end? Is it ethical for a zoo to keep a chimpanzee in an exhibit? Is it ethical to eat the meat of an animal?
    
Finally, he discusses how good ethical outcomes can best be transported into the legal system. The author suggests the creation of a new legal category, living property, which would enhance the status of animals in the legal system.
    
This thoughtful, well-argued, and elegantly written book provides readers with a comprehensive and practical context in which to consider their personal and social relationships with animals.

Product Details

ISBN-13: 9781633884267
Publisher: Prometheus Books
Publication date: 06/19/2018
Sold by: Barnes & Noble
Format: eBook
Pages: 272
Sales rank: 293,908
File size: 2 MB

About the Author

David S. Favre is a professor of law at Michigan State University College of Law. His books include the casebook Animal Law: Welfare, Interest, and Rights (2nd ed.), Animal Law and Dog Behavior, and International Trade in Endangered Species. He introduced the concept of "Living Property" which was developed in a number of law review articles over the past decade. He is the creator and editor in chief of the largest animal legal web resource, www.animallaw.info. He was a founding officer of the Animal Legal Defense Fund for 22 years, serving as president of the board for the last two years. Presently he is a vice chair of the American Bar Association /TIPS Committee on Animal Law and in 2012 was chair of the AALS Animal Law Committee. He has received a lifetime achievement award from the Animal Legal Defense Fund, the America Bar Association Animal Law Section, and the American Association of Law Schools, Animal Law Section. Besides being a professor of law, he served as the dean of the College of Law for four years over two periods of time.

Read an Excerpt

Introduction

Admittedly the title Respecting Animals might be a bit ambitious, but after having spent a lifetime peeling back the layers of the animal/human issues, at the core I found some simple but significant concepts that can be used to guide human decision-making about animals. The nature of the problem is that as I peeled back the onion, the concepts became rather sweeping in scope, but that is not my fault. It is clear when you get to the center of a real onion, there is no place else to go; but if you peel an idea-onion, the center can be an elusive space. It is impossible to know when there is only one more idea. Now my thoughts try to encompass all of life (at least all of life that is visible to me). I will not seek any more layers of the onion. With this book, I seek to describe what I have found as best I can.

Humans are enmeshed in a web of life that for most of us contains both wildlife and domestic animals. Millions of pets, companion animals, have a positive life. Unfortunately, for billions of commercial domestic animals, it is not a positive life. While the welfare and suffering of pets are clearly issues before us, as they are physically before us, the death and suffering of wildlife is neither seen nor contemplated by most humans. More and more wildlife are dying as a consequence of the human plague scouring across Earth.

We need a reset, a reconsideration of the relationship between human beings and the other living beings of this planet. Anyone viewing Earth from high above in time-lapse pictures would perceive that humans are seeking to kill the wildlife of the planet by either consuming them as food (e.g., tuna and sharks), destroying their living places (e.g., the growth of palm oil plantations), or transforming them into products for commercial consumption (e.g., elephants and ivory). It is not a pretty picture. Some of the significant factors that got us to this place include too many humans, capitalism running amok, unseen billions of animals killed every year (e.g., chickens and fish), and human ignorance of their impact on other beings that share this earth. This is a good planet; it is our only planet. Should we care about all of these other beings? Is there a path forward for the human individuals in our society who do care about these other beings?

A path forward does exist, and it has a signpost. Written upon the signpost is: Respectful Use. The destination is an indeterminable distance and time away, but it is a place and time where humans will use animals only in the context of respectful use. While it is a simple phrase, it provides a powerful limitation on action when interwoven into the minds of human beings. The idea of respect has a logical, rational component, but it also has an emotional, holist one with roots in human judgments about fairness and justice. This book shall consider why we should think about animals, how we got where we are, and how to walk down the path of respectful use.

Something that this book does not do is consider the realm of religion and whether it plays a role in how humans got to this point of planetary risk or whether religion can play a role in moving us forward. My simple answer is that even though religion is a powerful force in the lives of millions, even billions, of humans, it may or may not be helpful for where we are today or for our future on this planet. Western religions are personal with a focus on living an appropriate life in the eyes of their god and a primary concern about what will happen after the death of the individual. While many religious-based voices have spoken up about the environment and animal issues, it seems to have had only a modest effect. I am without sufficient information to understand Eastern religions. Notwithstanding centuries of religious teaching, countries of the East have significant human overpopulation issues as well as levels of pollution and resource consumption that are not good for humans or animals. Their legal systems barely touch upon the welfare of animals. Therefore, even though a call to respectful use of living beings will hopefully have a positive resonance in many of the religions of the world, those paths will not be considered in these pages. Perhaps others might take up such a task.

The question of animal/human relationships will be contemplated at two levels. The first is in an individual ethical context of how to lead an individual life. The second is a social context in which the law comes into play. No individual human has total freedom to act on personal judgment; the social rules of ethics step in to prevent it. Adoption of law is an outcome of social judgment. Thus, humans are in theory constrained by law to not murder other human beings, even if a particular human, after thoughtful consideration, believes it is acceptable and necessary to murder another human. The restraints of law allow us the freedom to live our daily lives by acknowledging the presence and legal rights of others. The concept of respectful use will need to be transferred into the legal system, since many humans seem incapable of respecting animals. However, development of personal ethics usually precedes adoption of legal standards.

The ethics of philosophy or religion seek to organize our thoughts and help us structure our daily activities within a worldview with which we are comfortable. Within this book the focus is upon animals. Most Americans interact daily with animals, be it the food we eat, the cat we pet, the bird we observe in a tree, or the entertainment we enjoy. How do we think about these animals? How ought we to think about these animals? Ethics presumes we have choices in our lives, and an ethical framework seeks to help us make those choices. Usually, choices turn into habits, which are repetitive actions that do not require thinking about the appropriateness of the action. But often the actions of an individual are based not upon ethical considerations, but upon community or family culture, which is a set of unexamined but acted-upon premises.

The tail of the dog is docked or the cat declawed because others do it, or your family did it in the past. You go hunting or to the zoo because you did so as a child, and may well have positive memories surrounding such events. Individuals seldom have deep conversations with themselves about these habit-based activities unless a trigger event occurs. Something arises to bring into question why you are doing or are about to do something. Others may raise a question that you cannot get out of your head, or an event might occur that causes self-reflection. Perhaps a law is passed that causes difficulties or prohibits what you did in the past.

Consider your family trip to the local zoo. It’s a nice day; the family is together; and the environment is pleasant. You pass by the exhibits, a chimpanzee in one, a group of flamingos in another, or perhaps a building with snakes of all sizes that young children find greatly interesting. Perhaps you spend more than thirty seconds before the chimpanzee and actually look at the animal. You see sadness, stress, a limp, and an other-wise-empty cage. It might be enough to trigger internal questions: “What is this animal doing here? Is this good for the animal?” Will that seed of thought take root and result in a contemplation of the issue of whether it is acceptable to use wild animals as zoo exhibits so that human families can have a pleasant afternoon? Maybe, maybe not.

For the average person, the issue may arise as a less formal question, but still a powerful one: “Should that chimpanzee (bird or snake) be in that cage?” In the more formal world of ethics, the presence of animals in a zoo gives rise to formal statements of the issue, such as “Are the limitations of life and well-being for animals in a zoo ethically justified by humans experiencing pleasant days of entertainment?” When an individual sees an animal at the zoo as more than just passing eye candy (“Oh, Mom, look at that!”), then the possibility of internal or family discussions may arise. When people see the animal, be it a chimpanzee or squirrel monkey, they might think, “This is a being, it has had a life before I passed by and will continue with its life after I pass by. What kind of life is it? Is the animal well taken care of; will it have a natural life? Is this good for the animal? Does it make any difference to me if it is not a good life for the animal?”

Perhaps your family decides to take a trip out into the country to visit the great places where your parents used to camp when they were children. With stories of streams flowing over rocks, deer and bears in the woods, and ducks and cranes on the lake, you cross the crest of the hill and find that suburbia has arrived. While the two-hundred-acre state park is still there, the surrounding landscape has been transformed. There is no room for bear or deer. The stream survives among construction debris, and the lake is barren and lifeless. You reflect: “What has happened to the land, to the wildlife?” Although these animals were also entertainment for the human visitors, unlike the zoo, this is a place that was the natural home for the wildlife. Perhaps you will have another conversation with yourself: “Is it a good thing that human development has supplanted the home of the wildlife? Is it fair that human activity has driven out the prior diversity of life?”

What concepts and principles will be useful in seeking the answers to these questions? Perhaps you ask, “Is the keeping of the animals lawful?” This is not the best first question. The discussion of animal/human relationships requires that the ethical/cultural context be considered first, then the role of the law can be considered. In the United States, we have a long legal history of concern for animal welfare, but that will be the starting point for my next book.

Subsequent chapters will propose that a primary context for deciding what is an ethical outcome for animal/human interactions is the community in which both the human and animal exist. Do they coexist in a commercial farm world or in the home, companionship world? Perhaps the community is the relationship of humans with wild beings in the oceans of the world. While some argue that any animal, or any human, is due the same ethical treatment in all circumstances, I reject this simplistic approach both for humans and for animals. As my ethical duties toward my son or daughter are different from my ethical duty toward strangers around the world, so my ethical duty to my companion animal is different from that to an animal at the local zoo.

Primarily, the task of this book is to propose a comprehensive vision of how animals can be significantly integrated into the lives of humans, not as full equals but as individuals and groups deserving respectful awareness by us—as individuals within the community with status to use legal rights to protect their most vital interests. As the four-year-old human child is not equal to an adult in rights or responsibilities, so the animal should not be considered equal to the child or the adult human in rights and responsibilities.

While the rabbit in the bush, the rabbit in the cage at a research center, and the rabbit in someone’s living room may be biologically equivalent, they are not and cannot be considered identical in an ethical sense. It is the human context that is critical to the justifiable expectations for the rabbit. Biological similarities do not necessarily result in equal treatment under the law; it is more complex than that. Likewise, animal biological similarities to humans are not sufficient to build a house of ethics. The situation is more difficult.

This book will seek to provide some blending between two very distinct worldviews. The first has a focus on the welfare of individual animals. This view arises primarily out of the experience of humans having companion animals and knowing them as distinct individuals. The second view is about the nature and existence of ecosystems, which may contain a great diversity of animals that are unseen as individuals. The environmental perspective is about the existence and health of complex ecosystems. Most environmentalists do not focus on the welfare of individual animals within the various ecosystems. Those who focus their intellectual energy solely on the individual animals, particularly the beloved pet, must understand the limited context in which such animals live and must not expect extrapolation of that status to other animals, particularly wildlife. The environmentalist and the animalist will need to move toward each other.

Although I have an ethical path to suggest for the reader, I do not pretend to have all the answers. Any teacher of ideas knows that the best learning arises when the teacher provides some information for context but then leads the student forward with questions that trigger self- reflection. A primary goal of this book is to provide the reader with a comprehensive and useful context in which to consider personal and social relationships with animals. I am pleased that you are allowing me to lead you forward on this journey of self-discovery.

Table of Contents

Foreword Bernard E. Rollin, author of A New Basis for Animal Ethics 13

Acknowledgments 17

Introduction 19

Chapter 1 An Ethical Duty toward Animals 27

Chapter 2 The Fork in the Road: The Use of Beings 35

Chapter 3 Respectful Use 43

A Postscript 55

Chapter 4 The Property Status 57

The Jet Discussion 60

Interlude: Fence Row Farm 63

Chapter 5 Introduction to Communities 67

Two New Concepts 71

The Frog Pond 73

Chapter 6 Human Communities 77

Chapter 7 Human Communities with Animals 85

The Community of Companions (of Family) 86

Community with Working Animals 88

Community with Local Wildlife 89

Community with Global Wildlife 93

Community with Industrial Agricultural Animals versus Historical Agricultural Animals 95

The Community of Our Knowledge Seekers of Self and Society 97

Negative Communities 98

The Community of Genetic Creation 99

Chapter 8 We All Have Interests 103

If Something Is Alive, It Has interests 103

The Source of Biological Self-Interest 104

Human Interest 106

Community Interest 108

Environmental Interests 109

Conflicts of Interests between Humans 109

Conflicts of Interests between Humans and Animals 110

Chapter 9 Pause and Refocus 115

The Cat and the Cactus 116

Chapter 10 The Process of Making Judgments 119

How We Think 120

The Logical versus the Holist 121

Our Brains in Operation 123

Holistic Judgments within the Law 130

Judgments and Information 133

Limits of Logic 134

Habit versus Judgment 135

Chapter 11 Values 139

The Environment 143

Chapter 12 Ethical Judgments about Animals 149

Making Private Judgments 149

Making Collective Judgments 152

Impact of Money 156

Information 158

Weighing the Interests 159

The Ethics of Purchasing 161

Chapter 13 We Are the Gods of Old 165

How Has This Happened? 166

Humans as the Information Species 168

Professor Xybery Lecture 170

The Duties of the Gods 178

Being a Civitist 179

The Deer Park Problem 181

Individual Life 183

The DNA within Life 183

Ethical Context for Genetic Creation of New Animals 185

Chapter 14 Dealing with Death 189

A Few Difficult Deaths 190

End- of-Life Decisions 194

Zoo Question 195

Local Wildlife Question 196

The Act versus the Motivation for the Act 196

Death by Plant Production 198

The Death of Farm Animals in a Pasture-Based System 200

A Conversation with Karen 204

Death of Animals in Science and Testing Products 209

A Sad Sheep Story 211

Death by Hunter 211

The Airplane Food Dilemma 213

Chapter 15 Do Ethics Operate Within Or Upon Global Corporations And Governments? 215

The Nature of Large Corporations 217

Corporate Motivation 220

Rules of Capitalism 221

Corporate Leadership 223

Code of Responsibility for Animal-Owning Corporations 230

Chapter 16 A Foray into the Law 233

Legal Personality 234

Living Property: Animalhood 238

Wills and Trust 240

Human Divorce 241

Equitable Self-Ownership 242

What about Wild Animals? 243

Welfare versus Rights 246

Postscript: Final Thoughts 251

Notes 255

Index 265

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