Animal rights

From Wikipedia, the free encyclopedia

Animal rights
Description of beliefs	Non-human animals have interests, and those interests ought not to be discriminated against on the basis of species membership alone.[1]
Early proponents	Percy Bysshe Shelley (1792–1822) Henry Salt (1851–1939) Lizzy Lind af Hageby (1878–1963) Leonard Nelson (1882–1927)
Notable academic proponents	Stephen R. L. Clark David DeGrazia Gary Francione Robert Garner Rosalind Hursthouse Andrew Linzey Mary Midgley Martha Nussbaum Tom Regan Bernard Rollin Mark Rowlands Richard D. Ryder Steve Sapontzis Peter Singer Cass Sunstein Steven M. Wise
List	List of animal rights advocates
Key texts	Henry Salt's Animals' Rights (1894) Peter Singer's Animal Liberation (1975) Tom Regan's The Case for Animal Rights (1983) Carol J Adams's The Sexual Politics of Meat: A Feminist-Vegetarian Critical Theory (1990) Gary Francione's Animals, Property, and the Law (1995)
Portal	Animal rights portal

Animal rights is the idea in which some, or all, non-human animals are entitled to the possession of their own lives and that their most basic interests—such as the need to avoid suffering—should be afforded the same consideration as similar interests of human beings.^[2]

Advocates oppose the assignment of moral value and fundamental protections on the basis of species membership alone—an idea known since 1970 as speciesism, when the term was coined by Richard D. Ryder—arguing that it is a prejudice as irrational as any other.^[3] They maintain that animals should no longer be viewed as property or used as food, clothing, research subjects, entertainment, or beasts of burden.^[4] Multiple cultural traditions around the world—such as Animism, Taoism, Hinduism, Buddhism, and Jainism—also espouse some forms of animal rights.

In parallel to the debate about moral rights, animal law is now widely taught in law schools in North America, and several prominent legal scholars^[who?] support the extension of basic legal rights and personhood to at least some animals. The animals most often considered in arguments for personhood are bonobos and chimpanzees. This is supported by some animal rights academics because it would break through the species barrier, but opposed by others because it predicates moral value on mental complexity, rather than on sentience alone.^[5]

Critics of animal rights argue that nonhuman animals are unable to enter into a social contract, and thus cannot be possessors of rights, a view summed up by the philosopher Roger Scruton, who writes that only humans have duties, and therefore only humans have rights.^[6] Another argument, associated with the utilitarian tradition, is that animals may be used as resources so long as there is no unnecessary suffering; they may have some moral standing, but they are inferior in status to human beings, and any interests they have may be overridden, though what counts as "necessary" suffering or a legitimate sacrifice of interests varies considerably.^[7] Certain forms of animal rights activism, such as the destruction of fur farms and animal laboratories by the Animal Liberation Front, have also attracted criticism, including from within the animal rights movement itself,^[8] as well as prompted reaction from the U.S. Congress with the enactment of laws allowing these activities to be prosecuted as terrorism, including the Animal Enterprise Terrorism Act.^[9]

Historical development in the West

Moral status and animals in the ancient world

Aristotle argued that animals lacked reason (logos), and placed humans at the top of the natural world.^[10]

Aristotle argued that animals lacked reason (logos), and placed humans at the top of the natural world, yet the respect for animals in ancient Greece was very high. Some animals were considered divine, e.g. dolphins. The 21st-century debates about animals can be traced back to the savage stone age from horrible histories, and the idea of a divine hierarchy. In the Book of Genesis 1:26 (5th or 6th century BCE), Adam is given "dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth." Dominion need not entail property rights, but it has been interpreted, by some, over the centuries to imply ownership.^[11]

Contemporary philosopher Bernard Rollin writes that "dominion does not entail or allow abuse any more than does dominion a parent enjoys over a child."^[12] Rollin further states that the Biblical Sabbath requirement promulgated in the Ten Commandments "required that animals be granted a day of rest along with humans. Correlatively, the Bible forbids 'plowing with an ox and an ass together' (Deut. 22:10–11). According to the rabbinical tradition, this prohibition stems from the hardship that an ass would suffer by being compelled to keep up with an ox, which is, of course, far more powerful. Similarly, one finds the prohibition against 'muzzling an ox when it treads out the grain' (Deut. 25:4–5), and even an environmental prohibition against destroying trees when besieging a city (Deut. 20:19–20). These ancient regulations, virtually forgotten, bespeak of an eloquent awareness of the status of animals as ends in themselves", a point also corroborated by Norm Phelps.

The philosopher and mathematician, Pythagoras (c. 580–c. 500 BCE), urged respect for animals, believing that human and nonhuman souls were reincarnated from human to animal, and vice versa. ^[14] Against this, Aristotle (384–322 BCE), student to the philosopher Plato, argued that nonhuman animals had no interests of their own, ranking them far below humans in the Great Chain of Being. He was the first to create a taxonomy of animals; he perceived some similarities between humans and other species, but argued for the most part that animals lacked reason (logos), reasoning (logismos), thought (dianoia, nous), and belief (doxa).^[10]

Theophrastus (c. 371 – c. 287 BCE), one of Aristotle's pupils, argued that animals also had reasoning (logismos) and opposed eating meat on the grounds that it robbed them of life and was therefore unjust.^[15][16] Theophrastus did not prevail; Richard Sorabji writes that current attitudes to animals can be traced to the heirs of the Western Christian tradition selecting the hierarchy that Aristotle sought to preserve.^[10]

Plutarch (1 C. CE) in his Life of Cato the Elder comments that while law and justice are applicable strictly to men only, beneficence and charity towards beasts is characteristic of a gentle heart. This is intended as a correction and advance over the merely utilitarian treatment of animals and slaves by Cato himself.^[17]

Tom Beauchamp (2011) writes that the most extensive account in antiquity of how animals should be treated was written by the Neoplatonist philosopher Porphyry (234–c. 305 CE), in his On Abstinence from Animal Food, and On Abstinence from Killing Animals.^[18]

17th century: Animals as automata

Early animal protection laws in Europe

According to Richard D. Ryder, the first known animal protection legislation in Europe was passed in Ireland in 1635. It prohibited pulling wool off sheep, and the attaching of ploughs to horses' tails, referring to "the cruelty used to beasts."^[19] In 1641 the first legal code to protect domestic animals in North America was passed by the Massachusetts Bay Colony.^[20] The colony's constitution was based on The Body of Liberties by the Reverend Nathaniel Ward (1578–1652), an English lawyer, Puritan clergyman, and University of Cambridge graduate. Ward's list of "rites" included rite 92: "No man shall exercise any Tirrany or Crueltie toward any brute Creature which are usually kept for man's use." Historian Roderick Nash (1989) writes that, at the height of René Descartes' influence in Europe—and his view that animals were simply automata—it is significant that the New Englanders created a law that implied animals were not unfeeling machines.^[21]

The Puritans passed animal protection legislation in England too. Kathleen Kete writes that animal welfare laws were passed in 1654 as part of the ordinances of the Protectorate—the government under Oliver Cromwell (1599–1658), which lasted from 1653 to 1659, following the English Civil War. Cromwell disliked blood sports, which included cockfighting, cock throwing, dog fighting, bull baiting and bull running, said to tenderize the meat. These could be seen in villages and fairgrounds, and became associated with idleness, drunkenness, and gambling. Kete writes that the Puritans interpreted the biblical dominion of man over animals to mean responsible stewardship, rather than ownership. The opposition to blood sports became part of what was seen as Puritan interference in people's lives, and the animal protection laws were overturned during the Restoration, when Charles II was returned to the throne in 1660.^[22]

René Descartes

“	[Animals] eat without pleasure, cry without pain, grow without knowing it; they desire nothing, fear nothing, know nothing. — Nicolas Malebranche (1638–1715)[23]	”

The great influence of the 17th century was the French philosopher, René Descartes (1596–1650), whose Meditations (1641) informed attitudes about animals well into the 20th century.^[24] Writing during the scientific revolution, Descartes proposed a mechanistic theory of the universe, the aim of which was to show that the world could be mapped out without allusion to subjective experience.^[25]

“	Hold then the same view of the dog which has lost his master, which has sought him in all the thoroughfares with cries of sorrow, which comes into the house troubled and restless, goes downstairs, goes upstairs; goes from room to room, finds at last in his study the master he loves, and betokens his gladness by soft whimpers, frisks, and caresses. There are barbarians who seize this dog, who so greatly surpasses man in fidelity and friendship, and nail him down to a table and dissect him alive, to show you the mesaraic veins! You discover in him all the same organs of feeling as in yourself. Answer me, mechanist, has Nature arranged all the springs of feeling in this animal to the end that he might not feel? — Voltaire (1694–1778)[26]	”

His mechanistic approach was extended to the issue of animal consciousness. Mind, for Descartes, was a thing apart from the physical universe, a separate substance, linking human beings to the mind of God. The nonhuman, on the other hand, were for Descartes nothing but complex automata, with no souls, minds, or reason.^[24]

Treatment of animals as man's duty towards himself

John Locke, Immanuel Kant

Against Descartes, the British philosopher John Locke (1632–1704) argued, in Some Thoughts Concerning Education (1693), that animals did have feelings, and that unnecessary cruelty toward them was morally wrong, but that the right not to be harmed adhered either to the animal's owner, or to the human being who was being damaged by being cruel. Discussing the importance of preventing children from tormenting animals, he wrote: "For the custom of tormenting and killing of beasts will, by degrees, harden their minds even towards men."^[27]

Locke's position echoed that of Thomas Aquinas (1225–1274). Paul Waldau writes that the argument can be found at 1 Corinthians (9:9–10), when Paul asks: "Is it for oxen that God is concerned? Does he not speak entirely for our sake? It was written for our sake." Christian philosophers interpreted this to mean that humans had no direct duty to nonhuman animals, but had a duty only to protect them from the effects of engaging in cruelty.^[28]

The German philosopher Immanuel Kant (1724–1804), following Aquinas, opposed the idea that humans have direct duties toward nonhumans. For Kant, cruelty to animals was wrong only because it was bad for humankind. He argued in 1785 that "cruelty to animals is contrary to man's duty to himself, because it deadens in him the feeling of sympathy for their sufferings, and thus a natural tendency that is very useful to morality in relation to other human beings is weakened."^[29]

18th century: Centrality of sentience

Jean-Jacques Rousseau argued for the inclusion of animals in natural law.

Jean-Jacques Rousseau

Jean-Jacques Rousseau (1712–1778) argued in Discourse on Inequality (1754) for the inclusion of animals in natural law on the grounds of sentience: "By this method also we put an end to the time-honored disputes concerning the participation of animals in natural law: for it is clear that, being destitute of intelligence and liberty, they cannot recognize that law; as they partake, however, in some measure of our nature, in consequence of the sensibility with which they are endowed, they ought to partake of natural right; so that mankind is subjected to a kind of obligation even toward the brutes. It appears, in fact, that if I am bound to do no injury to my fellow-creatures, this is less because they are rational than because they are sentient beings: and this quality, being common both to men and beasts, ought to entitle the latter at least to the privilege of not being wantonly ill-treated by the former."^[30]

In his treatise on education, Emile, or On Education (1762), he encouraged parents to raise their children on a vegetarian diet. He believed that the food of the culture a child was raised eating, played an important role in the character and disposition they would develop as adults. "For however one tries to explain the practice, it is certain that great meat-eaters are usually more cruel and ferocious than other men. This has been recognized at all times and in all places. The English are noted for their cruelty while the Gaures are the gentlest of men. All savages are cruel, and it is not their customs that tend in this direction; their cruelty is the result of their food."

Jeremy Bentham

Jeremy Bentham: "The time will come, when humanity will extend its mantle over every thing which breathes."^[31]

Four years later, one of the founders of modern utilitarianism, the English philosopher Jeremy Bentham (1748–1832), although opposed to the concept of natural rights, argued that it was the ability to suffer that should be the benchmark of how we treat other beings. Bentham claims that the capacity for suffering gives the right to equal consideration, equal consideration is that the interest of any being affected by an action are to be considered and have the equal interest of any other being . If rationality were the criterion, he argued, many humans, including infants and the disabled, would also have to be treated as though they were things.^[32] He did not conclude that humans and nonhumans had equal moral significance, but argued that the latter's interests should be taken into account. He wrote in 1789, just as African slaves were being freed by the French:

The French have already discovered that the blackness of the skin is no reason a human being should be abandoned without redress to the caprice of a tormentor. It may one day come to be recognized that the number of the legs, the villosity of the skin, or the termination of the os sacrum are reasons equally insufficient for abandoning a sensitive being to the same fate. What else is it that should trace the insuperable line? Is it the faculty of reason or perhaps the faculty of discourse? But a full-grown horse or dog, is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day or a week or even a month, old. But suppose the case were otherwise, what would it avail? the question is not, Can they reason?, nor Can they talk? but, Can they suffer?^[33]

19th century: Emergence of jus animalium

Badger baiting, one of the rural sports campaigners sought to ban from 1800 onwards.

The 19th century saw an explosion of interest in animal protection, particularly in England. Debbie Legge and Simon Brooman write that the educated classes became concerned about attitudes toward the old, the needy, children, and the insane, and that this concern was extended to nonhumans. Before the 19th century, there had been prosecutions for poor treatment of animals, but only because of the damage to the animal as property. In 1793, for example, John Cornish was found not guilty of maiming a horse after pulling the animal's tongue out; the judge ruled that Cornish could be found guilty only if there was evidence of malice toward the owner.^[34]

From 1800 onwards, there were several attempts in England to introduce animal protection legislation. The first was a bill against bull baiting, introduced in April 1800 by a Scottish MP, Sir William Pulteney (1729–1805). It was opposed inter alia on the grounds that it was anti-working class, and was defeated by two votes. Another attempt was made in 1802, this time opposed by the Secretary at War, William Windham (1750–1810), who said the Bill was supported by Methodists and Jacobins who wished to "destroy the Old English character, by the abolition of all rural sports."^[35]

In 1809, Lord Erskine (1750-1823) introduced a bill to protect cattle and horses from malicious wounding, wanton cruelty, and beating. He told the House of Lords that animals had protection only as property: "The animals themselves are without protection--the law regards them not substantively--they have no rights!"^[36] Erskine in his parliamentary speech combined the vocabulary of animal rights and trusteeship with a theological appeal included in the Bill's preamble to opposing cruelty.^[37] The Bill was passed by the Lords, but was opposed in the Commons by Windham, who said it would be used against the "lower orders" when the real culprits would be their employers.^[35]

Martin's Act

“	If I had a donkey wot wouldn't go, D' ye think I'd wollop him? No, no, no! But gentle means I'd try, d' ye see, Because I hate all cruelty. If all had been like me, in fact, There'd ha' been no occasion for Martin's Act. — Music hall song inspired by the prosecution of Bill Burns for cruelty to a donkey.[38]	”

The Trial of Bill Burns

In 1821, the Treatment of Horses bill was introduced by Colonel Richard Martin (1754–1834), MP for Galway in Ireland, but it was lost among laughter in the House of Commons that the next thing would be rights for asses, dogs, and cats.^[39] Nicknamed "Humanity Dick" by George IV, Martin finally succeeded in 1822 with his "Ill Treatment of Horses and Cattle Bill"—or "Martin's Act", as it became known—which was the world's first major piece of animal protection legislation. It was given royal assent on June 22 that year as An Act to prevent the cruel and improper Treatment of Cattle, and made it an offence, punishable by fines up to five pounds or two months imprisonment, to "beat, abuse, or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep or other cattle."^[34]

Legge and Brooman argue that the success of the Bill lay in the personality of "Humanity Dick", who was able to shrug off the ridicule from the House of Commons, and whose sense of humour managed to capture the House's attention.^[34] It was Martin himself who brought the first prosecution under the Act, when he had Bill Burns, a costermonger—a street seller of fruit—arrested for beating a donkey, and paraded the animal's injuries before a reportedly astonished court. Burns was fined, and newspapers and music halls were full of jokes about how Martin had relied on the testimony of a donkey.^[40]

Other countries followed suit in passing legislation or making decisions that favoured animals. In 1822, the courts in New York ruled that wanton cruelty to animals was a misdemeanor at common law.^[20] In France in 1850, Jacques Philippe Delmas de Grammont succeeded in having the Loi Grammont passed, outlawing cruelty against domestic animals, and leading to years of arguments about whether bulls could be classed as domestic in order to ban bullfighting.^[41] The state of Washington followed in 1859, New York in 1866, California in 1868, and Florida in 1889.^[42] In England, a series of amendments extended the reach of the 1822 Act, which became the Cruelty to Animals Act 1835, outlawing cockfighting, baiting, and dog fighting, followed by another amendment in 1849, and again in 1876.

Society for the Prevention of Cruelty to Animals

“	At a meeting of the Society instituted for the purpose of preventing cruelty to animals, on the 16th day of June 1824, at Old Slaughter's Coffee House, St. Martin's Lane: T F Buxton Esqr, MP, in the Chair, It was resolved: That a committee be appointed to superintend the Publication of Tracts, Sermons, and similar modes of influencing public opinion, to consist of the following Gentlemen: Sir Jas. Mackintosh MP, A Warre Esqr. MP, Wm. Wilberforce Esqr. MP, Basil Montagu Esqr., Revd. A Broome, Revd. G Bonner, Revd G A Hatch, A E Kendal Esqr., Lewis Gompertz Esqr., Wm. Mudford Esqr., Dr. Henderson. Resolved also: That a Committee be appointed to adopt measures for Inspecting the Markets and Streets of the Metropolis, the Slaughter Houses, the conduct of Coachmen, etc.- etc, consisting of the following Gentlemen: T F Buxton Esqr. MP, Richard Martin Esqr., MP, Sir James Graham, L B Allen Esqr., C C Wilson Esqr., Jno. Brogden Esqr., Alderman Brydges, A E Kendal Esqr., E Lodge Esqr., J Martin Esqr. T G Meymott Esqr. A. Broome, Honorary Secretary[40]	”

Further information: Royal Society for the Prevention of Cruelty to Animals

Richard Martin soon realized that magistrates did not take the Martin Act seriously, and that it was not being reliably enforced. Martin's Act was supported by various social reformers who were not parliamentarians and an informal network had gathered around the efforts of Reverend Arthur Broome (1779-1837) to create a voluntary organisation that would promote kindness toward animals. Broome canvassed opinions in letters that were published or summarised in various periodicals in 1821.^[43] After the passage of Richard Martin's anti-cruelty to cattle bill in 1822, Broome attempted to form a Society for the Prevention of Cruelty to Animals that would bring together the patronage of persons who were of social rank and committed to social reforms. Broome did organise and chair a meeting of sympathisers in November 1822 where it was agreed that a Society should be created and at which Broome was named its Secretary but the attempt was short-lived.^[44] In 1824 Broome arranged a new meeting in Old Slaughter's Coffee House in St. Martin's Lane, a London café frequented by artists and actors. The group met on June 16, 1824, and included a number of MPs: Richard Martin, Sir James Mackintosh (1765–1832), Sir Thomas Buxton (1786–1845), William Wilberforce (1759–1833), and Sir James Graham (1792–1861), who had been an MP, and who became one again in 1826.^[38]

They decided to form a "Society instituted for the purpose of preventing cruelty to animals"; the Society for the Prevention of Cruelty to Animals, as it became known. It determined to send men to inspect slaughterhouses, Smithfield Market, where livestock had been sold since the 10th century, and to look into the treatment of horses by coachmen.^[38] The Society became the Royal Society in 1840, when it was granted a royal charter by Queen Victoria, herself strongly opposed to vivisection.^[45]

From 1824 onwards, several books were published, analyzing animal rights issues, rather than protection alone. Lewis Gompertz (1783/4–1865), one of the men who attended the first meeting of the SPCA, published Moral Inquiries on the Situation of Man and of Brutes (1824), arguing that every living creature, human and nonhuman, has more right to the use of its own body than anyone else has to use it, and that our duty to promote happiness applies equally to all beings. Edward Nicholson (1849–1912), head of the Bodleian Library at the University of Oxford, argued in Rights of an Animal (1879) that animals have the same natural right to life and liberty that human beings do, disregarding Descartes' mechanistic view—or what he called the "Neo-Cartesian snake"—that they lack consciousness.^[46] Other writers of the time who explored whether animals might have natural (or moral) rights were Edward Payson Evans (1831–1917), John Muir (1838–1914), and J. Howard Moore (1862–1916), an American zoologist and author of The Universal Kinship (1906) and The New Ethics (1907).^[47]

Arthur Schopenhauer

Schopenhauer argued in 1839 that the view of cruelty as wrong only because it hardens humans was "revolting and abominable".^[48]

The development in England of the concept of animal rights was strongly supported by the German philosopher, Arthur Schopenhauer (1788–1860). He wrote that Europeans were "awakening more and more to a sense that beasts have rights, in proportion as the strange notion is being gradually overcome and outgrown, that the animal kingdom came into existence solely for the benefit and pleasure of man."^[49]

He stopped short of advocating vegetarianism, arguing that, so long as an animal's death was quick, men would suffer more by not eating meat than animals would suffer by being eaten.^{[citation needed]} He applauded the animal protection movement in England—"To the honor, then, of the English, be it said that they are the first people who have, in downright earnest, extended the protecting arm of the law to animals."^[49] He also argued against the dominant Kantian idea that animal cruelty is wrong only insofar as it brutalizes humans:

Thus, because Christian morality leaves animals out of account ... they are at once outlawed in philosophical morals; they are mere "things," mere means to any ends whatsoever. They can therefore be used for vivisection, hunting, coursing, bullfights, and horse racing, and can be whipped to death as they struggle along with heavy carts of stone. Shame on such a morality that is worthy of pariahs, chandalas, and mlechchhas, and that fails to recognize the eternal essence that exists in every living thing ...^[48]

Percy Bysshe Shelley

The English poet and dramatist Percy Bysshe Shelley (1792–1822) wrote two essays advocating a vegetarian diet, for ethical and health reasons: A Vindication of Natural Diet (1813) and On the Vegetable System of Diet (1829, posth.).

John Stuart Mill

John Stuart Mill (1806–1873), the English philosopher, also argued that utilitarianism must take animals into account, writing in 1864:^{[year verification needed]} "Nothing is more natural to human beings, nor, up to a certain point in cultivation, more universal, than to estimate the pleasures and pains of others as deserving of regard exactly in proportion to their likeness to ourselves. ... Granted that any practice causes more pain to animals than it gives pleasure to man; is that practice moral or immoral? And if, exactly in proportion as human beings raise their heads out of the slough of selfishness, they do not with one voice answer 'immoral,' let the morality of the principle of utility be for ever condemned."^[50]

Charles Darwin

Charles Darwin wrote in 1837: "Do not slave holders wish to make the black man other kind?"

James Rachels writes that Charles Darwin's (1809–1882) On the Origin of Species (1859)—which presented the theory of evolution by natural selection—revolutionized the way humans viewed their relationship with other species. Not only did human beings have a direct kinship with other animals, but the latter had social, mental and moral lives too, Darwin argued.^[51] He wrote in his Notebooks (1837): "Animals – whom we have made our slaves we do not like to consider our equals. – Do not slave holders wish to make the black man other kind?"^[52] Later, in The Descent of Man (1871), he argued that "There is no fundamental difference between man and the higher mammals in their mental faculties", attributing to animals the power of reason, decision making, memory, sympathy, and imagination.^[51]

Rachels writes that Darwin noted the moral implications of the cognitive similarities, arguing that "humanity to the lower animals" was one of the "noblest virtues with which man is endowed." He was strongly opposed to any kind of cruelty to animals, including setting traps. He wrote in a letter that he supported vivisection for "real investigations on physiology; but not for mere damnable and detestable curiosity. It is a subject which makes me sick with horror ..." In 1875, he testified before a Royal Commission on Vivisection, lobbying for a bill to protect both the animals used in vivisection, and the study of physiology. Rachels writes that the animal rights advocates of the day, such as Frances Power Cobbe, did not see Darwin as an ally.^[51]

American SPCA, Frances Power Cobbe, Anna Kingsford

Frances Power Cobbe founded two of the first anti-vivisection groups.

Anna Kingsford, one of the first English women to graduate in medicine, published The Perfect Way in Diet (1881), advocating vegetarianism.

An early proposal for legal rights for animals came from a group of citizens in Ashtabula County, Ohio. Around 1844, the group proposed an amendment to the U.S. Constitution stating that if slaves from slave states were receiving representation as 3/5 of a person on the basis that they were animal property, all the animal property of the free states should receive representation also.^[53]

The first animal protection group in the United States, the American Society for the Prevention of Cruelty to Animals (ASPCA), was founded by Henry Bergh in April 1866. Bergh had been appointed by President Abraham Lincoln to a diplomatic post in Russia, and had been disturbed by the mistreatment of animals he witnessed there. He consulted with the president of the RSPCA in London, and returned to the United States to speak out against bullfights, cockfights, and the beating of horses. He created a "Declaration of the Rights of Animals", and in 1866 persuaded the New York state legislature to pass anti-cruelty legislation and to grant the ASPCA the authority to enforce it.^[54]

In 1875, the Irish social reformer Frances Power Cobbe (1822–1904) founded the Society for the Protection of Animals Liable to Vivisection, the world's first organization opposed to animal research, which became the National Anti-Vivisection Society. In 1880, the English feminist Anna Kingsford (1846–1888) became one of the first English women to graduate in medicine, after studying for her degree in Paris, and the only student at the time to do so without having experimented on animals. She published The Perfect Way in Diet (1881), advocating vegetarianism, and in the same year founded the Food Reform Society. She was also vocal in her opposition to experimentation on animals.^[55] In 1898, Cobbe set up the British Union for the Abolition of Vivisection, with which she campaigned against the use of dogs in research, coming close to success with the 1919 Dogs (Protection) Bill, which almost became law.

Ryder writes that, as the interest in animal protection grew in the late 1890s, attitudes toward animals among scientists began to harden. They embraced the idea that what they saw as anthropomorphism—the attribution of human qualities to nonhumans—was unscientific. Animals had to be approached as physiological entities only, as Ivan Pavlov wrote in 1927, "without any need to resort to fantastic speculations as to the existence of any possible subjective states." It was a position that hearkened back to Descartes in the 17th century, that nonhumans were purely mechanical, with no rationality and perhaps even no consciousness.^[56]

Friedrich Nietzsche

Avoiding utilitarianism, Friedrich Nietzsche (1844–1900) found other reasons to defend animals. He argued that "The sight of blind suffering is the spring of the deepest emotion."^[57] He once wrote: "For man is the cruelest animal. At tragedies, bull-fights, and crucifixions hath he hitherto been happiest on earth; and when he invented his hell, behold, that was his heaven on earth."^[58] Throughout his writings, he speaks of the human being as an animal.^[59]

Henry Salt

In 1894, Henry Salt (1851–1939), a former master at Eton, who had set up the Humanitarian League to lobby for a ban on hunting the year before, published Animals' Rights: Considered in Relation to Social Progress.^[60] He wrote that the object of the essay was to "set the principle of animals' rights on a consistent and intelligible footing."^[61] Concessions to the demands for jus animalium had been made grudgingly to date, he wrote, with an eye on the interests of animals qua property, rather than as rights bearers:

Even the leading advocates of animal rights seem to have shrunk from basing their claim on the only argument which can ultimately be held to be a really sufficient one—the assertion that animals, as well as men, though, of course, to a far less extent than men, are possessed of a distinctive individuality, and, therefore, are in justice entitled to live their lives with a due measure of that "restricted freedom" to which Herbert Spencer alludes.^[61]

He argued that there was no point in claiming rights for animals if those rights were subordinated to human desire, and took issue with the idea that the life of a human might have more moral worth. "[The] notion of the life of an animal having 'no moral purpose,' belongs to a class of ideas which cannot possibly be accepted by the advanced humanitarian thought of the present day—it is a purely arbitrary assumption, at variance with our best instincts, at variance with our best science, and absolutely fatal (if the subject be clearly thought out) to any full realization of animals' rights. If we are ever going to do justice to the lower races, we must get rid of the antiquated notion of a 'great gulf' fixed between them and mankind, and must recognize the common bond of humanity that unites all living beings in one universal brotherhood."^[61]

20th century: Animal rights movement

Brown Dog Affair, Lizzy Lind af Hageby

Lizzy Lind af Hageby (centre, seated) in 1913.

In 1902, Lizzy Lind af Hageby (1878–1963), a Swedish feminist, and a friend, Lisa Shartau, traveled to England to study medicine at the London School of Medicine for Women, intending to learn enough to become authoritative anti-vivisection campaigners. In the course of their studies, they witnessed several animal experiments, and published the details as The Shambles of Science: Extracts from the Diary of Two Students of Physiology (1903). Their allegations included that they had seen a brown terrier dog dissected while conscious, which prompted angry denials from the researcher, William Bayliss, and his colleagues. After Stephen Coleridge of the National Anti-Vivisection Society accused Bayliss of having violated the Cruelty to Animals Act 1876, Bayliss sued and won, convincing a court that the animal had been anesthetized as required by the Act.^[62]

In response, anti-vivisection campaigners commissioned a statue of the dog to be erected in Battersea Park in 1906, with the plaque: "Men and Women of England, how long shall these Things be?" The statue caused uproar among medical students, leading to frequent vandalism of the statue and the need for a 24-hour police guard. The affair culminated in riots in 1907 when 1,000 medical students clashed with police, suffragettes and trade unionists in Trafalgar Square. Battersea Council removed the statue from the park under cover of darkness two years later.^[62]

Coral Lansbury (1985) and Hilda Kean (1998) write that the significance of the affair lay in the relationships that formed in support of the "Brown Dog Done to Death", which became a symbol of the oppression the women's suffrage movement felt at the hands of the male political and medical establishment. Kean argues that both sides saw themselves as heirs to the future. The students saw the women and trade unionists as representatives of anti-science sentimentality, while the women saw themselves as progressive, with the students and their teachers belonging to a previous age.^[63]

Development of veganism

Members of the English Vegetarian Society who avoided the use of eggs and animal milk in the 19th and early 20th century were known as strict vegetarians. The International Vegetarian Union cites an article informing readers of alternatives to shoe leather in the Vegetarian Society's magazine in 1851 as evidence of the existence of a group that sought to avoid animal products entirely. There was increasing unease within the Society from the start of the 20th century onwards with regards to egg and milk consumption, and in 1923 its magazine wrote that the "ideal position for vegetarians is [complete] abstinence from animal products."^[64]

Mahatma Gandhi (1869–1948) argued in 1931 before a meeting of the Society in London that vegetarianism should be pursued in the interests of animals, and not only as a human health issue. He met both Henry Salt and Anna Kingsford, and read Salt's A Plea for Vegetarianism (1880). Salt wrote in the pamphlet that "a Vegetarian is still regarded, in ordinary society, as little better than a madman."^[64] In 1944, several members, led by Donald Watson (1910–2016), decided to break from the Vegetarian Society over the issue of egg and milk use. Watson coined the term "vegan" for those whose diet included no animal products, and they formed the British Vegan Society on November 1 that year.^[65]

Tierschutzgesetz

This cartoon appeared in Kladderadatsch, a German satirical magazine, on September 3, 1933, showing lab animals giving the Nazi salute to Hermann Göring, after restrictions on animal testing were announced.

On coming to power in January 1933, the Nazi Party passed a comprehensive set of animal protection laws. The laws were similar to those that already existed in England, though more detailed and with severe penalties for breaking them. Arnold Arluke and Boria Sax write that the Nazis tried to abolish the distinction between humans and animals, to the point where many people were regarded as less valuable than animals.^[66]

In April 1933 they passed laws regulating the slaughter of animals; one of their targets was kosher slaughter. In November the Tierschutzgesetz, or animal protection law, was introduced, with Adolf Hitler announcing an end to animal cruelty: "Im neuen Reich darf es keine Tierquälerei mehr geben." ("In the new Reich, no more animal cruelty will be allowed.") It was followed in July 1934 by the Reichsjagdgesetz, prohibiting hunting; in July 1935 by the Naturschutzgesetz, environmental legislation; in November 1937 by a law regulating animal transport in cars; and in September 1938 by a similar law dealing with animals on trains.^[67] Hitler was a vegetarian in the later years of his life; several members of his inner circle, including Rudolf Hess, Joseph Goebbels, and Heinrich Himmler, adopted some form of vegetarianism, though by most accounts their vegetarianism was not as strict as Hitler's.^[68]

Increase in animal use

Despite the proliferation of animal protection legislation, animals still had no legal rights. Debbie Legge writes that existing legislation was very much tied to the idea of human interests, whether protecting human sensibilities by outlawing cruelty, or protecting property rights by making sure animals were not damaged. The over-exploitation of fishing stocks, for example, is viewed as harming the environment for people; the hunting of animals to extinction means that humans in the future will derive no enjoyment from them; poaching results in financial loss to the owner, and so on.^[42]

Notwithstanding the interest in animal welfare of the previous century, the situation for animals arguably deteriorated in the 20th century, particularly after the Second World War. This was in part because of the increase in the numbers used in animal research—300 in the UK in 1875, 19,084 in 1903, and 2.8 million in 2005 (50–100 million worldwide), and a modern annual estimated range of 10 million to upwards of 100 million in the US^[69]—but mostly because of the industrialization of farming, which saw billions of animals raised and killed for food on a scale considered impossible before the war.^[70]

Development of direct action

In the early 1960s in England, support for animal rights began to coalesce around the issue of blood sports, particularly hunting deer, foxes, and otters using dogs, an aristocratic and middle-class English practice, stoutly defended in the name of protecting rural traditions. The psychologist Richard D. Ryder – who became involved with the animal rights movement in the late 1960s – writes that the new chair of the League Against Cruel Sports tried in 1963 to steer it away from confronting members of the hunt, which triggered the formation that year of a direct action breakaway group, the Hunt Saboteurs Association. This was set up by a journalist, John Prestige, who had witnessed a pregnant deer being chased into a village and killed by the Devon and Somerset Staghounds. The practice of sabotaging hunts (for example, by misleading the dogs with scents or horns) spread throughout south-east England, particularly around university towns, leading to violent confrontations when the huntsmen attacked the "sabs".^[71]

The controversy spread to the RSPCA, which had arguably grown away from its radical roots to become a conservative group with charity status and royal patronage. It had failed to speak out against hunting, and indeed counted huntsmen among its members. As with the League Against Cruel Sports, this position gave rise to a splinter group, the RSPCA Reform Group, which sought to radicalize the organization, leading to chaotic meetings of the group's ruling Council, and successful (though short-lived) efforts to change it from within by electing to the Council members who would argue from an animal rights perspective, and force the RSPCA to address issues such as hunting, factory farming, and animal experimentation. Ryder himself was elected to the Council in 1971, and served as its chair from 1977 to 1979.^[71]

Formation of the Oxford group

The same period saw writers and academics begin to speak out again in favor of animal rights. Ruth Harrison published Animal Machines (1964), an influential critique of factory farming, and on October 10, 1965, the novelist Brigid Brophy had an article, "The Rights of Animals", published in The Sunday Times.^[56] She wrote:

The relationship of homo sapiens to the other animals is one of unremitting exploitation. We employ their work; we eat and wear them. We exploit them to serve our superstitions: whereas we used to sacrifice them to our gods and tear out their entrails in order to foresee the future, we now sacrifice them to science, and experiment on their entail in the hope—or on the mere off chance—that we might thereby see a little more clearly into the present ... To us it seems incredible that the Greek philosophers should have scanned so deeply into right and wrong and yet never noticed the immorality of slavery. Perhaps 3000 years from now it will seem equally incredible that we do not notice the immorality of our own oppression of animals.^[56]

Robert Garner writes that Harrison's book and Brophy's article led to an explosion of interest in the relationship between humans and nonhumans.^[72] In particular, Brophy's article was discovered in or around 1969 by a group of postgraduate philosophy students at the University of Oxford, Roslind and Stanley Godlovitch (husband and wife from Canada), John Harris, and David Wood, now known as the Oxford Group. They decided to put together a symposium to discuss the theory of animal rights.^[56]

Around the same time, Richard Ryder wrote several letters to The Daily Telegraph criticizing animal experimentation, based on incidents he had witnessed in laboratories. The letters, published in April and May 1969, were seen by Brigid Brophy, who put Ryder in touch with the Godlovitches and Harris. Ryder also started distributing pamphlets in Oxford protesting against experiments on animals; it was in one of these pamphlets in 1970 that he coined the term "speciesism" to describe the exclusion of nonhuman animals from the protections offered to humans.^[73] He subsequently became a contributor to the Godlovitches' symposium, as did Harrison and Brophy, and it was published in 1971 as Animals, Men and Morals: An Inquiry into the Maltreatment of Non-humans.^[74]

Publication of Animal Liberation

In 1970, over lunch in Oxford with fellow student Richard Keshen, a vegetarian, Australian philosopher Peter Singer came to believe that, by eating animals, he was engaging in the oppression of other species. Keshen introduced Singer to the Godlovitches, and in 1973 Singer reviewed their book for The New York Review of Books. In the review, he used the term "animal liberation", writing:

We are familiar with Black Liberation, Gay Liberation, and a variety of other movements. With Women's Liberation some thought we had come to the end of the road. Discrimination on the basis of sex, it has been said, is the last form of discrimination that is universally accepted and practiced without pretense ... But one should always be wary of talking of "the last remaining form of discrimination." ... Animals, Men and Morals is a manifesto for an Animal Liberation movement.^[75]

On the strength of his review, The New York Review of Books took the unusual step of commissioning a book from Singer on the subject, published in 1975 as Animal Liberation, now one of the animal rights movement's canonical texts. Singer based his arguments on the principle of utilitarianism – the view, in its simplest form, that an act is right if it leads to the "greatest happiness of the greatest number", a phrase first used in 1776 by Jeremy Bentham.^[75] He argued in favor of the equal consideration of interests, the position that there are no grounds to suppose that a violation of the basic interests of a human—for example, an interest in not suffering—is different in any morally significant way from a violation of the basic interests of a nonhuman.^[76] Singer used the term "speciesism" in the book, citing Ryder, and it stuck, becoming an entry in the Oxford English Dictionary in 1989.^[77]

The book's publication triggered a groundswell of scholarly interest in animal rights. Richard Ryder's Victims of Science: The Use of Animals in Research (1975) appeared, followed by Andrew Linzey's Animal Rights: A Christian Perspective (1976), and Stephen R. L. Clark's The Moral Status of Animals (1977). A Conference on Animal Rights was organized by Ryder and Linzey at Trinity College, Cambridge, in August 1977. This was followed by Mary Midgley's Beast And Man: The Roots of Human Nature (1978), then Animal Rights–A Symposium (1979), which included the papers delivered to the Cambridge conference.^[72]

From 1982 onwards, a series of articles by Tom Regan led to his The Case for Animal Rights (1984), in which he argues that nonhuman animals are "subjects-of-a-life", and therefore possessors of moral rights, a work regarded as a key text in animal rights theory.^[72] Regan wrote in 2001 that philosophers had written more about animal rights in the previous 20 years than in the 2,000 years before that.^[78] Garner writes that Charles Magel's bibliography, Keyguide to Information Sources in Animal Rights (1989), contains 10 pages of philosophical material on animals up to 1970, but 13 pages between 1970 and 1989 alone.^[79]

Founding of the Animal Liberation Front

In 1971, a law student, Ronnie Lee, formed a branch of the Hunt Saboteurs Association in Luton, later calling it the Band of Mercy after a 19th-century RSPCA youth group. The Band attacked hunters' vehicles by slashing tires and breaking windows, calling it "active compassion". In November 1973, they engaged in their first act of arson when they set fire to a Hoechst Pharmaceuticals research laboratory, claiming responsibility as a "nonviolent guerilla organization dedicated to the liberation of animals from all forms of cruelty and persecution at the hands of mankind."^[80]

Lee and another activist were sentenced to three years in prison in 1974, paroled after 12 months. In 1976 Lee brought together the remaining Band of Mercy activists along with some fresh faces to start a leaderless resistance movement, calling it the Animal Liberation Front (ALF).^[80] ALF activists see themselves as a modern Underground Railroad, passing animals removed from farms and laboratories to sympathetic veterinarians, safe houses and sanctuaries.^[81] Some activists also engage in threats, intimidation, and arson, acts that have lost the movement sympathy in mainstream public opinion.^[82]

The decentralized model of activism is frustrating for law enforcement organizations, who find the networks difficult to infiltrate, because they tend to be organized around friends.^[83] In 2005, the US Department of Homeland Security indicated how seriously it takes the ALF when it included them in a list of domestic terrorist threats.^[84] The tactics of some of the more determined ALF activists are anathema to many animal rights advocates, such as Singer, who regard the movement as something that should occupy the moral high ground. ALF activists respond to the criticism with the argument that, as Ingrid Newkirk puts it, "Thinkers may prepare revolutions, but bandits must carry them out."^[85]

From the 1980s through to the early 2000s there was an increased level of violence by animal rights extremist groups directed at individuals and institutions associated with animal research. Activist groups involved included the Justice Department, the Animal Rights Militia and SHAC.^[86] In the 1980s, animal rights became associated with punk subculture and ideologies, particularly straight edge hardcore punk in the United States^[87][88] and anarcho-punk in the United Kingdom.^[89] This association continues on into the 21st century, as evidenced by the prominence of vegan punk events such as Fluff Fest in Europe.^[90]

Animal Rights International

Henry Spira (1927–1998), a former seaman and civil rights activist, became the most notable of the new animal advocates in the United States. A proponent of gradual change, he formed Animal Rights International in 1974, and introduced the idea of "reintegrative shaming", whereby a relationship is formed between a group of animal rights advocates and a corporation they see as misusing animals, with a view to obtaining concessions or halting a practice. It is a strategy that has been widely adopted, most notably by People for the Ethical Treatment of Animals.^[91]

Spira's first campaign was in opposition to the American Museum of Natural History in 1976, where cats were being experimented on, research that he persuaded them to stop. His most notable achievement was in 1980, when he convinced the cosmetics company Revlon to stop using the Draize test, which involves toxicity tests on the skin or in the eyes of animals. He took out a full-page ad in several newspapers, featuring a rabbit with sticking plaster over the eyes, and the caption, "How many rabbits does Revlon blind for beauty's sake?" Revlon stopped using animals for cosmetics testing, donated money to help set up the Center for Alternatives to Animal Testing, and was followed by other leading cosmetics companies.^[92] Revlon has since renewed testing on animals as it is unwilling to give up revenue from sales in China, where animal testing is required for cosmetics and other items. [^[93]]

21st century: Developments

In 1999, New Zealand passed a new Animal Welfare Act that had the effect of banning experiments on "non-human hominids".^[94]

Also in 1999, Public Law 106-152 (Title 18, Section 48) was put into action in the United States. This law makes it a felony to create, sell, or possess videos showing animal cruelty with the intention of profiting financially from them.^[95]

In 2005, the Austrian parliament banned experiments on apes, unless they are performed in the interests of the individual ape.^[94] Also in Austria, the Supreme Court ruled in January 2008 that a chimpanzee (called Matthew Hiasl Pan by those advocating for his personhood) was not a person, after the Association Against Animal Factories sought personhood status for him because his custodians had gone bankrupt. The chimpanzee had been captured as a baby in Sierra Leone in 1982, then smuggled to Austria to be used in pharmaceutical experiments, but was discovered by customs officials when he arrived in the country, and was taken to a shelter instead. He was kept there for 25 years, until the group that ran the shelter went bankrupt in 2007. Donors offered to help him, but under Austrian law only a person can receive personal gifts, so any money sent to support him would be lost to the shelter's bankruptcy. The Association appealed the ruling to the European Court of Human Rights. The lawyer proposing the chimpanzee's personhood asked the court to appoint a legal guardian for him and to grant him four rights: the right to life, limited freedom of movement, personal safety, and the right to claim property.^[96]

In June 2008, a committee of Spain's national legislature became the first to vote for a resolution to extend limited rights to nonhuman primates. The parliamentary Environment Committee recommended giving chimpanzees, bonobos, gorillas, and orangutans the right not to be used in medical experiments or in circuses, and recommended making it illegal to kill apes, except in self-defense, based upon the rights recommended by the Great Ape Project.^[97] The committee's proposal has not yet been enacted into law.^[98]

From 2009 onwards, several countries outlawed the use of some or all animals in circuses, starting with Bolivia, and followed by several countries in Europe, Scandinavia, the Middle East, and Singapore.^[99]

In 2010, the regional government in Catalonia passed a motion to outlaw bull fighting, the first such ban in Spain.^[100] In 2011, PETA sued SeaWorld over the captivity of five orcas in San Diego and Orlando, arguing that the whales were being treated as slaves. It was the first time the Thirteenth Amendment to the United States Constitution, which outlaws slavery and involuntary servitude, was cited in court to protect nonhuman rights. A federal judge dismissed the case in February 2012.^[101]

Petitions for Habeas Corpus

In 2015, the Nonhuman Rights Project (NhPR) filed three lawsuits in New York State on behalf of four captive chimpanzees, demanding that the courts grant them the right to bodily liberty via the writ of Habeas Corpus and to immediately send them to a sanctuary affiliated with the North American Primate Sanctuary Alliance.^[102] All of the petitions were denied. In the case involving the chimpanzees Hercules and Leo, Justice Barbra Jaffe did not immediately dismiss the filing and instead ordered a hearing requiring the chimpanzee owner to show why the chimpanzees should be not be released and transferred to the sanctuary.^[103] Following the hearing, Justice Jaffe issued an order denying Hercules and Leo's petition.

Even though the petition was denied, NhRP interpreted Justice Jeffe's decision as a victory. In its press release it emphasized the fact that Justice Jeffe agreed with NhRP when finding that "'persons' are not restricted to human beings, and that who is a 'person' is not a question of biology, but of public policy and principle" and also stating that "Efforts to extend legal rights to chimpanzees are thus understandable; some day they may even succeed."^[104]

Indian subcontinent

Religions

The Torch-bearer of Ahimsa. Ahimsa includes kindness and non-violence to nonhuman animals.

Robert Garner writes that both Hindu and Buddhist societies abandoned animal sacrifice and embraced vegetarianism from the 3rd century BCE. Several kings in India built hospitals for animals, and the emperor Ashoka (304–232 BCE) issued orders against hunting and animal slaughter, in line with ahimsa, the doctrine of non-violence. Garner writes that Jainism took this idea further. Jains believe that no living creature should be harmed, and they are known to clear paths in front of them by sweeping them to protect any insect life that may be present.^[105]

Legal actions in the 21st century

Paul Waldau writes that, in 2000, the High Court in Kerala used the language of "rights" in relation to circus animals, ruling that they are "beings entitled to dignified existence" under Article 21 of the Indian Constitution. The ruling said that if human beings are entitled to these rights, animals should be too. The court went beyond the requirements of the Constitution that all living beings should be shown compassion, and said: "It is not only our fundamental duty to show compassion to our animal friends, but also to recognize and protect their rights." Waldau writes that other courts in India and one court in Sri Lanka have used similar language.^[94]

In 2012, the Indian government issued a ban on the use of live animals in education and much research.^[106]

In religion

For some the basis of animal rights is in religion or animal worship (or in general nature worship), with some religions banning killing of any animal; One of the most important sanctions of the Buddhist faith is the concept of ahimsa, or refraining from the destruction of life. According to Buddhist belief, humans do not deserve preferential treatment over other living beings. See also in section above.

In contrast, in other religions, animals can be unclean, with in general allowing eating all except for these; "The Torah allows eating certain kinds of "winged swarming things" (i.e. insects) while prohibiting others".

Islam

Amina Tharwat Abaza – Animal rights activist. Founder of Society for Protection of Animal Rights in Egypt holding a street dog.

Animal rights were recognized early by the Sharia (Islamic law). This recognition is based on both the Qur'an and the Hadith. In the Qur'an, there are many references to animals, detailing that they have souls, form communities, communicate with God and worship Him in their own way.  Muhammad forbade his followers to harm any animal and asked them to respect the rights of animals.^[107] It is a distinctive characteristic of the Shariah that all animals have legal rights. Othman Llewellyn even argues that Shariah has mechanisms for the full repair of injuries suffered by non-human creatures including their representation in court, assessment of injuries and awarding of relief to them.^{[citation needed]} The classical Muslim jurist 'Izz ad-Din ibn 'Abd as-Salam, who flourished during the thirteenth century, formulated the following statement of animal rights:

The rights of livestock and animals upon man: these are that he spend on them the provision that their kinds require, even if they have aged or sickened such that no benefit comes from them; that he not burden them beyond what they can bear; that he not put them together with anything by which they would be injured, whether of their own kind or other species, and whether by breaking their bones or butting or wounding; that he slaughters them with kindness when he slaughters them, and neither flay their skins nor break their bones until their bodies have become cold and their lives have passed away; that he not slaughter their young within their sight, but that he isolate them; that he makes comfortable their resting places and watering places; that he puts their males and females together during their mating seasons; that he not discard those which he takes as game; and neither shoots them with anything that breaks their bones nor brings about their destruction by any means that renders their meat unlawful to eat.^[108]

On the other hand, animal sacrifice is a prominent feature of Eid al-Adha observances.^[109]

Philosophical and legal approaches

Overview

Martha Nussbaum, Professor of Law and Ethics at the University of Chicago, is a proponent of the capabilities approach to animal rights.

The two main philosophical approaches to animal rights are utilitarian and rights-based. The former is exemplified by Peter Singer, and the latter by Tom Regan and Gary Francione. Their differences reflect a distinction philosophers draw between ethical theories that judge the rightness of an act by its consequences (consequentialism/teleological ethics, or utilitarianism), and those that focus on the principle behind the act, almost regardless of consequences (deontological ethics). Deontologists argue that there are acts we should never perform, even if failing to do so entails a worse outcome.^[110]

There are a number of positions that can be defended from a consequentalist or deontologist perspective, including the capabilities approach, represented by Martha Nussbaum, and the egalitarian approach, which has been examined by Ingmar Persson and Peter Vallentyne. The capabilities approach focuses on what individuals require to fulfill their capabilities: Nussbaum (2006) argues that animals need a right to life, some control over their environment, company, play, and physical health.^[111]

Stephen R. L. Clark, Mary Midgley, and Bernard Rollin also discuss animal rights in terms of animals being permitted to lead a life appropriate for their kind.^[112] Egalitarianism favors an equal distribution of happiness among all individuals, which makes the interests of the worse off more important than those of the better off.^[113] Another approach, virtue ethics, holds that in considering how to act we should consider the character of the actor, and what kind of moral agents we should be. Rosalind Hursthouse has suggested an approach to animal rights based on virtue ethics.^[114] Mark Rowlands has proposed a contractarian approach.^[115]

Utilitarianism

“	They talk about this thing in the head; what do they call it? ["Intellect," whispered someone nearby.] That's it. What's that got to do with women's rights or Negroes' rights? If my cup won't hold but a pint and yours holds a quart, wouldn't you be mean not to let me have my little half-measure full? — Sojourner Truth[116]	”

Nussbaum (2004) writes that utilitarianism, starting with Jeremy Bentham and John Stuart Mill, has contributed more to the recognition of the moral status of animals than any other ethical theory.^[117] The utilitarian philosopher most associated with animal rights is Peter Singer, professor of bioethics at Princeton University. Singer is not a rights theorist, but uses the language of rights to discuss how we ought to treat individuals. He is a preference utilitarian, meaning that he judges the rightness of an act by the extent to which it satisfies the preferences (interests) of those affected.^[118]

His position is that there is no reason not to give equal consideration to the interests of human and nonhumans, though his principle of equality does not require identical treatment. A mouse and a man both have an interest in not being kicked, and there are no moral or logical grounds for failing to accord those interests equal weight. Interests are predicated on the ability to suffer, nothing more, and once it is established that a being has interests, those interests must be given equal consideration.^[119] Singer quotes the English philosopher Henry Sidgwick (1838–1900): "The good of any one individual is of no more importance, from the point of view ... of the Universe, than the good of any other."^[76]

Peter Singer: interests are predicated on the ability to suffer.

Singer argues that equality of consideration is a prescription, not an assertion of fact: if the equality of the sexes were based only on the idea that men and women were equally intelligent, we would have to abandon the practice of equal consideration if this were later found to be false. But the moral idea of equality does not depend on matters of fact such as intelligence, physical strength, or moral capacity. Equality therefore cannot be grounded on the outcome of scientific investigations into the intelligence of nonhumans. All that matters is whether they can suffer.^[120]

Commentators on all sides of the debate now accept that animals suffer and feel pain, although it was not always so. Bernard Rollin, professor of philosophy, animal sciences, and biomedical sciences at Colorado State University, writes that Descartes' influence continued to be felt until the 1980s. Veterinarians trained in the US before 1989 were taught to ignore pain, he writes, and at least one major veterinary hospital in the 1960s did not stock narcotic analgesics for animal pain control. In his interactions with scientists, he was often asked to "prove" that animals are conscious, and to provide "scientifically acceptable" evidence that they could feel pain.^[121]

Scientific publications have made it clear since the 1980s that the majority of researchers do believe animals suffer and feel pain, though it continues to be argued that their suffering may be reduced by an inability to experience the same dread of anticipation as humans, or to remember the suffering as vividly.^[122] The problem of animal suffering, and animal consciousness in general, arose primarily because it was argued that animals have no language. Singer writes that, if language were needed to communicate pain, it would often be impossible to know when humans are in pain, though we can observe pain behavior and make a calculated guess based on it. He argues that there is no reason to suppose that the pain behavior of nonhumans would have a different meaning from the pain behavior of humans.^[123]

Subjects-of-a-life

Tom Regan: animals are subjects-of-a-life.

Tom Regan, professor emeritus of philosophy at North Carolina State University, argues in The Case for Animal Rights (1983) that nonhuman animals are what he calls "subjects-of-a-life", and as such are bearers of rights.^[124] He writes that, because the moral rights of humans are based on their possession of certain cognitive abilities, and because these abilities are also possessed by at least some nonhuman animals, such animals must have the same moral rights as humans. Although only humans act as moral agents, both marginal-case humans, such as infants, and at least some nonhumans must have the status of "moral patients".^[124]

Moral patients are unable to formulate moral principles, and as such are unable to do right or wrong, even though what they do may be beneficial or harmful. Only moral agents are able to engage in moral action. Animals for Regan have "intrinsic value" as subjects-of-a-life, and cannot be regarded as a means to an end, a view that places him firmly in the abolitionist camp. His theory does not extend to all animals, but only to those that can be regarded as subjects-of-a-life.^[124] He argues that all normal mammals of at least one year of age would qualify:

... individuals are subjects-of-a-life if they have beliefs and desires; perception, memory, and a sense of the future, including their own future; an emotional life together with feelings of pleasure and pain; preference- and welfare-interests; the ability to initiate action in pursuit of their desires and goals; a psychophysical identity over time; and an individual welfare in the sense that their experiential life fares well or ill for them, logically independently of their utility for others and logically independently of their being the object of anyone else's interests.^[124]

Whereas Singer is primarily concerned with improving the treatment of animals and accepts that, in some hypothetical scenarios, individual animals might be used legitimately to further human or nonhuman ends, Regan believes we ought to treat nonhuman animals as we would humans. He applies the strict Kantian ideal (which Kant himself applied only to humans) that they ought never to be sacrificed as a means to an end, and must be treated as ends in themselves.^[125]

Abolitionism

Gary Francione: animals need only the right not to be regarded as property.

Gary Francione, professor of law and philosophy at Rutgers Law School in Newark, is a leading abolitionist writer, arguing that animals need only one right, the right not to be owned. Everything else would follow from that paradigm shift. He writes that, although most people would condemn the mistreatment of animals, and in many countries there are laws that seem to reflect those concerns, "in practice the legal system allows any use of animals, however abhorrent." The law only requires that any suffering not be "unnecessary". In deciding what counts as "unnecessary", an animal's interests are weighed against the interests of human beings, and the latter almost always prevail.^[126]

Francione's Animals, Property, and the Law (1995) was the first extensive jurisprudential treatment of animal rights. In it, Francione compares the situation of animals to the treatment of slaves in the United States, where legislation existed that appeared to protect them, while the courts ignored that the institution of slavery itself rendered the protection unenforceable.^[127] He offers as an example the United States Animal Welfare Act, which he describes as an example of symbolic legislation, intended to assuage public concern about the treatment of animals, but difficult to implement.^[128]

He argues that a focus on animal welfare, rather than animal rights, may worsen the position of animals by making the public feel comfortable about using them and entrenching the view of them as property. He calls animal rights groups who pursue animal welfare issues, such as People for the Ethical Treatment of Animals, the "new welfarists", arguing that they have more in common with 19th-century animal protectionists than with the animal rights movement; indeed, the terms "animal protection" and "protectionism" are increasingly favored. His position in 1996 was that there is no animal rights movement in the United States.^[129]

Contractarianism

Mark Rowlands, professor of philosophy at the University of Florida, has proposed a contractarian approach, based on the original position and the veil of ignorance—a "state of nature" thought experiment that tests intuitions about justice and fairness—in John Rawls's A Theory of Justice (1971). In the original position, individuals choose principles of justice (what kind of society to form, and how primary social goods will be distributed), unaware of their individual characteristics—their race, sex, class, or intelligence, whether they are able-bodied or disabled, rich or poor—and therefore unaware of which role they will assume in the society they are about to form.^[115]

The idea is that, operating behind the veil of ignorance, they will choose a social contract in which there is basic fairness and justice for them no matter the position they occupy. Rawls did not include species membership as one of the attributes hidden from the decision makers in the original position. Rowlands proposes extending the veil of ignorance to include rationality, which he argues is an undeserved property similar to characteristics including race, sex and intelligence.^[115]

Prima facie rights theory

American philosopher Timothy Garry has proposed an approach that deems nonhuman animals worthy of prima facie rights. In a philosophical context, a prima facie (Latin for "on the face of it" or "at first glance") right is one that appears to be applicable at first glance, but upon closer examination may be outweighed by other considerations. In his book Ethics: A Pluralistic Approach to Moral Theory, Lawrence Hinman characterizes such rights as "the right is real but leaves open the question of whether it is applicable and overriding in a particular situation".^[130] The idea that nonhuman animals are worthy of prima facie rights is to say that, in a sense, animals do have rights. However, these rights can be overridden by many other considerations, especially those conflicting a human's right to life, liberty, property, and the pursuit of happiness. Garry supports his view arguing:

... if a nonhuman animal were to kill a human being in the U.S., it would have broken the laws of the land and would probably get rougher sanctions than if it were a human. My point is that like laws govern all who interact within a society, rights are to be applied to all beings who interact within that society. This is not to say these rights endowed by humans are equivalent to those held by nonhuman animals, but rather that if humans possess rights then so must all those who interact with humans.^[131]

In sum, Garry suggests that humans have obligations to nonhuman animals; however, animals do not, and ought not to, have uninfringible rights against humans.

Feminism and animal rights

The American ecofeminist Carol Adams has written extensively about the link between feminism and animal rights, starting with The Sexual Politics of Meat (1990).

Women have played a central role in animal advocacy since the 19th century.^[132] The anti-vivisection movement in the 19th and early 20th century in England and the United States was largely run by women, including Francis Power Cobbe, Anna Kingsford, Lizzy Lind af Hageby and Caroline Earle White (1833–1916).^[133] Garner writes that 70 per cent of the membership of the Victoria Street Society (one of the anti-vivisection groups founded by Cobbe) were women, as were 70 per cent of the membership of the British RSPCA in 1900.^[134]

The modern animal advocacy movement has a similar representation of women, though Garner (2005) writes that they are not invariably in leadership positions: during the March for Animals in Washington, D.C., in 1990—the largest animal rights demonstration held until then in the United States—most of the participants were women, but most of the platform speakers were men.^[135] Nevertheless, several influential animal advocacy groups have been founded by women, including the British Union for the Abolition of Vivisection by Cobbe in London in 1898; the Animal Welfare Board of India by Rukmini Devi Arundale in 1962; and People for the Ethical Treatment of Animals, co-founded by Ingrid Newkirk in 1980. In the Netherlands, Marianne Thieme and Esther Ouwehand were elected to parliament in 2006 representing the Parliamentary group for Animals.

The preponderance of women in the movement has led to a body of academic literature exploring feminism and animal rights; feminism and vegetarianism or veganism, the oppression of women and animals, and the male association of women and animals with nature and emotion, rather than reason—an association that several feminist writers have embraced.^[132] Lori Gruen writes that women and animals serve the same symbolic function in a patriarchal society: both are "the used"; the dominated, submissive "Other".^[136] When the British feminist Mary Wollstonecraft (1759–1797) published A Vindication of the Rights of Woman (1792), Thomas Taylor (1758–1835), a Cambridge philosopher, responded with an anonymous parody, A Vindication of the Rights of Brutes (1792), claiming that Wollstonecraft's arguments for women's rights could be applied equally to animals, a position he intended as reductio ad absurdum.^[137]

Transhumanism

Some transhumanists argue for animal rights, liberation, and "uplift" of animal consciousness into machines.^[138] Transhumanism also understands animal rights on a gradation or spectrum with other types of sentient rights, including human rights and the rights of conscious artificial intelligences (posthuman rights).^[139]

Critics

R. G. Frey

R. G. Frey, professor of philosophy at Bowling Green State University, is a preference utilitarian, as is Singer, but reaches a very different conclusion, arguing in Interests and Rights (1980) that animals have no interests for the utilitarian to take into account. Frey argues that interests are dependent on desire, and that no desire can exist without a corresponding belief. Animals have no beliefs, because a belief state requires the ability to hold a second-order belief—a belief about the belief—which he argues requires language: "If someone were to say, e.g. 'The cat believes that the door is locked,' then that person is holding, as I see it, that the cat holds the declarative sentence 'The door is locked' to be true; and I can see no reason whatever for crediting the cat or any other creature which lacks language, including human infants, with entertaining declarative sentences."^[140]

Carl Cohen

Carl Cohen, professor of philosophy at the University of Michigan, argues that rights holders must be able to distinguish between their own interests and what is right. "The holders of rights must have the capacity to comprehend rules of duty governing all, including themselves. In applying such rules, [they] ... must recognize possible conflicts between what is in their own interest and what is just. Only in a community of beings capable of self-restricting moral judgments can the concept of a right be correctly invoked." Cohen rejects Singer's argument that, since a brain-damaged human could not make moral judgments, moral judgments cannot be used as the distinguishing characteristic for determining who is awarded rights. Cohen writes that the test for moral judgment "is not a test to be administered to humans one by one", but should be applied to the capacity of members of the species in general.^[141]

Richard Posner

Judge Richard Posner: "facts will drive equality."^[142]

Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit debated the issue of animal rights in 2001 with Peter Singer.^[143] Posner posits that his moral intuition tells him "that human beings prefer their own. If a dog threatens a human infant, even if it requires causing more pain to the dog to stop it, than the dog would have caused to the infant, then we favour the child. It would be monstrous to spare the dog."^[142]

Singer challenges this by arguing that formerly unequal rights for gays, women, and certain races were justified using the same set of intuitions. Posner replies that equality in civil rights did not occur because of ethical arguments, but because facts mounted that there were no morally significant differences between humans based on race, sex, or sexual orientation that would support inequality. If and when similar facts emerge about humans and animals, the differences in rights will erode too. But facts will drive equality, not ethical arguments that run contrary to instinct, he argues. Posner calls his approach "soft utilitarianism", in contrast to Singer's "hard utilitarianism". He argues:

The "soft" utilitarian position on animal rights is a moral intuition of many, probably most, Americans. We realize that animals feel pain, and we think that to inflict pain without a reason is bad. Nothing of practical value is added by dressing up this intuition in the language of philosophy; much is lost when the intuition is made a stage in a logical argument. When kindness toward animals is levered into a duty of weighting the pains of animals and of people equally, bizarre vistas of social engineering are opened up.^[142]

Roger Scruton: rights imply obligations.

Roger Scruton

Roger Scruton, the British philosopher, argues that rights imply obligations. Every legal privilege, he writes, imposes a burden on the one who does not possess that privilege: that is, "your right may be my duty." Scruton therefore regards the emergence of the animal rights movement as "the strangest cultural shift within the liberal worldview", because the idea of rights and responsibilities is, he argues, distinctive to the human condition, and it makes no sense to spread them beyond our own species.^[6]

He accuses animal rights advocates of "pre-scientific" anthropomorphism, attributing traits to animals that are, he says, Beatrix Potter-like, where "only man is vile." It is within this fiction that the appeal of animal rights lies, he argues. The world of animals is non-judgmental, filled with dogs who return our affection almost no matter what we do to them, and cats who pretend to be affectionate when, in fact, they care only about themselves. It is, he argues, a fantasy, a world of escape.^[6]

Continuity between humans and nonhuman animals

A bonobo, a nonhuman great ape

Evolutionary studies have provided explanations of altruistic behaviours in humans and nonhuman animals, and suggest similarities between humans and some nonhumans.^[144] Scientists such as Jane Goodall and Richard Dawkins believe in the capacity of nonhuman great apes, humans' closest relatives, to possess rationality and self-awareness.^[145]

In 2010, research led by psychologist Diana Reiss and zoologist Lori Marino was presented to a conference in San Diego, suggesting that dolphins are second in intelligence only to human beings, and concluded that they should be regarded as nonhuman persons. Marino used MRI scans to compare the dolphin and primate brain; she said the scans indicated there was "psychological continuity" between dolphins and humans. Reiss's research suggested that dolphins are able to solve complex problems, use tools, and pass the mirror test, using a mirror to inspect parts of their bodies.^[146][147]

Studies have established links between interpersonal violence and animal cruelty.^[148][149]

In Christian theology, the founder of the Methodist movement, John Wesley, was a Christian vegetarian and maintained "that animals had immortal souls and that there were considerable similarities between human and non-human animals."^[150]

Public attitudes

According to a paper published in 2000 by Harold Herzog and Lorna Dorr, previous academic surveys of attitudes towards animal rights have tended to suffer from small sample sizes and non-representative groups.^[151] However, a number of factors appear to correlate with the attitude of individuals regarding the treatment of animals and animal rights. These include gender, age, occupation, religion, and level of education. There has also been evidence to suggest that prior experience with companion animals may be a factor in people's attitudes.^[152]

Women are more likely to empathize with the cause of animal rights than men.^[152][153] A 1996 study of adolescents by Linda Pifer suggested that factors that may partially explain this discrepancy include attitudes towards feminism and science, scientific literacy, and the presence of a greater emphasis on "nurturance or compassion" amongst women.^[154]

A 2007 survey to examine whether or not people who believed in evolution were more likely to support animal rights than creationists and believers in intelligent design found that this was largely the case – according to the researchers, the respondents who were strong Christian fundamentalists and believers in creationism were less likely to advocate for animal rights than those who were less fundamentalist in their beliefs. The findings extended previous research, such as a 1992 study which found that 48% of animal rights activists were atheists or agnostic.^[155][156]

Two surveys found that attitudes towards animal rights tactics, such as direct action, are very diverse within the animal rights communities. Near half (50% and 39% in two surveys) of activists do not support direct action. One survey concluded "it would be a mistake to portray animal rights activists as homogeneous."^[152][157]

Sentience

From Wikipedia, the free encyclopedia

Sentience is the capacity to feel, perceive or experience subjectively.^[1] Eighteenth-century philosophers used the concept to distinguish the ability to think (reason) from the ability to feel (sentience). In modern Western philosophy, sentience is the ability to experience sensations (known in philosophy of mind as "qualia"). In Eastern philosophy, sentience is a metaphysical quality of all things that require respect and care. The concept is central to the philosophy of animal rights because sentience is necessary for the ability to suffer, and thus is held to confer certain rights.

Philosophy and sentience

In the philosophy of consciousness, sentience can refer to the ability of any entity to have subjective perceptual experiences, or as some philosophers refer to them, "qualia".^[2] This is distinct from other aspects of the mind and consciousness, such as creativity, intelligence, sapience, self-awareness, and intentionality (the ability to have thoughts about something). Sentience is a minimalistic way of defining consciousness, which otherwise commonly and collectively describes sentience plus other characteristics of the mind.

Some philosophers, notably Colin McGinn, believe that sentience will never be understood, a position known as "new mysterianism". They do not deny that most other aspects of consciousness are subject to scientific investigation but they argue that subjective experiences will never be explained; i.e., sentience is the only aspect of consciousness that can't be explained. Other philosophers (such as Daniel Dennett, who also argues that non-human animals are not sentient) disagree, arguing that all aspects of consciousness will eventually be explained by science.^[3]

Indian religions

Eastern religions including Hinduism, Buddhism, Sikhism, and Jainism recognise non-humans as sentient beings. In Jainism and Hinduism, this is closely related to the concept of ahimsa, nonviolence toward other beings. In Jainism, all matter is endowed with sentience; there are five degrees of sentience, from one to five.^{[citation needed]} Water, for example, is a sentient being of the first order, as it is considered to possess only one sense, that of touch. Man is considered a sentient being of the fifth order. According to Buddhism, sentient beings made of pure consciousness are possible. In Mahayana Buddhism, which includes Zen and Tibetan Buddhism, the concept is related to the Bodhisattva, an enlightened being devoted to the liberation of others. The first vow of a Bodhisattva states: "Sentient beings are numberless; I vow to free them."
Sentience in Buddhism is the state of having senses (sat + ta in Pali, or sat + tva in Sanskrit). In Buddhism, there are six senses, the sixth being the subjective experience of the mind. Sentience is simply awareness prior to the arising of Skandha. Thus, an animal qualifies as a sentient being.

Animal welfare, rights, and sentience

In the philosophies of animal welfare and rights, sentience implies the ability to experience pleasure and pain. Additionally, it has been argued, as in the documentary Earthlings:

Granted, these animals do not have all the desires we humans have; granted, they do not comprehend everything we humans comprehend; nevertheless, we and they do have some of the same desires and do comprehend some of the same things. The desires for food and water, shelter and companionship, freedom of movement and avoidance of pain.^[4]

Animal-welfare advocates typically argue that any sentient being is entitled, at a minimum, to protection from unnecessary suffering, though animal-rights advocates may differ on what rights (e.g., the right to life) may be entailed by simple sentience. Sentiocentrism describes the theory that sentient individuals are the center of moral concern.

The 18th-century philosopher Jeremy Bentham compiled enlightenment beliefs in Introduction to the Principles of Morals and Legislation, and he included his own reasoning in a comparison between slavery and sadism toward animals:

The French have already discovered that the blackness of the skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor [see Louis XIV's Code Noir]... What else is it that should trace the insuperable line? Is it the faculty of reason, or, perhaps, the faculty of discourse? But a full-grown horse or dog is beyond comparison a more rational, as well as a more conversable animal, than an infant of a day, or a week, or even a month, old. But suppose the case were otherwise, what would it avail? the [sic] question is not, Can they reason? nor, Can they talk? but, Can they suffer?^[5]

In the 20th century, Princeton University professor Peter Singer argued that Bentham's conclusion is often dismissed by an appeal to a distinction that condemns human suffering but allows non-human suffering, typically "appeals" that are logical fallacies (unless the distinction is factual, in which case the appeal is just one logical fallacy, petitio principii). Because many of the suggested distinguishing features of humanity—extreme intelligence; highly complex language; etc.—are not present in marginal cases such as mute humans, young children, deaf humans, and mentally disabled humans, it appears that the only distinction is a prejudice based on species alone, which animal-rights supporters call speciesism—that is, differentiating humans from other animals purely on the grounds that they are human. His opponents accuse him of the same petitio principii.

Gary Francione also bases his abolitionist theory of animal rights, which differs significantly from Singer's, on sentience. He asserts that, "All sentient beings, humans or nonhuman, have one right: the basic right not to be treated as the property of others."^[6]

Andrew Linzey, founder of the Oxford Centre for Animal Ethics in England, is known as a foremost international advocate for recognising animals as sentient beings in biblically based faith traditions. The Interfaith Association of Animal Chaplains encourages animal ministry groups to adopt a policy of recognising and valuing sentient beings.

In 1997 the concept of animal sentience was written into the basic law of the European Union. The legally binding protocol annexed to the Treaty of Amsterdam recognises that animals are "sentient beings", and requires the EU and its member states to "pay full regard to the welfare requirements of animals".

The laws of several states include certain invertebrates such as cephalopods (octopuses, squids) and decapod crustaceans (lobsters, crabs) in the scope of animal protection laws, implying that these animals are also judged capable of experiencing pain and suffering.^[7]

Artificial intelligence

The term "sentience" is not used by major artificial intelligence textbooks and researchers.^[8] It is sometimes used in popular accounts of AI to describe "human level or higher intelligence" (or artificial general intelligence).

Science fiction

In science fiction, an alien, android, robot, hologram, or computer described as "sentient" is usually treated as a fully human character, with similar rights, qualities, and capabilities as any other character; it is not human, but in this work of fiction it has genuine "personhood". "Sentience", in this context, is a hypothetical essential human property that brings many other qualities associated with personhood with it, such as will, desire, intelligence, autonomy, humor, aesthetic appreciation and so on. Science fiction uses the words "intelligence", "sapience", "self-awareness", and "consciousness" in similar ways.

This unique definition permits usage that would not make sense outside of science fiction. For example, Commander Data describing his cat as "not sentient" in one episode of Star Trek: The Next Generation, whereas the term was originally used (by philosopher Jeremy Bentham and others) to emphasize the sentience of animals (certainly including cats).

Science fiction has explored several forms of consciousness beside that of the individual human mind, and how such forms might perceive and function. These include group sentience, where a single mind is composed of multiple non-sentient members (sometimes capable of reintegration, where members can be gained or lost, resulting in gradually shifting mentalities); hive sentience, which is the extreme form of insect hives, with a single sentience extended over huge numbers of non-sentient bodies; and transient sentience, where a lifeform is sentient of that transience.

Sentience quotient

The sentience quotient concept was introduced by Robert A. Freitas Jr. in the late 1970s.^[9] It defines sentience as the relationship between the information processing rate of each individual processing unit (neuron), the weight/size of a single unit, and the total number of processing units (expressed as mass). It was proposed as a measure for the sentience of all living beings and computers from a single neuron up to a hypothetical being at the theoretical computational limit of the entire universe. On a logarithmic scale it runs from −70 up to +50.

Hard problem of consciousness

From Wikipedia, the free encyclopedia

The hard problem of consciousness is the problem of explaining how and why we have qualia or phenomenal experiences—how sensations acquire characteristics, such as colors and tastes.^[1] The philosopher David Chalmers, who introduced the term "hard problem" of consciousness,^[2] contrasts this with the "easy problems" of explaining the ability to discriminate, integrate information, report mental states, focus attention, etc. Easy problems are easy because all that is required for their solution is to specify a mechanism that can perform the function. That is, their proposed solutions, regardless of how complex or poorly understood they may be, can be entirely consistent with the modern materialistic conception of natural phenomena. Chalmers claims that the problem of experience is distinct from this set, and he argues that the problem of experience will "persist even when the performance of all the relevant functions is explained".^[3]

The existence of a "hard problem" is controversial and has been disputed by philosophers such as Daniel Dennett^[4] and cognitive neuroscientists such as Stanislas Dehaene.^[5] Clinical neurologist and skeptic Steven Novella refers to it as "the hard non-problem".^[6]

Formulation of the problem

Chalmers' formulation

In Facing Up to the Problem of Consciousness (1995), Chalmers wrote:^[3]

It is undeniable that some organisms are subjects of experience. But the question of how it is that these systems are subjects of experience is perplexing. Why is it that when our cognitive systems engage in visual and auditory information-processing, we have visual or auditory experience: the quality of deep blue, the sensation of middle C? How can we explain why there is something it is like to entertain a mental image, or to experience an emotion? It is widely agreed that experience arises from a physical basis, but we have no good explanation of why and how it so arises. Why should physical processing give rise to a rich inner life at all? It seems objectively unreasonable that it should, and yet it does.

In the same paper, he also wrote:

The really hard problem of consciousness is the problem of experience. When we think and perceive there is a whir of information processing, but there is also a subjective aspect.

The philosopher Raamy Majeed noted in 2016 that the hard problem is, in fact, associated with two "explanatory targets":^[7]

1. [PQ] Physical processing gives rise to experiences with a phenomenal character.
2. [Q] Our phenomenal qualities are thus-and-so.

The first fact concerns the relationship between the physical and the phenomenal, whereas the second concerns the very nature of the phenomenal itself. Most responses to the hard problem are aimed at explaining either one of these facts or both.

Easy problems

Chalmers contrasts the hard problem with a number of (relatively) easy problems that consciousness presents. He emphasizes that what the easy problems have in common is that they all represent some ability, or the performance of some function or behavior. Examples of easy problems include:^[8]

• the ability to discriminate, categorize, and react to environmental stimuli;
• the integration of information by a cognitive system;
• the reportability of mental states;
• the ability of a system to access its own internal states;
• the focus of attention;
• the deliberate control of behavior;
• the difference between wakefulness and sleep.

Other formulations

Other formulations of the "hard problem" include:^{[citation needed]}

• "How is it that some organisms are subjects of experience?"
• "Why does awareness of sensory information exist at all?"
• "Why do qualia exist?"
• "Why is there a subjective component to experience?"
• "Why aren't we philosophical zombies?"

Historical predecessors

The hard problem has scholarly antecedents considerably earlier than Chalmers, as Chalmers himself has pointed out.^[9]

The physicist and mathematician Isaac Newton wrote in a 1672 letter to Henry Oldenburg:

to determine by what modes or actions light produceth in our minds the phantasm of colour is not so easie.^[10]

In An Essay Concerning Human Understanding (1690), the philosopher and physician John Locke argued:

Divide matter into as minute parts as you will (which we are apt to imagine a sort of spiritualizing or making a thinking thing of it) vary the figure and motion of it as much as you please—a globe, cube, cone, prism, cylinder, etc., whose diameters are but 1,000,000th part of a gry, will operate not otherwise upon other bodies of proportionable bulk than those of an inch or foot diameter—and you may as rationally expect to produce sense, thought, and knowledge, by putting together, in a certain figure and motion, gross particles of matter, as by those that are the very minutest that do anywhere exist. They knock, impel, and resist one another, just as the greater do; and that is all they can do... [I]t is impossible to conceive that matter, either with or without motion, could have originally in and from itself sense, perception, and knowledge; as is evident from hence that then sense, perception, and knowledge must be a property eternally inseparable from matter and every particle of it.^[11]

The polymath and philosopher Gottfried Leibniz wrote in 1714, as an example also known as Leibniz's gap:

Moreover, it must be confessed that perception and that which depends upon it are inexplicable on mechanical grounds, that is to say, by means of figures and motions. And supposing there were a machine, so constructed as to think, feel, and have perception, it might be conceived as increased in size, while keeping the same proportions, so that one might go into it as into a mill. That being so, we should, on examining its interior, find only parts which work one upon another, and never anything by which to explain a perception.^[12]

The philosopher and political economist J.S. Mill wrote in A System of Logic (1843), Book V, Chapter V, section 3:

Now I am far from pretending that it may not be capable of proof, or that it is not an important addition to our knowledge if proved, that certain motions in the particles of bodies are the conditions of the production of heat or light; that certain assignable physical modifications of the nerves may be the conditions not only of our sensations or emotions, but even of our thoughts; that certain mechanical and chemical conditions may, in the order of nature, be sufficient to determine to action the physiological laws of life. All I insist upon, in common with every thinker who entertains any clear idea of the logic of science, is, that it shall not be supposed that by proving these things one step would be made towards a real explanation of heat, light, or sensation; or that the generic peculiarity of those phenomena can be in the least degree evaded by any such discoveries, however well established. Let it be shown, for instance, that the most complex series of physical causes and effects succeed one another in the eye and in the brain to produce a sensation of colour; rays falling on the eye, refracted, converging, crossing one another, making an inverted image on the retina, and after this a motion—let it be a vibration, or a rush of nervous fluid, or whatever else you are pleased to suppose, along the optic nerve—a propagation of this motion to the brain itself, and as many more different motions as you choose; still, at the end of these motions, there is something which is not motion, there is a feeling or sensation of colour. Whatever number of motions we may be able to interpolate, and whether they be real or imaginary, we shall still find, at the end of the series, a motion antecedent and a colour consequent. The mode in which any one of the motions produces the next, may possibly be susceptible of explanation by some general law of motion: but the mode in which the last motion produces the sensation of colour, cannot be explained by any law of motion; it is the law of colour: which is, and must always remain, a peculiar thing. Where our consciousness recognises between two phenomena an inherent distinction; where we are sensible of a difference which is not merely of degree, and feel that no adding one of the phenomena to itself would produce the other; any theory which attempts to bring either under the laws of the other must be false; though a theory which merely treats the one as a cause or condition of the other, may possibly be true.

The biologist T.H. Huxley wrote in 1868:

But what consciousness is, we know not; and how it is that anything so remarkable as a state of consciousness comes about as the result of irritating nervous tissue, is just as unaccountable as the appearance of the Djin when Aladdin rubbed his lamp in the story, or as any other ultimate fact of nature.^[13]

The philosopher Thomas Nagel argued in 1974:

If physicalism is to be defended, the phenomenological features must themselves be given a physical account. But when we examine their subjective character it seems that such a result is impossible. The reason is that every subjective phenomenon is essentially connected with a single point of view, and it seems inevitable that an objective, physical theory will abandon that point of view.^[14]

Relationship to scientific frameworks

Neural correlates of consciousness

Since 1990, researchers including the molecular biologist Francis Crick and the neuroscientist Christof Koch have made significant progress toward identifying which neurobiological events occur concurrently to the experience of subjective consciousness.^[15] These postulated events are referred to as neural correlates of consciousness or NCCs. However, this research arguably addresses the question of which neurobiological mechanisms are linked to consciousness but not the question of why they should give rise to consciousness at all, the latter being the hard problem of consciousness as Chalmers formulated it. In "On the Search for the Neural Correlate of Consciousness", Chalmers said he is confident that, granting the principle that something such as what he terms global availability can be used as an indicator of consciousness, the neural correlates will be discovered "in a century or two".^[16] Nevertheless, he stated regarding their relationship to the hard problem of consciousness:

One can always ask why these processes of availability should give rise to consciousness in the first place. As yet we cannot explain why they do so, and it may well be that full details about the processes of availability will still fail to answer this question. Certainly, nothing in the standard methodology I have outlined answers the question; that methodology assumes a relation between availability and consciousness, and therefore does nothing to explain it. [...] So the hard problem remains. But who knows: Somewhere along the line we may be led to the relevant insights that show why the link is there, and the hard problem may then be solved.^[16]

The neuroscientist and Nobel laureate Eric Kandel wrote that locating the NCCs would not solve the hard problem, but rather one of the so-called easy problems to which the hard problem is contrasted.^[17] Kandel went on to note Crick and Koch's suggestion that once the binding problem—understanding what accounts for the unity of experience—is solved, it will be possible to solve the hard problem empirically.^[17] However, neuroscientist Anil Seth argued that emphasis on the so-called hard problem is a distraction from what he calls the "real problem": understanding the neurobiology underlying consciousness, namely the neural correlates of various conscious processes.^[18] This more modest goal is the focus of most scientists working on consciousness.^[17] Psychologist Susan Blackmore believes, by contrast, that the search for the neural correlates of consciousness is futile and itself predicated on an erroneous belief in the hard problem of consciousness.^[19]

Integrated information theory

Integrated information theory (IIT), developed by the neuroscientist and psychiatrist Giulio Tononi in 2004 and more recently also advocated by Koch, is one of the most discussed models of consciousness in neuroscience and elsewhere.^[20][21] The theory proposes an identity between consciousness and integrated information, with the latter item (denoted as Φ) defined mathematically and thus in principle measurable.^[21][22] The hard problem of consciousness, write Tononi and Koch, may indeed be intractable when working from matter to consciousness.^[23] However, because IIT inverts this relationship and works from phenomenological axioms to matter, they say it could be able to solve the hard problem.^[23] In this vein, proponents have said the theory goes beyond identifying human neural correlates and can be extrapolated to all physical systems. Tononi wrote (along with two colleagues):

While identifying the “neural correlates of consciousness” is undoubtedly important, it is hard to see how it could ever lead to a satisfactory explanation of what consciousness is and how it comes about. As will be illustrated below, IIT offers a way to analyze systems of mechanisms to determine if they are properly structured to give rise to consciousness, how much of it, and of which kind.^[24]

As part of a broader critique of IIT, Michael Cerullo suggested that the theory's proposed explanation is in fact for what he dubs (following Scott Aaronson) the "Pretty Hard Problem" of methodically inferring which physical systems are conscious—but would not solve Chalmers' hard problem.^[21] "Even if IIT is correct," he argues, "it does not explain why integrated information generates (or is) consciousness."^[21]

Responses

Consciousness is fundamental or elusive

Some philosophers, including David Chalmers in the late 20th century and Alfred North Whitehead earlier in the 1900s, argued that conscious experience is a fundamental constituent of the universe, a form of panpsychism sometimes referred to as panexperientialism. Chalmers argued that a "rich inner life" is not logically reducible to the functional properties of physical processes. He states that consciousness must be described using nonphysical means. This description involves a fundamental ingredient capable of clarifying phenomena that have not been explained using physical means. Use of this fundamental property, Chalmers argues, is necessary to explain certain functions of the world, much like other fundamental features, such as mass and time, and to explain significant principles in nature.

The philosopher Thomas Nagel posited in 1974 that experiences are essentially subjective (accessible only to the individual undergoing them), while physical states are essentially objective (accessible to multiple individuals). So at this stage, he argued, we have no idea what it could even mean to claim that an essentially subjective state just is an essentially non-subjective state. In other words, we have no idea of what reductivism really amounts to.^[14]

New mysterianism, such as that of the philosopher Colin McGinn, proposes that the human mind, in its current form, will not be able to explain consciousness.^[25]

Deflationary accounts

Some philosophers, such as Daniel Dennett^[4] and Peter Hacker^[26] oppose the idea that there is a hard problem. These theorists have argued that once we really come to understand what consciousness is, we will realize that the hard problem is unreal. For instance, Dennett asserts that the so-called hard problem will be solved in the process of answering the "easy" ones (which, as he has clarified, he does not consider "easy" at all).^[4] In contrast with Chalmers, he argues that consciousness is not a fundamental feature of the universe and instead will eventually be fully explained by natural phenomena. Instead of involving the nonphysical, he says, consciousness merely plays tricks on people so that it appears nonphysical—in other words, it simply seems like it requires nonphysical features to account for its powers. In this way, Dennett compares consciousness to stage magic and its capability to create extraordinary illusions out of ordinary things.^[27]

To show how people might be commonly fooled into overstating the powers of consciousness, Dennett describes a normal phenomenon called change blindness, a visual process that involves failure to detect scenery changes in a series of alternating images.^[28] He uses this concept to argue that the overestimation of the brain's visual processing implies that the conception of our consciousness is likely not as pervasive as we make it out to be. He claims that this error of making consciousness more mysterious than it is could be a misstep in any developments toward an effective explanatory theory. Critics such as Galen Strawson reply that, in the case of consciousness, even a mistaken experience retains the essential face of experience that needs to be explained, contra Dennett.

To address the question of the hard problem, or how and why physical processes give rise to experience, Dennett states that the phenomenon of having experience is nothing more than the performance of functions or the production of behavior, which can also be referred to as the easy problems of consciousness.^[4] He states that consciousness itself is driven simply by these functions, and to strip them away would wipe out any ability to identify thoughts, feelings, and consciousness altogether. So, unlike Chalmers and other dualists, Dennett says that the easy problems and the hard problem cannot be separated from each other. To him, the hard problem of experience is included among—not separate from—the easy problems, and therefore they can only be explained together as a cohesive unit.^[27]

Like Dennett, Hacker argues that the hard problem is fundamentally incoherent and that "consciousness studies", as it exists today, is "literally a total waste of time":^[26]

The whole endeavour of the consciousness studies community is absurd—they are in pursuit of a chimera. They misunderstand the nature of consciousness. The conception of consciousness which they have is incoherent. The questions they are asking don't make sense. They have to go back to the drawing board and start all over again.

Critics of Dennett's approach, such as Chalmers and Nagel, argue that Dennett's argument misses the point of the inquiry by merely re-defining consciousness as an external property and ignoring the subjective aspect completely. This has led detractors to refer to Dennett's book Consciousness Explained as Consciousness Ignored or Consciousness Explained Away.^[4] Dennett discussed this at the end of his book with a section entitled Consciousness Explained or Explained Away?^[28]

Though the most common arguments against deflationary accounts and eliminative materialism are the argument from qualia and the argument that conscious experiences are irreducible to physical states—or that current popular definitions of "physical" are incomplete—the objection follows that the one and same reality can appear in different ways, and that the numerical difference of these ways is consistent with a unitary mode of existence of the reality.^{[citation needed]} Critics of the deflationary approach object that qualia are a case where a single reality cannot have multiple appearances. For example, the philosopher John Searle pointed out: "where consciousness is concerned, the existence of the appearance is the reality".^[29]

A notable deflationary account is the higher-order theories of consciousness.^[30] In 2005, the philosopher Peter Carruthers wrote about "recognitional concepts of experience", that is, "a capacity to recognize [a] type of experience when it occurs in one's own mental life", and suggested that such a capacity does not depend upon qualia.^[31]

The philosophers Glenn Carruthers and Elizabeth Schier said in 2012 that the main arguments for the existence of a hard problem—philosophical zombies, Mary's room, and Nagel's bats—are only persuasive if one already assumes that "consciousness must be independent of the structure and function of mental states, i.e. that there is a hard problem". Hence, the arguments beg the question. The authors suggest that "instead of letting our conclusions on the thought experiments guide our theories of consciousness, we should let our theories of consciousness guide our conclusions from the thought experiments".^[32]

In 2013, the philosopher Elizabeth Irvine pointed out that both science and folk psychology do not treat mental states as having phenomenal properties, and therefore "the hard problem of consciousness may not be a genuine problem for non-philosophers (despite its overwhelming obviousness to philosophers), and questions about consciousness may well 'shatter' into more specific questions about particular capacities".^[33]

The philosopher Massimo Pigliucci distances himself from eliminativism, but he said in 2013 that the hard problem is still misguided, resulting from a "category mistake":^[34]

Of course an explanation isn't the same as an experience, but that's because the two are completely independent categories, like colors and triangles. It is obvious that I cannot experience what it is like to be you, but I can potentially have a complete explanation of how and why it is possible to be you.

The source of illusion

A complete reductionistic or mechanistic theory of consciousness must include the description of a mechanism by which the subjective aspect of consciousness is perceived and reported by people. Philosophers such as Chalmers or Nagel have rejected reductionist theories of consciousness because they believe that the reports of subjective experience constitute a vast and important body of empirical evidence which is ignored by modern reductionist theories of consciousness.^[9]

Dennett argued that solving the easy problem of consciousness, that is finding out how the brain works, will eventually lead to the solution of the hard problem of consciousness.^[4] In particular, the solution can be achieved by identifying the stimuli and neurological pathways whose operation generates evidence of subjective experience.

Neuroscientist Michael Graziano, in his book Consciousness and the Social Brain, advocates what he calls attention schema theory, in which our perception of being conscious is merely an error in perception, held by brains which evolved to hold erroneous and incomplete models of their own internal workings, just as they hold erroneous and incomplete models of their own bodies and of the external world.^[35][36]

Cognitive neuroscientist Stanislas Dehaene, in his 2014 book Consciousness and the Brain, summarized the previous decades of experimental consciousness research involving reports of subjective experience, and argued that Chalmers' "easy problems" of consciousness are actually the hard problems and the "hard problems" are based only upon ill-defined intuitions that, according to Dehaene, are continually shifting as understanding evolves:^[5]

Once our intuitions are educated by cognitive neuroscience and computer simulations, Chalmers' hard problem will evaporate. The hypothetical concept of qualia, pure mental experience, detached from any information-processing role, will be viewed as a peculiar idea of the prescientific era, much like vitalism... [Just as science dispatched vitalism] the science of consciousness will keep eating away at the hard problem of consciousness until it vanishes.

Will Europe's Human Brain Project simulate a human brain?

Posted May 09, 2017 

by Joel Frohlich

Original link:  https://www.psychologytoday.com/us/blog/consciousness-self-organization-and-neuroscience/201705/reverse-engineering-the-brain

Source: Wikimedia Commons user Wolfgangbeyer

Can we learn everything about the brain by studying individual brain cells? 

It started with a simple equation. In 1980, a mathematician named Benoit Mandelbrot working for IBM plotted the behavior of points on a plane using a computer. When the plane was colored by the results, a whimsical world emerged: infinitely branching scepters and spirals, never ending chasms, endless tentacles growing from heart-shaped bulbs. It appears as something from the final trippy minutes of Kubrick's 2001: A Space Odyssey, only much stranger, like a tie-dye painted by insane space aliens.

The Mandelbrot set shows complexity no matter how far we zoom in. 

Source: Wikimedia Commons

Almost none of the complexity of the eponymous Mandelbrot set is readily obvious from the equation Benoit Mandelbrot plotted. Pick a pair of numbers, one real and one imaginary. Now multiply this pair by itself, many many times, and count the number of iterations it takes to exceed a certain magnitude, or distance from zero. Color each coordinate pair on the plane according to the number of iterations that point took to grow above the threshold. And viola! Complexity is born.

The shocking depth of complexity found in the Mandelbrot set may teach neuroscientists a lesson about emergent properties. Emergent properties are crucial to understanding complexity and the brain. Unlike simple phenomena, like the swinging of a pendulum, emergent properties such as intelligence and consciousness cannot be understood by merely studying simple parts of a system. Even holding the rulebook, in the case of Mandelbrot, may not readily show how the rules result in complexity. Why does squaring each number and adding back the result create such a beautifully complex pattern? Why does a particular pattern of neural connections allow for language and intelligence? To be sure, mapping cells and their synaptic connections to other cells in the brain has value. If nothing else, such maps outline which communication routes are possible. But this alone is not enough.

Closely related to emergent properties is the concept of self-organization. This is the idea that new phenomena can result from interactions between parts, with no one part leading or controlling the system. Consider the tiny worm C. elegans. Mapping all 302 neurons and synapses in the adult hermaphrodite worm should, by the opposing logic of reductionism, turn the scientist into a prescient wizard who can foresee how the worm responds to every possible stimulus. And yet, such knowledge has lead to only modest insights into C. elegans' behavior. Does this suggest that we still don't fully know the rules for how these neurons interact? Or is the simulation still not detailed enough?

The roundworm C. elegans. Adult hermaphrodites have exactly 302 neurons. 

Source: Wikimedia Commons/Dan Dickinson, Goldstein lab, UNC Chapel Hill

Sometimes we need more firepower. If we have enough powerful computers, this reasoning goes, a simulation will show us how every wiggle and breath results from each poke and prod. Such is the justification for the Human Brain Project (HBP), an undertaking co-funded by the European Union that has inherited goals from Switzerland's Blue Brain project. Lead by neuroscientist Henry Markham at the Swiss Federal Institute of Technology in Lausanne, HBP aspires to run a massive simulation of a human brain using the vast firepower of supercomputers across Europe. Not the least of these is an IBM blue gene supercomputer performing nearly six quadrillion floating point operations per second!

In the case of the Mandelbrot set, computers were the key to unlocking complexity—without their laborious firepower, it is likely that no human would ever see the haunting patterns that emerge from a simple equation. But for an emergent property to be simulated by a computer, the complete rulebook must be known. As we discover new molecules and developmental trends in the brain, our humility grows with our knowledge. Are we actually ready to build a computer model of the human brain when, as recently as several years ago, a widely accepted model of neural connections in the adult brain known as the tripartite synapse was found to be wrong? And there is still some disagreement among neuroscientists on questions as basic as how and where memories are stored in the brain. Other gaps in our knowledge—such "orphan" receptors whose neurotransmitter parents have not yet been discovered—underscore the possible hubris of such a moonshot level undertaking.

It’s important to emphasize that even small discoveries of this sort matter. Small causes may have big effects. This concept, known as nonlinearity, underlies complex systems. In Mandelbrot's case, changing the position of a point on the plane by a hair may completely alter its color or magnitude. In the brain's case, slightly adjusting the resting voltage of neurons may completely alter their collective activity. Nonlinear interaction between parts is central to self-organization.

In the Mandelbrot set, patterns on all scales exists, even if the observer zooms in for infinity. While the brain does not exhibit a truly infinite range of complexity, it does exhibit structure and activity over a vast range of different scales of space and time. Complex connectivity patterns are observed from microscopic synapses to the whole-brain scale. This facet of brain complexity urges us not to build our understanding of the brain only on cells, but all relevant scales. Indeed, the "functional unit" of the nervous system is sometimes identified as the neuron, but also as larger structures known as cell assemblies and neocortical columns.

Markham has closed a TED talk by suggesting his model brain might one day speak to humans through a hologram. Herculean goals of simulating consciousness or otherwise biting off more than the project can chew have been criticisms of HBP. But if we cannot understand emergent properties through vast computer simulations like HBP, how can we understand the brain? Is reverse engineering the brain possible?

Henry Markram

Source: Flickr user cea+

A true reverse engineering approach requires understanding the brain on its most abstract level. Such holistic understanding transcends knowing that a gene or brain region is needed for memory or cognition—it explains how and why. A paper published in the journal Neuron in February calls for neuroscientists to consider how a circuit in the brain could or should work before dissecting it with a plethora of tools, just as one needs to understand such concepts as aerodynamics and lift before studying a bird’s wing. This idea, which originated with the late neuroscientist David Marr, implies that HBP first needs a theory for how language or consciousness could emerge from neurons and synapses before blindly simulating billions of them.

Until we know how and why a certain pattern of activity or piece of brain tissue is needed for behavior, we can't really claim that we understand the brain. In the meantime, there will always be room for theoreticians outside the lab to ponder our behaviors and ask what biological machinery could beget such complexity. The foundation of neuroscience need not be merely single cells, but also great ideas.

References

Bullmore, E., & Sporns, O. (2009). Complex brain networks: graph theoretical analysis of structural and functional systems. Nature Reviews Neuroscience, 10(3), 186-198.

Jabr, F. (2012). The connectome debate: is mapping the mind of a worm worth it. Scientific American,(October 2, 2012).

Jacbonson, R. (2015). Memories May Not Live in Neurons’ Synapses. Scientific American, (April 1, 2015).

Krakauer, J. W., Ghazanfar, A. A., Gomez-Marin, A., MacIver, M. A., & Poeppel, D. (2017). Neuroscience needs behavior: correcting a reductionist Bias. Neuron, 93(3), 480-490.

Theil, S. (2015). Why the Human Brain Project went wrong—and how to fix it. Scientific American, 313(4).