Animal Captivity

When making decisions about action to improve animal lives, it is important that we have accurate estimates of how much animals are suffering under different conditions. The current frameworks for making comparative estimates of suffering all fall along the lines of multiplying numbers of animals used by length of life and amount of suffering experienced. However, the numbers used to quantify suffering are usually generated through unreliable and subjective processes which make them unlikely to be correct. In this paper, I (...) look at how we might apply principled methods from animal welfare science to arrive at more accurate scores, which will then help us in making the best decisions for animals. I argue that a combined use of both a whole-animal measure and a combination measurement framework for assessing welfare will give us the most accurate answers to guide our action. (shrink)

Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize a second value, (...) the animal’s value to her guardian. What is this noneconomic value, and how should guardians be compensated for it? In Part 1, I propose a novel method to answer this question. My method includes a third, even more controversial, value: the animal’s value to herself. The idea that an animal could invest in herself faces many criticisms. In Part 2, I defend the claim by examining the mental capacities of dogs (Canis familiaris). I rebut the central objection—that dogs lack the psychological capacities required for self-investment—by showing that dogs are autonomous, think about their futures, and inhibit their desires in light of their goals. I close by suggesting that whereas the approach has conservative implications for the valuation of companion animals, it has radical implications for the valuation of agricultural animals. -/- Keywords: companion animals, animal law, legal theory, value theory, practical ethics, economic value, noneconomic value, intrinsic value, instrumental value, animal welfare, dogs, animal rights, capital value, self-investment value, autonomy, wrongful death, philosophy of animal law, animal minds, moral standing of animals, legal standing of animals, agency, prospection, canine neurobiology, bereavement, replaceability, non-ideal ethics . (shrink)

This multispecies ethnography investigates how free-roaming ponies and humans participate in the production of “pony wildness” on Assateague Island, a barrier island located off the U.S. mid-Atlantic coast. The bordering practices of ponies intersect with the bordering practices of people to generate a relational conception of pony wildness that incorporates in people-pony relations a desire for intimacy with respect for autonomy, in a multifunctional landscape managed both as wilderness and as a beach tourism destination. This notion of pony wildness includes (...) nonhuman charisma, fluidity, and managing human visitors. We conclude by discussing how the fluidity of pony wildness can help us think more imaginatively about other contexts in which communities of free-roaming nonhuman animals share space with human communities. (shrink)

Commentary on Kyle Johannsen, Wild Animal Ethics (Routledge, 2020). I want to unpack what we should understand by wild animal well-being, and how different interpretations of what matters about it shape the sorts of interventions we endorse. I will not offer a theory of wild animal well-being or even take a stance on the best approach to theories of well-being as they pertain to wild animals. My aim is to bring into view a concern that WAE has largely overlooked: agency (...) and freedom. To Johannsen’s credit, the issue of liberties does feature in his Wild Animal Ethics (2020) (36–39, 41, 47). The interventions that he favors are those that, for a given amount of harm prevention, involve fewer liberty infringements. Liberties can act, to an extent, as constraints on permissible interventions. For all that, Johannsen’s primary focus remains welfare in a sense that does not appear to give much consideration to agency. Fortunately, his approach is open-ended enough to accommodate some of my concerns. My hope is that he sees them as possible ways of specifying the duties of beneficence, if not justice, that he rightly argues we have to wild animals. (shrink)

This paper considers the hotly debated issue of whether one should grant moral and legal personhood to intelligent robots once they have achieved a certain standard of sophistication based on such criteria as rationality, autonomy, and social relations. The starting point for the analysis is the European Parliament’s resolution on Civil Law Rules on Robotics and its recommendation that robots be granted legal status and electronic personhood. The resolution is discussed against the background of the so-called Robotics Open Letter, which (...) is critical of the Civil Law Rules on Robotics. The paper reviews issues related to the moral and legal status of intelligent robots and the notion of legal personhood, including an analysis of the relation between moral and legal personhood in general and with respect to robots in particular. It examines two analogies, to corporations and animals, that have been proposed to elucidate the moral and legal status of robots. The paper concludes that one should not ascribe moral and legal personhood to currently existing robots, given their technological limitations, but that one should do so once they have achieved a certain level at which they would become comparable to human beings. (shrink)

Our topic is food that is "local, ethical, and sustainable." We defend a surprising claim about such a conception (at least, on certain ways of specifying its three central components): namely, that it may lend support to some varieties of “conscientious carnivorism.” We focus on an especially illustrative instance of (potentially) moral meat-eating: the case of Cinta Senese, a once-endangered pig that holds a special place in the cultural and environmental landscape in Tuscany, Italy. In Tuscany, Cinta Senese constitute a (...) robustly local food product (in the genealogical sense of "local"), where plausibly they lead quite worthwhile lives (in a welfarist sense of "worthwhile"). Further, the recent revival of their dwindling populations seemingly represents a “sustainability success” (in a conservationist sense). Thus, we argue that locavores with welfarist and conservationist proclivities may actually find that they have considerable reason to support, rather than to oppose, this form of animal agriculture – as well as others relevantly like it. (shrink)

In response to my defense of house-based, free-roaming cats, Bob Fischer : 463–468, 2020) argues that cat guardians have a duty to permanently confine their felines to the indoors. His main argument is that house-based cats cause an all-things-considered harm to the animals they kill and that this harm is not outweighed by the harm cats endure as a consequence of feline imprisonment. He moreover claims that while we can justify the restriction of feline liberty because cats are not “full (...) agents” and are under our care, we cannot justify restricting the liberty of “full agents” who are not under our care. Against Fischer, I argue that even if cats cause an all-things-considered harm to wildlife, the harm of permanent confinement is a greater harm. Moreover, I challenge Fischer’s claim that cats are not full agents and his claim that we can justify permanently confining creatures under our care. Thus, as I previously argued, cat guardians have a duty to, under certain conditions, provide outdoor access to their felines. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value arising from the increased (...) ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Animals who live in cities must coexist with us. They are, as a result, entitled to the conditions of their flourishing. This article argues that, as the boundaries of cities and urban areas expand, the boundaries of our conception of captivity should expand too. Urbanization can undermine animals’ freedoms, hence their ability to live good lives. I draw the implications of an account of “pervasive captivity” against the background of the Capabilities Approach. I construe captivity, including that of urban animals, (...) as affecting a range of animal capabilities, understood as freedoms, and I address some tensions within Nussbaum’s treatment of human-animal conflicts. Using the Capabilities Approach as a guide, I will attempt to motivate a convergence between habitat preservation in urbanized environments, urban design guided by justice, and the individual freedoms of animals. (shrink)

In this article, we develop and defend an account of the normative significance of nonhuman animal agency. In particular, we examine how animals’ agency interests impact upon the moral permissibility of our interactions with them. First, we defend the claim that nonhuman animals sometimes have rights to self-determination. However, unlike typical adult humans, nonhuman animals cannot exercise this right through the giving or withholding of consent. This combination of claims generates a puzzle about the permissibility of our interactions with nonhuman (...) animals. If animals sometimes have rights to self-determination, but lack the capacity to consent, then when, if ever, is it permissible for us to touch them, hold them, bathe them, or confine them? In the second half of the article, we develop a solution to this puzzle. We argue that while we cannot obtain animals’ consent, they can engage in authoritative communications of will through acts of “assent” and “dissent.”. (shrink)

The COVID-19 pandemic once again confirmed that zoonotic diseases are a serious threat to humanity. These infectious diseases, transmitted from animals to humans, have the power to cause a global health crisis. Over time the risk on these outbreaks has increased. Some of the main drivers are global population growth, urbanization, worldwide transport, increased demand for animal protein, unsustainable agriculture, and climate change. This development has fueled a renewed interest in the relation between human, animal and environmental health. This was (...) framed in the concept of One Health: the integrative effort of multiple disciplines working locally, nationally, and globally to attain optimal health for people, animals, and the environment. At present, One Health is the worldwide standard to combat zoonotic diseases. In an ideal world such a strategy should lead to a better health for humans, animals and our environment. However, in practice it is not self-evident that a One Health approach in zoonotic disease control is actually in the interest of animals or the environment. From a holistic One Health perspective it can be difficult to accept the culling of healthy animals to protect public health. The same goes for long term confinement of free-range poultry, whose housing systems are often not suitable for this purpose, to prevent avian influenza outbreaks. Or antimicrobial reduction policies that lead to higher disease incidence and mortality in animals. These ethical considerations formed the start of this thesis. The aim of my research is to clarify the ethical assumptions of a One Health approach in zoonotic disease control, to explore how these can be coherently understood and justified and to indicate what this implies for policymaking. The outcome of my research contributes to the development of an ethic of One Health and will hopefully lead to a more socially acceptable zoonotic disease control. This project is related to the interdisciplinary Wageningen UR strategic research theme ‘Global One Health’. From my conceptual analysis, it follows that there is no universal interpretation of the One Health concept nor of a One Health approach in zoonotic disease control. Nevertheless, One Health has produced several successes in zoonotic disease control, surveillance and research. Due to its ambiguity, the One Health concept functions as a boundary object: by leaving room for interpretation to fit different purposes it facilitates cooperation. In many cases this results in the promotion of health of humans, animals and the environment. However, there are also situations in which this mutual benefit of a One Health approach is not that evident. For instance, when healthy animals are culled to protect public health. To address these moral dilemmas, it is important to develop an ethical framework. Such an ethic of One Health starts with acknowledging the moral status of animals and the indirect moral obligations we have towards ecosystems. Furthermore, it is necessary that we find an appropriate definition of health, which encompasses all three components of One Health. In chapter 3, I present the results of an empirical study on normative presuppositions of health professionals involved in zoonotic disease control policies in the Netherlands. This study reveals that in theory these professionals adhere to a holistic view of the One Health concept. However, in practice an anthropocentric approach was dominant. The study identified public health as a trumping moral value, which reveals an inherent field of tension with the core of One Health thinking. Furthermore, a lack of ethical expertise in control systems for zoonotic diseases can lead to misconception of ethical principles, like the precautionary principle. In chapter 4, I discuss that within a One Health strategy, that requires us to balance public health benefits against the health interests of animals and the environment, unrestricted use of the precautionary principle can lead to moral dilemmas. It must at least be clear that there is a harm and some scientific evidence for a cause and effect relation. Furthermore, precautionary measures should be effective, consistent, proportional and not counterproductive. An assessment of their effect should be integrated in the standard decision-models of public health authorities. Moreover, to ensure societal support these considerations should be transparent and open for dialogue. I present two possible conceptions of the precautionary principle. First, it is noticeable that because of the unpredictable nature of zoonotic diseases, public health authorities focus on the idea of ‘precaution as preparedness’. This reactive response leads to difficult trade-offs between human and animal health. I therefore argue that this policy should always be accompanied by a second policy: ‘precaution as prevention’. Addressing the underlying drivers of zoonotic diseases is a necessary condition to justify disease control measures that harm animals and ecosystems on the basis of the precautionary principle. In chapter 5, I elaborate the responsibilities of veterinarians within the One Health framework. Veterinarians are professionally responsible for the health and welfare of the animals under their care. Moreover, society expects veterinarians to safeguard food safety and public health. These societal expectations are sometimes overdemanding. A holistic perspective on One Health offers veterinarians a way out of the dichotomy between public and animal health, that is at the basis of many moral dilemmas in zoonotic disease control. This is explained with the ‘encapsulated health’ argument: the best way to safeguard human health is to promote the health of animals and the environment. In chapter 6, I conclude that before we decide to implement certain disease control measures, an ethic of One Health requires that we choose those interventions that have the least impact on the health of animals and ecosystems, while still effective enough to stop the disease. My research indicates that the contemporary conception of One Health is necessary but insufficient to address moral dilemmas related to emerging zoonotic diseases. A holistic interpretation of the One Health concept confronts us with underlying value conflicts but will ultimately promote human health more than the current anthropocentric conception. (shrink)

Ex-Machina and Morgan, two recent science-fiction films that deal with the creation of humanoids, also explored the relationship between artificial intelligence, spatiality and the lingering question mark regarding artificial consciousness. In both narratives, the creators of the humanoids have tried to mimic human consciousness as closely as possible, which has resulted in the imprisonment of the humanoids due to proprietary concerns in Ex-Machina and due to the violent behavior of the humanoid in Morgan. This article addresses the dilemma of whether (...) or not the humanoids in both films possess high levels of artificial consciousness and its possible consequences regarding focalization, a narrative term that presupposes subjectivity, as well as offer two new categories of posthuman focalization—X-focalization and A-focalization. The issue of captivity also has far-reaching ethical implications when considering the underlying assumption of artificial consciousness—if humanoids are indeed endowed with a subjective inner life, then they are entitled to be treated as moral agents, equivalent to humans rather than animals. (shrink)

YouTube hosts a vast number of videos featuring zoo animals and humans actively reacting to each other. These videos can be seen as a popular genre of online entertainment, but also as a significant visual artefact of our relations with animals in the age of humans. In this chapter we focus on two viral videos featuring captive orangutans interacting with zoo visitors. The interpretations of ape-human interactions arising from the extensive number of comments posted to the videos are ambivalent in (...) how they see the animals and their assumed capabilities. We argue that the YouTube Zoo could figure as a snapshot of human-animal relations in late modern times: mediating artificial conditions of animals suspended between the wild and the domestic, while offering a screened account of a deeply surprising interaction. The chapter shows the potential of close interactions between humans and animals to destabilise or reinforce the neat divisions between the human and the animal. It also shows the ethical potential of these interactions to either reinforce or question common practices of dealing with wild animals. (shrink)

In this paper, I examine the way humans interact with domestic companion animals, with a focus on ‘positive reward-based training’ methods, particularly for dogs. From a biosemiotic perspective, I discuss the role of animal training in today’s society and examine what binary reward- based reinforcement schedules communicate, semiotically. I also examine the extent to which reward-based training methods promote better welfare, when compared to the more traditional methods which rely on aversive stimuli and punishment, if and when they are relied (...) upon excessively. I conclude that when used as the primary means of communication, they have the potential to be detrimental to animal welfare, because the underlying social signal is control and resource dominance. As an alternative view to behaviourist-based learning theory and conditioning, I outline how enactivist theories of cognition support a semiotic approach to interspecific human-animal communication. I therefore propose a move toward a dynamic semiosis and mutual understanding based upon Peirce’s phenomenology, resulting in a more balanced merging of Umwelten. The aim is to create rich and more complex semiospheres around humans and domestic animals, which allow for individual agency and autonomy. (shrink)

In virtue of their capacity for political agency, political agents can possess special rights, powers, and responsibilities, such as rights to political participation and freedom of speech. Traditionally, political theorists have assumed that only cognitively unimpaired adult humans are political agents, and thus that only those humans can be the bearers of these rights, powers, and responsibilities. However, recent work in animal rights theory has extended the concept of political agency to nonhuman animals. In this article, I develop an account (...) of political agency that identifies the capacities that one must possess to be a political agent and captures the fact that political action is a distinctive type of action. Crucially, this account makes sense of the standard assumption that only some humans count as political agents, and explains why few nonhuman animals, human infants, and severely cognitively impaired humans are likely to possess the capacity for political agency. I go on to reject the view, recently advanced by Sue Donaldson and Will Kymlicka, that nonhuman animals can be ‘nonintentional political agents’. I conclude by suggesting that most nonhuman animals, as well as human infants and humans with severe cognitive impairments, cannot straightforwardly be assigned rights to political participation. (shrink)

The COVID-19 crisis has left zoos especially vulnerable to bankruptcy, and the precarity of their financial situation threatens the lives and well-being of the animals who live in them. In this paper, we argue that while we and our governments have a responsibility to ensure the protection of animals in struggling zoos, it is morally impermissible to make private donations or state subsidies to zoos because such actions serve to perpetuate an unjust institution. In order to protect zoo animals without (...) perpetrating further injustice, governments should subsidize the transformation of zoos into sanctuaries and then facilitate the gradual closure of most of these sanctuaries. (shrink)

In a recent article, Corey Wrenn argues that in order to adequately address injustices done to animals, we ought to think systemically. Her argument stems from a critique of the individualist approach I employ to resolve a moral dilemma faced by animal sanctuaries, who sometimes must harm some animals to help others. But must systemic critiques of injustice be at odds with individualist approaches? In this paper, I respond to Wrenn by showing how individualist approaches that take seriously the notion (...) of group responsibility can be deployed to solve complicated dilemmas that are products of injustice. Contra Wrenn, I argue that to adequately address injustice, acting individually, often within groups, is significantly more important than thinking systemically. (shrink)

The ethics of using nonhuman animals in biomedical research is usually seen as a subfield of animal ethics. In recent years, however, the ethics of animal research has increasingly become a subfield within research ethics under the term “animal research ethics”. Consequently, ethical issues have become prominent that are familiar in the context of human research ethics, such as autonomy or self-determination, harms and benefits, justice, and vulnerability. After a brief overview of the development of the field and a discussion (...) of relevant theoretical ethical frameworks, I consider two of these issues, namely autonomy and self-determination on the one hand, and harms and benefits on the other hand. My concern is with philosophical and ethical issues, rather than animal research oversight. I focus my discussion on nonhuman primates, as the most plausible nonhuman candidates for this approach. I conclude that the approach, although promising, depends strongly on the moral status of nonhuman research subjects. (shrink)

Touch pools are popular open-topped fish tanks often found in aquariums where visitors may interact with animals, by touching and sometimes even feeding them, for educational and recreational purposes. However, although animal interactions are becoming increasingly popular in recent years, the welfare impact on the animals and the educational effectiveness of such interactions is under debate. Awareness concerning the different, and sometimes controversial, aspects connected with such interactions has spread. The aim of this paper is to investigate the ethical issues (...) arising from the presence of touch pools in aquariums and facilities alike. In particular, possible sources of moral conflicts between five interested parties will be identified and discussed: biodiversity; aquariums; staff involved with touch pools; individual animals used in the touch pools; visitors interacting with animals in touch pools. In order to assess the framework of ethical demands from different parties, it will be used an analytical tool provided by a revised version of the Ethical Matrix. (shrink)

The performance of natural behavior is commonly used as a criterion in the determination of animal welfare. This is still true, despite many authors having demonstrated that it is not a necessary component of welfare – some natural behaviors may decrease welfare, while some unnatural behaviors increase it. Here I analyze why this idea persists, and what effects it may have. I argue that the disagreement underlying this debate on natural behavior is not one about which conditions affect welfare, but (...) a deeper conceptual disagreement about what the state of welfare actually consists of. Those advocating natural behavior typically take a “teleological” view of welfare, in which naturalness is fundamental to welfare, while opponents to the criterion usually take a “subjective” welfare concept, in which welfare consists of the subjective experience of life by the animal. I argue that as natural functioning is neither necessary nor sufficient for understanding welfare, we should move away from the natural behavior criterion to an alternative such as behavioral preferences or enjoyment. This will have effects in the way we understand and measure welfare, and particularly in how we provide for the welfare of animals in a captive setting. (shrink)

One of the biggest ethical issues in animal agriculture is that of the welfare of animals at the end of their lives, during the process of slaughter. Much work in animal welfare science is focussed on finding humane ways to transport and slaughter animals, to minimise the harm done during this process. In this paper, we take a philosophical look at what it means to perform slaughter humanely, beyond simply reducing pain and suffering during the slaughter process. In particular, we (...) will examine the issue of the harms of deprivation inflicted in ending life prematurely, as well as shape of life concerns and the ethical implications of inflicting these harms at the end of life, without the potential for future offsetting through positive experiences. We will argue that though these considerations may mean that no slaughter is in a deep sense truly ‘humane’, this should not undermine the importance of further research and development to ensure that while the practice continues, animal welfare harms are minimised as far as possible. (shrink)

This paper addresses the biosemiotic dimensions of human relationship with captive animals and aims to uncover how these factors influence handling practices and human-animal interactions within zoological gardens. Zoological gardens are quintessential hybrid environments, and as such, they are places of interspecies interactions and mutual influences. These interactions are profoundly shaped by human attitudes towards animals. The roots of these attitudes can be found at the cultural and institutional levels as well as at the biosemiotic level. Previous studies have suggested (...) that keepers’ attitudes towards animals have direct influences on their handling style and, consequently, have an impact on animals’ perception of keepers and other humans. This suggests that the type of relationship between keepers and animals can translate into handling styles that may affect animals’ perceptions of humans and worsen or improve their welfare. In this paper, we present a case study involving chimpanzees’ keepers at the Tallinn Zoological Gardens. A series of interviews were conducted, which aimed to uncover the way keepers understand their relationships with captive animals and how this influences handling. This work offers a comparative approach by bringing forward the experiences of keepers who work with various animal species belonging to different taxa and class. Such an approach aims to highlight the biosemiotic factors behind the emergence of different types of keeper-animal relationships. We expect to uncover whether extremely different Umwelten may shape human-animal bonds. By highlighting the agency of animals in daily activities and work routine, we also aim to initiate a discussion on the way animals influence handling practices within zoological gardens. Our objective is to understand how individual animals influence handling practices within zoological gardens. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

Conducting research on animals is supposed to be valuable because it provides information on how human mechanisms work. But for the use of animal models to be ethically justified, it must be epistemically justified. The inference from an observation about an animal model to a conclusion about humans must be warranted for the use of animals to be moral. When researchers infer from animals to humans, it’s an extrapolation. Often non-human primates are used as animal models in laboratory behavioral research. (...) The target populations are humans and other non-human primates. I argue that the epistemology of extrapolation renders the use of non-human primates in laboratory behavioral research unreliable. If the model is relevantly similar to the target, then the experimental conditions introduce confounding variables. If the model is not relevantly similar to the target, then the observations of the model cannot be extrapolated to the target. Since using non-human primates in as animal models in laboratory behavioral research is not epistemically justified, using them as animal models in laboratory behavioral research is not ethically justified. (shrink)

Urban animals can benefit from living in cities, but this also makes them vulnerable as they increasingly depend on the advantages of urban life. This article has two aims. First, I provide a detailed analysis of the concept of captivity and explain why it matters to nonhuman animals—because and insofar as many of them have a (non-substitutable) interest in freedom. Second, I defend a surprising implication of the account—pushing the boundaries of the concept while the boundaries of cities and human (...) activities expand. I argue for the existence of the neglected problem of pervasive captivity, of which urban wildlife is an illustration. Many urban animals are confined, controlled and dependent, therefore often captive of expanding urban areas. While I argue that captivity per se is value-neutral, I draw the ethical and policy implications of harmful pervasive captivity. (shrink)

There is a widespread belief that for their own safety and for the protection of wildlife, cats should be permanently kept indoors. Against this view, I argue that cat guardians have a duty to provide their feline companions with outdoor access. The argument is based on a sophisticated hedonistic account of animal well-being that acknowledges that the performance of species-normal ethological behavior is especially pleasurable. Territorial behavior, which requires outdoor access, is a feline-normal ethological behavior, so when a cat is (...) permanently confined to the indoors, her ability to flourish is impaired. Since cat guardians have a duty not to impair the well-being of their cats, the impairment of cat flourishing via confinement signifies a moral failing. Although some cats assume significant risks and sometimes kill wild animals when roaming outdoors, these important considerations do not imply that all cats should be deprived of the opportunity to access the outdoors. Indeed, they do not, by themselves, imply that any cat should be permanently kept indoors. (shrink)

Dressing up animals in ridiculous costumes, shaming dogs on the internet, playing Big Buck Hunter at the local tavern, feeding vegan food to cats, and producing and consuming “knockout” animals, what, if anything, do these acts have in common? In this article, I develop two respect-based arguments that explain how these acts are morally problematic, even though they might not always, if ever, affect the experiential welfare of animals. While these acts are not ordinary wrongs, they are animal dignitary wrongs.

:Human and animal research both operate within established standards. In the United States, criticism of the human research environment and recorded abuses of human research subjects served as the impetus for the establishment of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, and the resulting Belmont Report. The Belmont Report established key ethical principles to which human research should adhere: respect for autonomy, obligations to beneficence and justice, and special protections for vulnerable individuals and (...) populations. While current guidelines appropriately aim to protect the individual interests of human participants in research, no similar, comprehensive, and principled effort has addressed the use of animals in research. Although published policies regarding animal research provide relevant regulatory guidance, the lack of a fundamental effort to explore the ethical issues and principles that should guide decisions about the potential use of animals in research has led to unclear and disparate policies. Here, we explore how the ethical principles outlined in the Belmont Report could be applied consistently to animals. We describe how concepts such as respect for autonomy and obligations to beneficence and justice could be applied to animals, as well as how animals are entitled to special protections as a result of their vulnerability. (shrink)

Abbate argues that, under certain conditions, cat guardians have a moral duty to allow their feline companions to roam freely outdoors. She contends that outdoor access is crucial to feline flourishing, which means that, in general, to keep cats indoors permanently is to harm them. She grants that, in principle, we could justify preventing cats from roaming based on the fact that some cats kill wildlife. However, she points out that not all cats are guilty of this charge, and she (...) argues that, in any case, cats do not cause more harm to wildlife—and may actually cause less—than those animals would suffer anyway. I criticize both of these replies, arguing that cat guardians have a responsibility not to let their cats harm wildlife; that cat guardians usually do not know whether their cats kill wildlife; and that, on balance, cat caused harms to wildlife may well outweigh the harms that cats suffer when confined. (shrink)

C. E. Abbate (2019) argues that, under certain conditions, cat guardians have a moral duty to allow their feline companions to roam freely outdoors. She contends that outdoor access is crucial to feline flourishing, which means that, in general, to keep cats indoors permanently is to harm them. She grants that, in principle, we could justify preventing cats from roaming based on the fact that some cats kill wildlife. However, she points out that not all cats are guilty of this (...) charge, and she argues that, in any case, cats don’t cause more harm to wildlife—and may actually cause less—than those animals would suffer anyway. I criticize both of these replies, arguing that cat guardians have a responsibility not to let their cats harm wildlife, that cat guardians usually don’t know whether their cats kill wildlife, and that, on balance, cat-caused harms to wildlife may well outweigh the harms that cats suffer when confined. (shrink)

This essay explores three issues in respect for autonomy that pose unfinished business for the concept. By this, I mean that the dialogue over them is ongoing and essentially unresolved. These are: whether we ought to respect persons or their autonomous choices; the role of relational autonomy; and whether nonhuman animals can be autonomous. In attending to this particular set of unfinished business, I highlight some critical moral work left aside by the concept of respect for autonomy as understood in (...) Beauchamp and Childress’ Principles of Biomedical Ethics. Specifically, while significant pragmatic traction is gained by the authors’ focus on autonomous choice, carving such a focus out from the broader questions of moral respect and the autonomy of the person leaves aside a number of questions that we might have thought a view about respect for autonomy in biomedicine ought to answer. These include: How should physicians respond when autonomous patients make decisions that appear nonautonomous? What is the impact of the view that autonomy is “relational” for cross-cultural differences in how autonomy is respected? If chimpanzees can be autonomous, what does that mean for how they should be treated? (shrink)

In this paper, I aim to show that agency-based accounts of moral status are more plausible than many have previously thought. I do this by developing a novel account of moral status that takes agency, understood as the capacity for intentional action, to be the necessary and sufficient condition for the possession of moral status. This account also suggests that the capacities required for sentience entail the possession of agency, and the capacities required for agency, entail the possession of sentience. (...) Thus on this account sentient beings possess agency and agents possess sentience. If this is correct, it will show that an Agency Account of moral status can offer a plausible defence of the moral status of all sentient beings, something that previous Agency Accounts have not succeeded in doing. What is more, this account could establish that all sentient animals are not just moral status holders per se, but that they are owed pro tanto obligations regarding continued existence and liberty, similar in kind, though not always in strength, to those owed to humans. (shrink)

Mather (2019) has brought together the current empirical research in support of the claim that octopuses possess minds; and the weight of the evidence does appear to support octopus sentience. Being sentient means an organism has welfare concerns, a subjective experience of life that can go well or poorly. Protecting welfare requires knowing what conditions will have a positive or negative impact. Understanding what is in the mind of an octopus will give us valuable insight into what is good for (...) an octopus. (shrink)

Marino & Merskin (2019) demonstrate that sheep are more cognitively complex than typically thought. We should be cautious in interpreting the implications of these results for welfare considerations to avoid perpetuating mistaken beliefs about the moral value of intelligence as opposed to sentience. There are, however, still important ways in which this work can help improve sheeps’ lives.

The performance of natural behavior is commonly used as a criterion in the determination of animal welfare. This is still true, despite many authors having demonstrated that it is not a necessary component of welfare –some natural behaviors may decrease welfare, while some unnatural behaviors increase it. Here I analyze why this idea persists, and what effects it may have. I argue that the disagreement underlying this debate on natural behavior is not one about which conditions affect welfare, but a (...) deeper conceptual disagreement about what the state of welfare actually consists of. Those advocating natural behavior typically take a “teleological” view of welfare, in which naturalness is fundamental to welfare, while opponents to the criterion usually take a “subjective” welfare concept, in which welfare consists of the subjective experience of life by the animal. I argue that as natural functioning is neither necessary nor sufficient for understanding welfare, we should move away from the natural behavior criterion to an alternative such as behavioral preferences or enjoyment. This will have effects in the way we understand and measure welfare, and particularly in how we provide for the welfare of animals in a captive setting. (shrink)

The size of animal exhibits has important effects on their lives and welfare. However, most references to exhibit size only consider floor space and height dimensions, without considering the space afforded by usable features within the exhibit. In this paper, we develop two possible methods for measuring the usable space of zoo exhibits and apply these to a sample exhibit. Having a metric for usable space in place will provide a better reflection of the quality of different exhibits, and enhance (...) comparisons between exhibits. (shrink)

The article addresses the topic of great ape–keeper tactile communication. The aim of this paper is to understand whether direct physical contact can be considered a source of enrichment for captive apes and whether it could be used to enhance animal welfare in zoos. We make use of a multispecies perspective provided by umwelt theory in an attempt to determine the role of touch in zoological gardens. By referring to Konrad Lorenz, we describe keeper–animal relationships as a special case of (...) companionship, highlighting the role of keepers in apes’ social behaviour. The paper considers social touch as the primary means used by social animals to create and maintain increasingly complex relationships. Since tactile communication in interspecific contexts has been underestimated previously, our theoretical framework allows for a better understanding of physical contact in zoological gardens without assuming an anthropocentric point of view. Our hypothesis is that physical contact with keepers may provide enriching opportunities for social animals and help strengthen the bond between animals and their keepers. We emphasize that ape–animal interactions in zoos need to involve keeper–animal physical contact as a possible means for enhancing the apes’ welfare. (shrink)

The argument for vegetarianism from overlapping species goes like this. Every individual who is the subject of a life has a right to life. Some humans—e.g., the severely congenitally cognitively limited—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. Severely congenitally cognitively limited humans have a right to life. Some animals—e.g., all mammals—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. We ought to treat like cases alike. The cases of (...) some humans are like the cases of some animals. Therefore, some animals have a right to life. -/- The argument seems not to have moved many people to change their diets. The reason, I suggest, is not because the argument is unsound but because our ability to change our dietary practices is difficult and we lack the imaginative resources to see the world from a nonhuman perspective. -/- I suggest that creative artists are of great value here, and I provide an example by referring to the work of the American novelist, Cormac McCarthy. (shrink)

Commentary on Shawn Thompson's "Supporting Ape Rights". My response to Wise’s and Thompson’s strategy is two-fold: 1) personhood is neither strictly deter-mined by cognitive facts nor fruitfully construed in Kantian terms, and 2) personhood is not what matters when it comes to animal protection. To conclude, 3) I hint at an alternative, or complementary, avenue for change.

Suppose that animals have rights. If so, may you go down to your local farm store, buy some chicks, raise them in your backyard, and eat their eggs? You wouldn't think so. But we argue, to the contrary, that you may. Just as there are circumstances in which it's permissible to liberate a slave, even if that means paying into a corrupt system, so there are circumstances in which it's permissible to liberate chickens by buying them. Moreover, we contend that (...) restrictions on freedom of movement can be appropriate for chickens, but not humans, because of the obvious differences between the interests of healthy, adult humans versus those of chickens who have been bred for human use. We also argue that egg consumption is permissible based on the plausible assumption that no one's rights are violated in their consumption, and so while there may sometimes be morally preferable uses for eggs, you do nothing unjust in eating them. If we're right, then the rights view doesn't imply that veganism is obligatory; rather, it implies that the constraints on how we source animal products, though highly demanding, are not so demanding that they can't be met. (shrink)

Although telos has been important in farm animal ethics for several decades, clearer understanding of it may be gained from the close reading of Aristotle’s primary texts on animals. Aristotle observed and classified animals informally in daily life and through planned evidence gathering and collection development. During this work he theorized his concept of telos, which includes species flourishing and a good life, and drew on extensive and detailed assessments of animal physiology, diet and behaviour. Aristotle believed that animals, like (...) humans, have purpose, and that telos is natural and unchanging. Moreover, he greatly valued the economic, political and defence contributions of farmers to their communities. In his stockperson ethics, animals are ordered to rational human purposes through husbandry, and good practice is established and shared by experience, habituation and training. Aristotle provides a useful and demanding framework for farm animal ethics that goes well beyond negative theories of welfare as freedom from harms. (shrink)

Tom Regan encapsulated his principle of harm as a prima facie direct duty not to harm experiencing subjects of a life. However, his consideration of harm as deprivation, one example of which is loss of freedom, can easily be interpreted as a harm, which may not be experienced by its subject. This creates a gap between Regan’s criterion for moral status and his account of what our duties are. However, in comparison with three basic paradigms of welfare known in nonhuman (...) animal welfare science, Regan’s understanding coheres with a modified version of a feelings-based paradigm: not only the immediate feelings of satisfaction, but also future opportunities to have such feelings, must be taken into account. Such an interpretation is compatible with Regan’s understanding of harm as deprivation. The potential source of confusion, however, lies in Regan’s own possible argumentative mistakes. (shrink)

Firstly, this chapter offers a historical analysis of the animal welfare and animal protection legislation in Brazil. Although the Brazilian Constitution brings an important rule which determines the duty of public power to protect animals against cruelty, this is usually interpreted in the sense of conferring just an indirect protection to animals, i.e., as a way of promoting the dignity of human existence. This opens a dangerous window to practices that explore animals as things and property. The authors then argue (...) for a different, yet plausible, interpretation of that Constitutional rule: it is possible to claim that, according to the Brazilian Constitution, animals are not mere things, they are subjects of right, and entitled to freedom from cruelty. Finally, they examine bills in the Brazilian Legislative that aim to change the status of animals. (shrink)

There is broad agreement that humans can be wronged independently of their incurring any harm, that is, when their welfare is not affected. Examples include unnoticed infringements of privacy, ridiculing unaware individuals, or disregarding individuals’ autonomous decision-making in their best interest. However, it is less clear whether the same is true of animals—that is, whether moral agents can wrong animals in situations that do not involve any harm to the animals concerned. In order to answer this question, I concentrate on (...) the illustrative case of treating animals in a demeaning yet harmless way that would be disrespectful if humans were concerned. I discuss whether such actions are permissible or unjustifiably discriminatory from a moral point of view. I conclude that moral agents cannot directly wrong animals without harming them and thus do not owe it to a particular animal to refrain from such actions. However, if the actions increase the likelihood that animal abuse will occur, this presents a strong indirect reason against performing them. Thus, the reasons for refraining from such actions are merely indirect rather than direct. (shrink)

Do both the zoo and the mental hospital induce psychosis, as humans are treated as animals and animals are treated as humans? How have we looked at animals in the past, and how do we look at them today? How have zoos presented themselves, and their purpose, over time? In response to the emergence of environmental and animal studies, anthropologists, sociologists, philosophers, theorists, literature scholars, and historians around the world have begun to explore the significance of zoological parks, past and (...) present. Zoo Studies considers the modern zoo from a range of approaches and disciplines, united in a desire to blur the boundaries between human and nonhuman animals. The volume begins with an account of the first modern mental hospital, La Salpêtrière, established in 1656, and the first panoptical zoo, the menagerie at Versailles, created in 1662 by the same royal architect; the final chapter presents a choreographic performance that imagines the Toronto Zoo as a place where the human body can be inspired by animal bodies. From beginning to end, through interdisciplinary collaboration, this volume decentres the human subject and offers alternative ways of thinking about zoos and their inhabitants. This collection immerses readers in the lives of animals and their experiences of captivity and asks us to reflect on our own assumptions about both humans and animals. An original and groundbreaking work, Zoo Studies will change the way readers see nonhuman animals and themselves. (shrink)