Abstract

The claim that animals, as well as people, ‘have rights’ may often mean only that their interests ought to be given some moral weight: they should not be treated ‘cruelly’ or ‘inconsiderately’. The more demanding claim may also be made that animals should not be subjected to simple-mindedly utilitarian calculation: their choices, their liberty, should sometimes be respected even if this prevents the realization of some notionally ‘greater good’. Finally, talk of rights may have a clearly political context: if, and only if, animals have rights, governments are entitled to legislate on how they should be treated. If they do not, then any laws on the subject are merely moralistic, and such as to be regretted by any sincere liberal. It is this last doctrine that I shall be investigating in this paper, with particular attention to the writings of Regan and McCloskey. Only in this context, so it seems to me, does much hang upon the question of whether animals ‘really’ have rights: for those outside the liberal, or libertarian, tradition it is enough to know that we ought not to disregard the suffering of our fellow-creatures, nor treat it merely ‘aggregatively’.