In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

In 1973, Richard Sylvan began his seminal essay, "Do We Need a New, an Environmental Ethic?" with these words: "It is increasingly said that ... Western civilization ... stands in need of a new ethic ... setting out people's relations to the natural environment." In the intervening years, it has increasingly been said that Western civilization is in need of ecocentrism, an ethic according to which a thing's value is derived from its contribution to the integrity, stability, and beauty of (...) ecosystems. Do those interested in agricultural ethics need a new, an ecocentric, ethic? I argue that the answer is no. Agriculturalists must look elsewhere for an adequate ethic setting out our relations to the natural environment. (shrink)

Not long ago, interreligious conversations were regulated by the ideals of truth, goodness, and beauty. We are suspicious of these noble sounding ideals today. In a world of liberation theology, feminist criticism, and the hermeneutics of suspicion, can there be any new, “postmodern,” rules to govern our religious dialogues? Not able to consult any general theory, or “metanarrative,” in order to provide the answer, I simply tell the story of the only postmodern Catholic I have ever known. On the basis (...) of that experience, I argue that something like the old rules will have to accompany us into the new age. (shrink)

Bovine growth hormone is a protein that occurs naturally in cattle. A chain of 190 amino acids, bGH is produced by the pituitary gland and helps to regulate a cow’s lactational cycle; generally speaking and up to a certain point, the more bGH a cow has, the more milk she gives. Using the techniques of genetic engineering, researchers at Monsanto Company have isolated the gene that produces the protein and devised low-cost techniques to manufacture it. Bacteria are placed into fermentation (...) chambers where they multiply rapidly; lab technicians then extract and purify the final product, which is identical to the naturally occurring protein in 189 of the 190 amino acids; and the product is then injected into cows. (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)

Agricultural biotechnology refers to a diverse set of industrial techniques used to produce genetically modified foods. Genetically modified (GM) foods are foods manipulated at the molecular level to enhance their value to farmers and consumers. This book is a collection of essays on the ethical dimensions of ag biotech. The essays were written over a dozen years, beginning in 1988. When I began to reflect on the subject, ag biotech was an exotic, untested, technology. Today, in the first year of (...) the millenium, the vast majority of consumers in the United States have taken a bite of the apple. Milk produced by cows injected with a GM protein called recombinant bovine growth hormone (bGH), is found, unlabelled, on grocery shelves throughout the US. In 1999, half of the soybeans and cotton harvested in the US were GM varieties. Billions of dollars of public and private monies are being invested annually in biotech research, and commercial sales now reach into the tens of billions of dollars each year. Whereas ag biotech once promised to change American agriculture, it now is in the process of doing so. (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.

When Francis Bacon declared his intent to torment and interfere with nature, he probably did not envision sickly experimental hogs with human genes. But the Baconian desire to understand nature and place “her” at our command has entrenched itself in our collective psyche, and the bioengineering epoch has enabled us to impose our desires in ways Bacon could not have imagined. In so doing, have we stepped over the bounds of decency?

Environmental ethics consists of a set of competing theories about whether human actions and attitudes to nature are morally right or wrong. Ecocentrists are holists whose theory locates the primary site of value in biological communities or ecosystems and who tend to regard actions interfering with the progress of an ecosystem toward its mature equilibrium state as prima facie wrong. I suggest that this form of ecocentrism may be built on a questionable scientific foundation, organismic ecology, and that a better (...) scientific foundation for environmental ethics may be found in individualistic neo-Darwinian population biology. However, the latter approach probably requires a corresponding shift away from ethical holism and toward approaches locating value primarily in individuals. I call such environmental ethicists ‘extensionists’ and briefly outline an extensionist environmental ethic. (shrink)

I pulled weeds out of half-mile rows of soybeans on grandma and grandpa’s farm long before I heard of the controversy surrounding herbicide resistance and genetic engineering. Twenty years ago, Gordie, Richard, Greg, and I “walked beans,” not knowing that our fists and scythes were not the only means available to Grandpa for killing weeds. We knew little then about uprooting thistles with tractors and discs or about spraying chemicals onto mustard. We knew only that a cool thermos of lemonade (...) and some stem looks from Mom would motivate our troop into action because every good Iowan hated volunteer corn and sunflower shoots. The hatred stemmed as much from the fact that the weeds made a field “look messy from the highway” as from the fact that they cut down yields; Grandma had aesthetic sensibilities as highly developed as any character in Greg Brown’s song. (shrink)

When I wrote “The Case Against bGH” in the late 1980s, I enjoyed eating meat, enjoyed serving it to my family, and believed one could simultaneously defend traditional family farms and the welfare of animals. Shortly after finishing that article, I read again, and more carefully, Tom Regan’s The Case for Animal Rights. 2 Regan’s arguments challenged my presuppositions.

When social issues involve questions as momentous as global survival, ethicists should do more than analyze arguments and formulate principles. They should help us find stories to put our values into practice. In the essays collected here, I have tried to tell my story in the hope that others might find it instructive.

Agricultural biotechnology refers to a diverse set of industrial techniques used to produce genetically modified foods. Genetically modified foods are foods manipulated at the molecular level to enhance their value to farmers and consumers. This book is a collection of essays on the ethical dimensions of ag biotech. The essays were written over a dozen years, beginning in 1988.

I worked for many years constructing my version of the global case but, as I continued to try to strengthen it, I slowly began to lose confidence. My unease began with several personal experiences. One of our children had a common but annoying physical ailment, for which our pediatrician prescribed a very expensive nasal spray. When I inquired about its cost, the pharmacist informed me that it was a new, genetically engineered, product. The spray worked, and Karen and I never (...) batted an eye. (shrink)

Thus the extrinsic argument against ag biotech. In considering whether it is a good argument, I believe we should simply assume that is true. Substantially risky technologies, perhaps by definition, should not be developed. Seeing no reason to contest, therefore, I will focus on.

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

In the voluminous literature on the subject of bovine growth hormone (bGH) we have yet to find an attempt to frame the issue in specifically moral terms or to address systematically its ethical implications. I argue that there are two moral objections to the technology: its treatment of animals, and its dislocating effects on farmers. There are agricultural biotechnologies that deserve funding and support. bGH is not one of them.

Experimenters claim some nonhuman mammals have metacognition. If correct, the results indicate some animal minds are more complex than ordinarily presumed. However, some philosophers argue for a deflationary reading of metacognition experiments, suggesting that the results can be explained in first-order terms. We agree with the deflationary interpretation of the data but we argue that the metacognition research forces the need to recognize a heretofore underappreciated feature in the theory of animal minds, which we call Unity. The disparate mental states (...) of an animal must be unified if deflationary accounts of metacognition are to hold and untoward implications avoided. Furthermore, once Unity is acknowledged, the deflationary interpretation of the experiments reveals an elevated moral standing for the nonhumans in question. (shrink)

Gary Comstock considers whether it is ethically justified to pursue genetically modified (GM) crops and foods. He first considers intrinsic objections to GM crops that allege that the process of making GMOs is objectionable in itself. He argues that there is no justifiable basis for the objections — i.e. GM crops are not intrinsically ethically problematic. He then considers extrinsic objections to GM crops, including objections based on the precautionary principle, which focus on the potential harms that may (...) result from the adoption of GM organisms. He argues that these concerns have some merit. However, they do not justify giving up GM crops altogether. Instead, they require that GM crops be developed carefully and with appropriate oversight. Comstock then presents the positive case for GM crops that he endorses. It is based on three considerations: (i) the right of people to choose to adopt GM technology; (ii) the balance of likely benefits over harms to consumers and the environment from GM technology; and (iii) the wisdom of encouraging discovery, innovation, and careful regulation of GM technology. (shrink)

Crump et al.’s contribution to assessing whether decapods feel pain raises an important question: Is pain distributed unevenly across the order? The case for pain appears stronger in Pleocyemata than in Dendrobranchiata. Some studies report pain avoidance behaviors in Dendrobranchiata (Penaeidae) shrimp, but further studies are needed to determine whether the chemicals used are acting as analgesics to relieve pain, or as soporifics to reduce overall alertness. If the latter, the most farmed shrimp species may not require the same level (...) of protection as crabs, crayfish, and lobsters. (shrink)

I argue for the moral relevance of a category of individuals I characterize as far-persons. Following Gary Varner, I distinguish near-persons, animals with a " robust autonoetic consciousness " but lacking an adult human's " biographical sense of self, " from the merely sentient, those animals living "entirely in the present." I note the possibility of a third class. Far-persons lack a biographical sense of self, possess a weak autonoetic consciousness, and are able to travel mentally through time a (...) distance that exceeds the capacities of the merely sentient. Far-persons are conscious of and exercise control over short-term cognitive states, states limited by their temporal duration. The animals in question, human and nonhuman, consciously choose among various strategies available to them to achieve their ends, making them subjects of what I call "lyrical experience:" brief and potentially intense pleasures and pains. But their ends expire minute-by-minute, not stretching beyond, I say metaphorically, the present hour. I conclude by discussing the moral status of far-persons. (shrink)

We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the error.

Should we continue to support publicly funded research on genetically engineered herbicide resistant crops? In Part One, I discussed the difference between science and ethics, presented a brief history of weed control, and explained three moral principles undergirding my environmentalist perspective. I then argued that unqualified endorsement (E) of the research is unjustified, as is unqualified opposition (O). In Part Two, I argue against qualified endorsement (QE), and for qualified opposition (QO).

A properly programmed artificially intelligent agent may eventually have one duty, the duty to satisfice expected welfare. We explain this claim and defend it against objections.

How should universities help their life science faculty members to integrate discussions of ethics into their courses? The Iowa State University Model Bio-ethics Institutes offer one model.

Should people include beef in their diet? This chapter argues that the answer is “no” by reviewing what is known and not known about the presence in cattle of three psychological traits: pain, desire, and self-consciousness. On the basis of behavioral and neuroanatomical evidence, the chapter argues that cattle are sentient beings who have things they want to do in the proximal future, but they are not self-conscious. The piece rebuts three important objections: that cattle have injury information but not (...) pain; that cattle have goal-directed behavior but not desire; and that the absence of evidence for bovine self-consciousness should not be taken as evidence that cattle lack self-consciousness. In sum, what is known about cattle cognition shifts the moral burden of proof on to the beef eaters. (shrink)

Recent advances in molecular genetics, plant physiology, and biochemistry have opened up the new biotechnology of herbicide resistant crops (HRCs). Herbicide resistant crops have been characterized as the solution for many environmental problems associated with modern crop production, being described as powerful tools for farmers that may increase production options. We are concerned that these releases are occurring in the absence of forethought about their impact on agroecosystems, the broader landscape, and the rural and urban economies and cultures. Many of (...) the benefits and risks associated with HRCs are not apparent to either the public, farmers, policy makers, or the scientific community. HRC technology raises moral issues in three areas: our duties toward the natural environment; our political and economic responsibilities to each other; and our communal character as one generation among many. We also need a rational basis on which to make evaluations of this new biotechnology. The technical aspects of their release require a logical guide to the ecological, environmental, and biological effects the release might have in sustainable agroecosystems. The initial step should include an assessment of the intrinsic qualities of the crop, the herbicide, and the resistance mechanisms. The second step should include an assessment of effects associated with population ecology, population genetics, environmental degradation, consumer health, and farm economic viability due to the resistant crop-herbicide pair. Herbicides have been used in crop production for nearly a half a century. There has been a tremendous increase in the use of these chemicals in that time. Society has seen the use of these chemicals not only help to feed many people, but also to bring costs not anticipated before the introduction of the chemicals. We need to draw on that long history of use and learn the lessons it can provide us as we approach the introduction and commercialization of the next generation of weed control technology, herbicide resistant crops. We also need to reflect on the lessons we missed during that half century because we spend more time imagining the possible benefits that would come from the technology than scrutinizing the possible harm. (shrink)

Of the theologians and philosophers now writing on biblical narrative, Hans Frei and Paul Ricoeur are probably the most prominent. It is significant that their views converge on important issues. Both are uncomfortable with hermeneutic theories that convert the text into an abstract philosophical system, an ideal typological structure, or a mere occasion for existential decision. Frei and Ricoeur seem knit together in a common enterprise; they appear to be building a single narrative theology. I argue that the appearance of (...) symmetry is an illusion. There is a fundamental conflict between the ‘pure narrativism’ of Frei and the ‘impure narrativism’ of Ricoeur. I give reasons for thinking that Ricoeur’s is the stronger position. (shrink)

Sam, your newborn son, has been suffocating in your arms for the past 15 minutes. You’re as certain as you can be that he is going to die in the next 15.

We argue on consequentialist grounds for the transfer of Sandai, an orangutan, to an orangutan sanctuary. First, we show that satisfying his interest in being transferred brings far greater value than the value achieved by keeping him confined. Second, we show that he has the capacities sufficient for personhood. Third, we show that all persons have a right to relative liberty insofar as they have interests they can exercise only under conditions of relative liberty. Fourth, we show that individuals need (...) not be able to assume social obligations and duties in order to be rights holders. -/- Our argument reflects commitments, as we say, to consequentialist reasoning about moral problems. However, we note that influential representatives of the other dominant ethical traditions—the deontological and Aristotelian traditions—reach our conclusion, too. It makes no difference, in this instance, which ethical theory one adopts. Under all of them, Sandai is a person with an interest in relative liberty entitled to habeas corpus protection. (shrink)

Should the law recognize an elephant’s right to be released from solitary confinement? The New York State Court of Appeals—the highest court in the State of New York—will consider this question on May 18. At issue is an Asian elephant named Happy. But happy she is not. Every human being has a right to bodily liberty because they have strong interests that this right protects. Since Happy has the same strong interests, the Court should recognize Happy’s right to be freed (...) from solitary confinement. (shrink)

In this paper I argue for the following six claims: 1) The problem is that some think metacognition and consciousness are dissociable. 2) The solution is not to revive associationist explanations; 3) …nor is the solution to identify metacognition with Carruthers’ gatekeeping mechanism. 4) The solution is to define conscious metacognition; 5) … devise an empirical test for it in humans; and 6) … apply it to animals.

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)

What can neuroscience tell us, if anything, about the capacities of cows to think about the future? The question is important if having the right to a future requires the ability to think about one’s future. To think about one’s future involves the mental state of prospection, in which we direct our attention to things yet to come. I distinguish several kinds of prospection, identify the behavioral markers of future thinking, and survey what is known about the neuroanatomy of future-directed (...) bovine beliefs and desires. I suggest, in conclusion, that instead of asking whether a cow’s prospection is conscious, ask whether it is like ours—with “ours” understood to include all human beings. (shrink)

Let us call the deliberate modification of an individual’s genome to improve it or its progeny intentional genetic enhancement. Governments are almost certain to require that any proposed intentional genetic enhancement of a human (IGEH) be tested first on (what researchers call) animal “models.” Intentional genetic enhancement of animals (IGEA), then, is an ambiguous concept because it could mean one of two very different things: an enhancement made for the sake of the animal’s own welfare, or an enhancement made for (...) the sake of satisfying a human desire. In either case, experimental procedures are likely to entail substantial risks to the experimental animals. What rules should govern IGEA? I criticize the abolitionist conclusions of animal rightists—that no IGEA should be permitted—and I criticize the permissive conclusions of speciesists—that all IGEA should be permitted. Both views are unsatisfying. I suggest instead that current animal welfare law provides a defensible platform on which to begin building ethically justifiable policy in this area. (shrink)

The paper argues that we should not genetically engineer hogs to suit the preferences of farmers and consumers.

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)