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)
I sketch briefly some of the more influential theories concerned with the moral status of nonhuman animals, highlighting their biological/physiological aspects. I then survey the most prominent empirical research on the physiological and cognitive capacities of nonhuman animals, focusing primarily on sentience, but looking also at a few other morally relevant capacities such as self-awareness, memory, and mindreading. Lastly, I discuss two examples of current animal welfare policy, namely, animals used in industrialized food production and in scientific research. I argue (...) that even the most progressive current welfare policies lag behind, are ignorant of, or arbitrarily disregard the science on sentience and cognition. (shrink)
We argue that the recommendations made by the Institute of Medicine’s 2011 report, Chimpanzees in Biomedical and Behavioral Research : Assessing the Necessity, are methodologically and ethically confused. We argue that a proper understanding of evolution and complexity theory in terms of the science and ethics of using chimpanzees in biomedical research would have had led the committee to recommend not merely limiting but eliminating the use of chimpanzees in biomedical research. Specifically, we argue that a proper understanding of the (...) difference between the gross level of examination of species and examinations on finer levels can shed light on important methodological and ethical inconsistencies leading to ignorance of potentially unethical practices and policies regarding the use of animals in scientific research. (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.
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 this paper, we draw inferences from the Nobel laureate Amartya Sen’s book, The Idea of Justice to inform the organisational justice literature. The extant societal-level theories of justice tend to emphasise aspects that are analogous to either the procedural or distributive dimensions of organisational justice. The Senian idea of comprehensive justice is different in that it synthesises the procedural- and distributive-related dimensions at the societal-level. We theorise that the Senian notion could be applied at the organisational-level to facilitate outcomes (...) that are actually valued by the workforce. Further, we contend that the emphasis on non-parochialism in the Senian notion of justice makes it particularly relevant to the ethics of multi-national corporations operating in alien cultures. To support our contention, we analyse the lean manufacturing practices of a Japanese MNC operating in India. Our case analysis demonstrates how Senian thinking helps one surface unjust outcomes that would otherwise go unacknowledged. Our analysis also offers tentative support to Senian claims about the capacity of human behaviour to undermine well-designed institutions. Concurring with the Senian view, which favours combating manifest injustice rather than fixating over designing perfectly just institutions, we derive some normative implications to advance the cause of striving for outcomes that are actually valued by the workforce. (shrink)
In this paper, we draw inferences from the Nobel laureate Amartya Sen’s book, The Idea of Justice to inform the organisational justice literature. The extant societal-level theories of justice tend to emphasise aspects that are analogous to either the procedural or distributive dimensions of organisational justice. The Senian idea of comprehensive justice is different in that it synthesises the procedural- and distributive-related dimensions at the societal-level. We theorise that the Senian notion could be applied at the organisational-level to facilitate outcomes (...) that are actually valued by the workforce. Further, we contend that the emphasis on non-parochialism in the Senian notion of justice makes it particularly relevant to the ethics of multi-national corporations operating in alien cultures. To support our contention, we analyse the lean manufacturing practices of a Japanese MNC operating in India. Our case analysis demonstrates how Senian thinking helps one surface unjust outcomes that would otherwise go unacknowledged. Our analysis also offers tentative support to Senian claims about the capacity of human behaviour to undermine well-designed institutions. Concurring with the Senian view, which favours combating manifest injustice rather than fixating over designing perfectly just institutions, we derive some normative implications to advance the cause of striving for outcomes that are actually valued by the workforce. (shrink)
We propose to understand the global financial crisis of 2008 as an historical event marked by public decisions, economic evaluations and ratings, and business practices driven by a sense of subjugation to powerful others, uncritical conformity to serendipitous rules, and a levelling down of all meaningful differences. The crisis has also revealed two important things: that the free-market economy has inherent problems highlighting the limits of business, and, consequently, that the business organisation is not as strong as is usually assumed. (...) We reconstruct some of the most dramatic events of that time by using the narratives of two former Lehman Brothers insiders. We then provide an interpretation of that world by using Heidegger’s notions of being and care. Our investigation uncovers persistent inauthentic relationships nourished by the public structure of the financial market, which, drawing on Heidegger, we call the they. In the financial market the what of the world becomes more important than authentic being and self. But a hitch-free switch to authenticity becomes possible through anxiety and the call of conscience. (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)
Moving back and forth between the history of philosophy and the contributions of philosophers in his own day, Durkheim takes up topics as diverse as philosophical psychology, logic, ethics, and metaphysics, and seeks to articulate a unified philosophical position. Remarkably, in these lectures, given more than a decade before the publication of his groundbreaking book, The Division of Labour in Society, the 'social realism' that is so characteristic of his later work - where he insists, famously, that social facts cannot (...) be reduced to psychological or economic ones, and that such facts constrain human action in important ways - is totally absent in these early lectures. For this reason, they will be of special interest to students of the history of the social sciences, for they shed important light on the course of Durkheim's intellectual development. (shrink)
Offering a critique of the subjective idealism that lies at the centre of Toomer's oeuvre through the lens of Lukac's theory of reification, Robert B. Jones frames his analysis in terms of Kierkegaard's stages of development - the aesthetic, the ethical, and the religious.
In his classic study _Learning Arabic in Renaissance Europe_ ’, Robert Jones explores the practical and intellectual challenges faced by scholars of Arabic, especially of Arabic grammar, from Pedro de Alcalá to Guillaume Postel, Giovan Battista Raimondi and Thomas Erpenius.
In Liberalism's Troubled Search for Equality, Robert P. Jones asks why these concerns were dismissed by liberal philosophers and argues that this contradiction exposes a blind spot within liberal political theory.
Spanning more than fifty years of contemporary thought, this collection of essays and reviews by one of the century's most distinguished philosophical critics represents an intellectual odyssey that will reward readers with a creative and penetrating gloss on the major scholarly, political, and literary topics of the era.
The role of corporate counsel in the corporate governance process has been long overlooked. This paper uses recent comments by Breeden as the springboard for a discussion of the issues surrounding significant roles for lawyers in corporations. It considers these both from a practical and a theoretical perspective and identifies why it is problematic merely to assume hiring lawyers will ensure good compliance both in terms of legal and ethical obligations.
How do we go about understanding the "classic texts" of sociological theory? This paper begins by reviewing the historicist position of Jones, with its foundations in the work of Quentin Skinner and other historians of political theory. This position then is criticized from the standpoint of the neo-Deweyan pragmatism of Richard Rorty. Specifically, Rorty's pragmatism encourages us to revise Skinner's and Jones's historicism on three specific points: the acceptance of treatments of classical texts that are undeniably anachronistic but nonetheless unobjectionable; (...) the restriction of Skinner's notion of an agent's "privileged access" to his or her intentions; and the adoption of a view of the history of sociological theory as a succession of vocabularies-a view that encourages a new kind of dialogue between historians of sociological theory and theorists themselves. The last point is articulated in a concrete example of the interpretation of one of Durkheim's most characteristic arguments. The conclusion again stresses the benefits to be derived from viewing sociological theory-both past and present-from this pragmatist perspective. (shrink)
Beauty is one of the most important and intriguing ideas in eighteenth-century culture. The concept of beauty was central to debates about art, culture and taste, and was invoked, in various and contradictory ways, to determine acceptable behavior for women. Robert W. Jones traces changing concepts of beauty in the eighteenth century through a wide range of material, including philosophical texts by William Hogarth and Edmund Burke, novels by Charlotte Lennox and Sarah Scott, and representations of the celebrated beauty Elizabeth (...) Gunning. (shrink)