David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Southern African Public Law 25 (2):301-311 (2010)
I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Thaddeus Metz (2012). An African Theory of Moral Status: A Relational Alternative to Individualism and Holism. Ethical Theory and Moral Practice 15 (3):387-402.
Similar books and articles
Joel Marks (2010). Live Free or Die. [REVIEW] Animal Law 17 (1):243-250.
Kay Peggs (2012). Animals and Sociology. Palgrave Macmillan.
David DeGrazia (2002). Animal Rights: A Very Short Introduction. Oxford University Press.
David Sztybel (2001). Animal Rights: Autonomy and Redundancy. [REVIEW] Journal of Agricultural and Environmental Ethics 14 (3):259-273.
Mark Rowlands (2009). Animal Rights: Moral Theory and Practice. Palgrave Macmillan.
Cary Wolfe (2013). Before the Law: Humans and Other Animals in a Biopolitical Frame. The University of Chicago Press.
David E. W. Fenner (1998). Animal Rights and the Problem of Proximity. International Journal of Applied Philosophy 12 (1):51-61.
Tom L. Beauchamp (1997). Opposing Views on Animal Experimentation: Do Animals Have Rights? Ethics and Behavior 7 (2):113 – 121.
Mitra Ebadolahi, Using Structural Interdicts and the South African Human Rights Commission to Achieve Judicial Enforcement of Economic and Social Rights in South Africa.
Kelly Oliver (2010). Animal Ethics: Toward an Ethics of Responsiveness. Research in Phenomenology 40 (2):267-280.
Tom Regan (1997). The Rights of Humans and Other Animals. Ethics and Behavior 7 (2):103 – 111.
H. J. McCloskey (1979). Moral Rights and Animals. Inquiry 22 (1-4):23 – 54.
Added to index2011-05-25
Total downloads21 ( #135,238 of 1,725,870 )
Recent downloads (6 months)1 ( #348,700 of 1,725,870 )
How can I increase my downloads?