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)

The fable of the Emperor's New Clothes is a classic example of a conspiracy of silence, a situation where everyone refuses to acknowledge an obvious truth. But the denial of social realities--whether incest, alcoholism, corruption, or even genocide--is no fairy tale. In The Elephant in the Room, Eviatar Zerubavel sheds new light on the social and political underpinnings of silence and denial--the keeping of "open secrets." The author shows that conspiracies of silence exist at every level of society, ranging (...) from small groups to large corporations, from personal friendships to politics. Drawing on examples from newspapers and comedy shows to novels, children's stories, and film, the book travels back and forth across different levels of social life, and from everyday moments to large-scale historical events. At its core, The Elephant in the Room helps us understand why we ignore truths that are known to all of us. Zerubavel shows how such conspiracies evolve, illuminating the social pressures that cause people to deny what is right before their eyes. We see how each conspirator's denial is symbiotically complemented by the others', and we learn that silence is usually more intense when there are more people conspiring--and especially when there are significant power differences among them. He concludes by showing that the longer we ignore "elephants," the larger they loom in our minds, as each avoidance triggers an even greater spiral of denial. Social life in families, organizations, communities and even entire nations is full of situations where the emperor has no clothes. The Elephant in the Room illuminates the dynamics behind these situations, revealing why we ignore obvious and alarming realities. (shrink)

This paper responds to Kelly Oliver's “See Topsy ‘Ride the Lightning’: The Scopic Machinery of Death” by questioning the presuppositions and implications of her discussion of the spectacle of elephant executions and their relation to Derrida's writings about animals and the death penalty. This paper proposes to reframe the approach to Derrida's reflections on the death penalty and its problematic relation to the category of the human by focusing on the double function of the concept of the scaffold in (...) his writings. Rather than looking at it as a spectacle or as an object for visual studies, I show that the scaffold is a paradoxical concept and has a double (and duplicitous) function in the conceptual founding of human law and human rights, as it is both the architectonic philosophical principle of the rational executive function of the law and the name for the purely mechanical technological machine that carries out the death penalty. In either case, however, the scaffold serves as a nonhuman prosthetic without which the concept of a just and humane and properly “human” law is shown to be untenable. (shrink)

The fate of the half a million or so free-ranging elephants in Africa depends on the choices people will make. What ‘moral standing’ do elephants deserve, and thus what constraints should we impose on our behaviour towards them? To assess the state of our knowledge about ethics and elephants is no easy affair. Different views on the moral standing of elephants and thus the obligations humans owe elephants, are not really a matter of scientific knowledge, although such knowledge might deeply (...) influence our chosen ethics. At stake are human value choices that are developed through argument and discussion into ethical positions that suggest, prescribe, or legislate acceptable behaviour, and proscribe or discourage unacceptable treatment of elephants. The point of this assessment is thus to determine which ethical positions have been developed on various matters concerning the management of elephants and have been justified through reasoning. This chapter portrays the different ethical views relevant to the management of elephants that are present in some or other form in the public domain. The aim is to make readers aware of the multiplicity of ethical issues involved in elephant management, as seen from a variety of ethical viewpoints. The complexity of the benefits and harm that accompany different management options will be clarified. The chapter is divided into five sections: (1) our human responsibility towards elephants, (2) the accountability of elephant custodians, (3) the moral standing of elephants, (4) ethical theories, and (5) ethics and management options. (shrink)

African (Bantu) philosophy conceptualizes morality through ubuntu, which emphasizes the role of community in producing moral agents. This community is characterized by practices that respond to and value interdependence, such as care, cooperation, and respect for elders and ancestral knowledge. While there have been attributions of morality to nonhuman animals in the interdisciplinary animal morality debate, this debate has focused on Western concepts. We argue that the ubuntu conception of morality as a communal practice applies to some nonhuman animals. African (...) elephant communities are highly cooperative and structured around elders; they alloparent, protect their communities, mourn their dead, and pass on cultural knowledge between generations. Identifying these as important moral practices, ubuntu provides a theoretical framework to expand our ethical concern for elephants to their communities. In practice, this will deepen our understanding of the wrongness of atrocities like culling for population management or trophy hunting. (shrink)

Many philosophers and scientists rightly take hallucinations to be phenomena that challenge in a most pressing way our theories of perception and cognition, and epistemology in general. However, very few challenge the received views on the hallucinatory experience and even fewer critically delve into the subject with both breadth and depth. There are all kinds of problems concerning hallucinations—including conceptual, methodological, and empirical issues—that call for a multilevel analysis and an interdisciplinary approach which in turn provide the detail and scope (...) that the subject demands. In this paper, I present and briefly discuss four interrelated problems: (1) definitions, (2) dependence on perception, (3) two views on hallucinations, and (4) methodology. Neglect or underestimation of these problems, among other things, continue to prevent a proper understanding of the concept and the corresponding experience, giving rise to misconceptions and even plain myths on the subject. Hallucinations do occur; but in order to productively investigate them (for whatever end), we first need to get clear on the concept and develop a suitable epistemological framework for their analysis. (shrink)

Culling seems to be a cruel method of human interference in the lives of elephants. The method of culling is generally used to control population numbers of highly developed mammals to protect vegetation and habitat for other less important species. Many people are against human interference in the lives of elephants. In this article aspects of this highly controversial issue are explored. Three fascinating characteristics of this ethical dilemma are discussed in the introductory part, and then the major arguments raised (...) against human interference in the lives of elephants are evaluated. These arguments are the following: First, that nature should be allowed to run its course and establish its own balance; nature will thus solve the problem of elephant overpopulation. The second argument raised by animal-rights activists as well as by animal-welfare groups either claim that animals have rights that humans must respect at all times, or that all sentient beings have interests that humans ought to respect, as those beings can experience pleasure or pain. The third argument often associates culling elephants as method for population control with the commercial use and exploitation of wilderness areas. Many people argue that it is unethical to use wildlife as a sustainable resource for fighting poverty. In conclusion it is stated that despite these arguments human intervention in the lives of elephants are ethically justified. (shrink)

Wallace, Meg The words we use in everyday language are loaded with images and emotion. Words can be used to deliberately manipulate language to 'frame' ideas to fit vested interests. When a term is used often enough in this way, the emotional connotations become part of how people conceive a particular set of facts. George Lakoff explains the politically motivated use of framing in his book 'Don't think of an Elephant'.

Much of what Ruth Faden and colleagues say squarely meshes with the ideas of the U.S. Department of Health and Human Services about reforming the system for protecting research subjects. Having said that, I want to turn to a very different part of the research universe, the elephant in the room, as it were: the world of interventional randomized clinical trials. Under the current regulatory system, these research subjects receive substantial protections. Most importantly, they are generally enrolled only after (...) they give their informed consent. The rationale for this approach is that research subjects are denied the core ethical protection provided to patients: there is no requirement that everything done to them be in their best interests. Faden and colleagues appear to be proposing to eliminate this informed consent requirement for a significant range of such trials. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (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. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

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.

According to conservationism, scarce and precious resources should be conserved and used wisely. According to preservation ethics, we should not think of wilderness as merely a resource. Wilderness commands reverence in a way mere resources do not. Each philosophy, I argue, can fail by its own lights, because trying to put the principles of conservationism or preservationism into institutional practice can have results that are the opposite of what the respective philosophies tell us we ought to be trying to achieve. (...) For example, if the wisest use of South American rainforests is no use at all, then in that case conservationism by its own lights defers to preservationism. Analogously, if, when deprived of the option of preserving elephants as a resource, Africans respond by not preserving elephants at all, then in that case preservationism by its own lights defers to conservationism. (shrink)

Happy the elephant is intelligent, social, and self-aware--and considered a thing in the eye of the law. Led by lawyer Steven M. Wise, the Nonhuman Rights Project has filed cases on behalf of captive nonhuman animals like Happy since 2013, arguing that their autonomy entitles them to certain legal rights. In Thing: Inside the Struggle for Animal Personhood, comic artists Sam Machado and Cynthia Sousa Machado bring together Wise's groundbreaking work and their own illustrations in the first (...) graphic nonfiction book about the animal personhood movement. Beginning with Happy's story and the central ideas behind animal rights, Thing then turns to the scientists that are revolutionizing our understanding of the minds of such nonhuman animals as great apes, elephants, dolphins, and whales. Combining legal and social history, innovative science, and illustrated storytelling, Thing presents a visionary new way of relating to the nonhuman world. (shrink)

Are bacteriophage T4 and the long-nosed elephant fish valuable in their own right? Nicholas Agar defends an affirmative answer to this question by arguing that anything living is intrinsically valuable. This claim challenges received ethical wisdom according to which only human beings are valuable in themselves. The resulting biocentric or life-centered morality forms the platform for an ethic of the environment. -/- Agar builds a bridge between the biological sciences and what he calls "folk" morality to arrive at a (...) workable environmental ethic and a new spectrum--a new hierarchy--of living organisms. The book overturns common-sense moral belief as well as centuries of philosophical speculation on the exclusive moral significance of humans. Spanning several fields, including philosophy of psychology, philosophy of science, and other areas of contemporary analytic philosophy, Agar analyzes and speaks to a wide array of historic and contemporary views, from Aristotle and Kant, to E. O. Wilson, Holmes Rolston II, and Baird Callicot. The result is a challenge to prevailing definitions of value and a call for a scientifically-informed appreciation of nature. (shrink)

"And God said, Let us make man in our image, after our likeness and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth." --Genesis 1:24-26 In this crucial passage from the Old Testament, God grants mankind power over animals. But with this privilege comes the grave responsibility to respect life, to treat animals with (...) simple dignity and compassion. Somewhere along the way, something has gone wrong. In Dominion , we witness the annual convention of Safari Club International, an organization whose wealthier members will pay up to $20,000 to hunt an elephant, a lion or another animal, either abroad or in American "safari ranches," where the animals are fenced in pens. We attend the annual International Whaling Commission conference, where the skewed politics of the whaling industry come to light, and the focus is on developing more lethal, but not more merciful, methods of harvesting "living marine resources." And we visit a gargantuan American "factory farm," where animals are treated as mere product and raised in conditions of mass confinement, bred for passivity and bulk, inseminated and fed with machines, kept in tightly confined stalls for the entirety of their lives, and slaughtered in a way that maximizes profits and minimizes decency. Throughout Dominion , Scully counters the hypocritical arguments that attempt to excuse animal abuse: from those who argue that the Bible's message permits mankind to use animals as it pleases, to the hunter's argument that through hunting animal populations are controlled, to the popular and "scientifically proven" notions that animals cannot feel pain, experience no emotions, and are not conscious of their own lives. The result is eye opening, painful and infuriating, insightful and rewarding. Dominion is a plea for human benevolence and mercy, a scathing attack on those who would dismiss animal activists as mere sentimentalists, and a demand for reform from the government down to the individual. Matthew Scully has created a groundbreaking work, a book of lasting power and importance for all of us. (shrink)