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)

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)

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.

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)

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)

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)

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.

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.

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.

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)

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 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.

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)

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)

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)

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

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. Second, evidence is growing that (...) healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)

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)

Narrative theology, reflection on religious claims embedded in stories, is one of the most significant currents of late twentieth century thought. H. Richard Niebuhr initiated the conversation when he wrote in 1941 of "The Story of Our Lives." If his theme lay undeveloped for several decades, it burst onto the theological scene in the early 1970s. Demurrers followed, and we now recognize the limits of the metaphor" narrative." Still, scholarly interest has not waned. Books and articles keep coming: on narrative (...) in the Bible, narrative and theology, narrative and morality, narrative tradition, narrative practice, even narrative truth. The conversation, it appears, is as lively as ever. And if it has produced lasting contributions, it is because of the quality of the minds it has managed to attract: Paul Ricoeur, Hans Frei, David Tracy, George Lindbeck, Stanley Hauerwas, Julian Hartt, Sallie McFague, Johann Baptist Metz. (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)

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)

With his 1998 book, In Nature’s Interests? Gary Varner proved to be one of our most original and trenchant of environmental ethicists. Here, in the first of a promised two volume set, he makes his mark on another field, animal ethics, leaving an even deeper imprint. Thoroughly grounded in the relevant philosophical and scientific literatures, Varner is as precise in analysis as he is wide-ranging in scope. His writing is clear and rigorous, and he explains philosophical nuances with extraordinary economy (...) of expression. Never one to add an unnecessary clause to a sentence, Varner nonetheless constructs a formidable edifice while always dealing fairly with the authors he criticizes. His explication of the properties and moral status of what he calls near-persons is a crucial addition to the discussion of personhood initiated by Parfit in Reasons and Persons and subsequently applied to animals by McMahan in The Ethics of Killing. The comparison to McMahan is intentional for, to my mind, Varner vies with him as the most important animal ethicist since Singer and Regan. (shrink)

This second edition of Life Science Ethics includes four essays not found in the first edition: -/- Richard Haynes on “Animals in Research” Stephen M. Gardiner on “Climate Change” Christopher Kelty on “Nanotechnology” Gary Comstock on “Genetically Modified Foods” -/- and a revised and expanded version of the chapter on “Farms” in which Stephen Carpenter joins Charles Taliaferro as author. -/- In addition, Part III has been thoroughly revised with the goal of focusing attention on salient examples. Three new case (...) studies have been added: -/- Robert Streiffer and Sara Gavrell Ortiz on “Enviropigs” Donald F. Boesch, et al. on “Coastal Dead Zones” Deb Bennett-Woods on “Nanotechnology and Human Enhancement” -/- The first edition was praised for providing instructors with a stimulating text that will help students hone their critical thinking skills. That text is here enhanced with treatments of critical new issues, including global warming, nanotechnology, and the possibility that bioengineering may be able to change human nature. The new edition includes classroom discussion questions for use in provoking and guiding in-class discussions. Part I introduces ethics, the relationship of religion to ethics, how we assess ethical arguments, and a method ethicists use to reason about ethical theories. Part II demonstrates the relevance of ethical reasoning to the environment, land, farms, food, biotechnology, genetically modified foods, animals in agriculture and research, climate change, and nanotechnology. Part III presents case studies for the topics found in Part II. Two appendices include exercises to help students learn systematic ways of thinking through ethical dilemmas and notes for instructors using the book as a text. (shrink)

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).

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)

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)

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)

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.

A copy of the book is available from my website.

This volume brings together essays by seminal figures and rising stars in the fields of animal ethics and moral theory to analyze and evaluate the moral status of non-human animals, with a special focus on the question of whether or not animals have moral rights. Though wide-ranging in many ways, these fourteen original essays and one reprinted essay direct significant attention to both the main arguments for animal rights and the biggest challenges to animal rights. This volume explores the question (...) of whether or not animals have moral rights through a number of different lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, and utilitarianism. The volume also addresses what are undoubtedly the most serious challenges to the strong animal rights position, which maintains that animals have moral rights equal in strength to the rights of humans, including challenges posed by rights nihilism, the ‘kind’ argument against animal rights, the problem of predation, and the comparative value of lives. In addition, the volume explores the practical import of animal rights both from a social policy standpoint and from the standpoint of personal ethical decisions concerning what to eat and whether or not to hunt animals. Unlike other volumes on animal rights, which focus primarily on the legal rights of animals, and unlike other anthologies on animal ethics, which tend to cover a wide variety of topics but only devote a few articles to each topic, the volume under consideration is focused exclusively on the question of whether or not animals have moral rights and the practical import of such rights. (shrink)

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.

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.