The Tom Regan Week: On Violence, The Culture & Animals Foundation, and on Sentience, Self-Awareness and the Right to Life.

[Carolyn Bailey]

Tom Regan on Violence, The Culture & Animals Foundation, and on Sentience, Self-Awareness and the Right to Life.

 

In your speech in support of the Bill of Rights for other animals at the Royal Institute of Great Britain in 1989, which I regard as one of the best speeches I’ve ever heard, you characterise the perception many in the general public have as one of animal advocates standing against justice and for violence. As you went on to articulate in this same speech, the opposite is true: The philosophy of animal rights does, in fact, stand for peace and against violence. What is your opinion in regard to those who believe it may be possible to end the violence inflicted on other animals by employing violence against humans or their property?

Professor Tom Regan:

Thanks for your kind words about my talk. It’s hard to remember being as young as I was when I gave it.  Obviously, questions relating to violence are complicated. One question asks what violence is; a second asks whether it can ever be justified. I’ll address both questions here excerpting from Chapter 11 of Empty Cages as well as from my contribution to Terrorists or Freedom Fighters: Reflections on the Liberation of Animals, edited by Steve Best and Anthony Nocella II.

What ‘violence’ means  

Some ARAs think violence is restricted to causing physical harm to a sentient being, human or otherwise.  I personally disagree with ARAs who think this way, and I don’t think I am alone. Ask any English speaking member of the general public whether fire-bombing an empty synagogue involves violence. Ask any lawyer whether arson is a violent crime (whether or not anyone is hurt). Ask either of these questions to the people I have described and the answer will be, “Am I missing something? Of course these acts are violent.” The plain fact is, our language is not tortured or stretched when we speak of the “violent destruction of property.” We do not need to hurt someone in order to do violence to some thing.

 

Gandhi agrees. “Sabotage [destroying property for political purposes, without hurting anyone in the process] is a form of violence,” he writes. Martin Luther King, Jr. sees things the same way. Among the many relevant examples: In March of 1968, shortly before his death, King was leading a march in Memphis on behalf of the city’s sanitation workers. “At the back of the line,” King’s biographer, Stephen B. Oates observes, “black teenagers were smashing windows and looting stores . . . King signalled to [James] Lawson [the local march coordinator] . . . ‘I will never lead a violent march,’ King said, ‘so please call it off.’ While Lawson yelled in his bullhorn for everybody to return to the church, King . . . climbed into a car [and sped away].” No one was hurt that day in Memphis, but some serious violence was done.

Or consider what Nelson Mandela said at his trial for violence and sabotage in October 1963. He admitted quite freely that he was guilty of what he was accused of. "I do not deny that I planned sabotage," he told the court. "I did not plan it in a spirit of recklessness, nor because I have any love of violence. I planned it as a result of a calm and sober assessment of the political situation. Without violence [against property] there would be no way open to the African people to succeed in their struggle."

 

ARAs who think that arson and other forms of destruction of property are forms of “non-violent direct action” are free to think what they will. Certainly nothing I say can make them change their minds. I will only observe that, in my opinion, unless or until these advocates accept the fact that some ARAs use violence in the name of animal rights (for example, when they firebomb empty research labs), the general public will turn a deaf ear when their spokespersons attempt to justify such actions.

 

So the real question, I believe, is not whether some ARAs use violence. The real question is whether they are justified in doing so. Here are the main outlines of a possible justification.

 

Can violence be justified?

Despite the influence Gandhi had on my moral and philosophical development, I am not a pacifist in the sense in which he understands this idea, at least as I understand his position. He thinks the use of violence is wrong in all circumstances—that it is always wrong. For my part, I believe violence sometimes can be justified. Here is an example that illustrates my point of view.

 

Suppose a deranged father has kidnapped his children. He is armed and is threatening to shoot them. If the police kill the father before talking to him, their use of violence can be faulted because non-violent alternatives were not explored; they shot first and asked questions later. Moreover, if they used a gun to kill the father when a tazer, say, would have been sufficient, the authorities can be faulted for using excessive violence; they used more when less violence would have been enough.

 

What could go wrong in this example suggests what makes violence acceptable when it is. (1) Violence should be used to defend the innocent only after nonviolent alternatives have been exhausted, as the circumstances permit. And (2) the amount of violence used should be “proportionate” to the threat of the harm faced by those who are innocent.  For example, we should not take a person’s life because they have stolen our pencil. It will be useful to give a name to the principle expressed when (1) and (2) are combined. I will call it the violent defense principle.

 

Except for uncompromising pacifists like Gandhi, the violent defense principle commands universal assent. Assuming the requirement of proportionality is met, ask yourself this: If the use of violence is necessary to defend your innocent friends or loved ones who (let us suppose) are at the mercy of a sadistic neighbour, would you rise to insist that no violence be used? I don’t think so. I know I wouldn’t. Well, all that the violent defense principle does is generalize on our judgments. The innocents who are threatened need not be your friends or loved ones, or my friends or loved ones; they can be anybody. And the person threatening the harm need not be a neighbour; that person could be anyone.

 

Is the violence done by the A.L.F. justified? Given the violent defense principle, it can be justified only if animals are innocent, which they unquestionably are. For example, the mink imprisoned in fur mills and the mice used in toxicity tests have done no wrong that could possibly justify denying them their freedom, injuring their bodies, or taking their very life. So, yes, these animals are innocent.

 

Proportionality also is required. More violence should not be used when less will suffice. Can A.L.F. actions meet this requirement? Who can deny that they can, not necessarily all of the time but certainly some of the time.

 

The situation is different when we apply the final requirement embodied in the violent defense principle. We ask, “Have nonviolent alternatives been exhausted, as circumstances permit? Have ARAs in general, the A.L.F. in particular, done all we (realistically) can do, using nonviolent means, to empty the cages?” I honestly do not think that we have. In fact, I think we have done very little in comparison to what we need to do. We haven’t even been able to stop toxicity tests on “animal models,” for heaven’s sakes. No, from my perspective, the A.L.F.’s use of violence is unjustified. ARAs have not exhausted nonviolent alternatives.

 

Of course, the opposite conclusion can be reached by ARAs who believe enough already has been done by way of non-violent activism. And it is here, not whether members of the A.L.F. are “domestic terrorists,” that we find the heart of the matter, the place where ARAs have sincere and often deep disagreements. In any event, in my opinion, people do not cease to be ARAs depending on what position they take on this divisive issue. I don’t agree with the A.L.F.’s means. But do I think they are trying to free other animals from the clutches of human tyranny? Yes, I do. 

 

One other thing.

In the ‘80s I supported the A.L.F. and other activists who were breaking into labs and other dungeons of animal abuse, to document how horribly animals were being treated and to liberate the prisoners. With videos and photos in hand, no one could deny the truth. Personally, in retrospect, I think these actions would have been even stronger if the rescues had been open rescues. That said, A.L.F. actions back then, in addition to liberating prisoners, performed a vitally important educational purpose.

 

Somewhere along the way, between then and now, A.L.F. actions (in my opinion) took a violent turn. When buildings are torched today the story the media tells is about “domestic terrorists,” not the dungeons of animal abuse.  The vital educational purpose has been lost—in the ashes, so to speak. I have more to say about this in Chapter One of Empty Cages.

 

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Can you explain what you regard as the importance and the accomplishments of your Culture and Animals Foundation http://www.cultureandanimals.org/ ?

 

Professor Tom Regan:

Permit me to start with a bit of history. I had returned home after teaching (this was back in 1985) and Nancy said, “I just heard the most interesting story on NPR. It was about this performance artist, Rachel Rosenthal, who does a production called ‘The Others’ that raises consciousness about the plight of animals. And, get this: there are animals, more than twenty of them, who perform with her. Not ‘trained’ animals. Just tame animals from here and yonder.”

 

            “Really?” I said.

            “We should bring her here,” Nancy said.

            “You mean (gulp) here, as in Raleigh?”

            “Yes.”

            More “gulping” on my part.

 

So, how was CAF born? It was born when, with Nancy in the lead, we decided to bring Rachel and “The Others” to Raleigh, North Carolina. Bringing her here (what a story there is to tell!) also served as the inspiration of the CAF mantra, so to speak: “We’d rather be inside the theatre performing than outside the theatre protesting.”

 

After that decision was made, we were off and running. If we had hosted a performance art production, why not some music (Paul Winter) and comedy (The Montana Logging and Ballet Company)? Why not an art exhibition? We sponsored several, including a major exhibition by Sue Coe, another by Robert Raushenberg. What about Pulitzer Prize winning poets? We invited Maxine Kumin, and Galway Kinnell. What about . . . ? Legal theorists? Sociologists? Anthropologists? Historians? Political scientists? Biographers? Novelists? Fill-in the blanks. Our annual International Compassionate Living Festival became an energizing focus of our life as ARAs.

 

Amidst and amongst these wonderful people, we invited others who were critical of animal rights. Yes, CAF in our mind is synonymous with cultural activism for animals. But we never lost sight of the need to provide ARAs with an opportunity to learn about where those who opposed our thinking were coming from. Some of the best presentations were given by “the enemy.”

 

In the last few years of ICLF, CAF collaborated with the Animals and Society Institute, the scale of the event having grown beyond CAF’s all-volunteer-capacity to organize. Ours was a pleasant, rewarding collaboration, and we take this opportunity to thank ASI and everyone else who made ICLF possible, for all those many years, including CAF’s current board members (not counting the two of us) Marion Bolz and Mylan Engel.

 

Today, CAF focuses mainly on our grant program. We are not a wealthy organization. Far from it. That said, we are able to make ten to fifteen grants per year, and while the money is not huge, the grants are helpful to those who receive them. Just this past year we received applications from Chile, Spain, Australia, France, Canada, Finland, England, Italy and, of course, the United States. Obviously, there are creative, inquiring ARAs all over the world committing their time and talent—their life--to the struggle for animal rights. We only wish CAF had the funds to help more.

 

Carol Gigliotti recently has written that the conferences CAF sponsored and the grants we have awarded “planted the seeds of human-animal studies in the arts and humanities.” That might be true. We certainly were in a different line of business than any other organization. So, if that’s true—if we truly planted the seeds—that would have to rank as CAF’s most important accomplishment.

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In ‘The Case’ (esp. chaps. 2-4) and elsewhere it is indicated that you consider that the ability to feel pain does not imply self awareness, in the sense of one having a notion of psychological continuity over time. I therefore believe you must have at least one example of an individual of some species who is sentient but not a subject of a life (even though I still find it difficult to understand such an occurrence from an evolutionary perspective). Who could this individual be?

Professor Tom Regan:

A tough question but here’s my best shot. Sentiency usually is defined as capable of experiencing pleasure and pain, while self-awareness, as I understand the idea, involves more than being aware of something, including pleasure or pain. It involves being aware that I-am-the-one-who-is-aware-of (in this case) pleasure or pain. Without this higher order/unifying awareness, there is no self-awareness.

 

Second trimester human fetuses, I believe, are not self-aware in this way. Can they be sentient? Yes, I believe they can be. But are they self-aware? Are they aware-that I-am-the-one-who-is-aware-of-these-stimuli? I don’t think so. Indeed, I don’t think that newly born human infants are aware of themselves, as selves.

 

There is a concept some philosophers and psychologists explore called the specious present. Roughly speaking, and in this context, it refers to discrete moments of experience that are not united, not held together, by a self. We might think of this sort of mental life as being like a series of disconnected bubbles, each of which lasts only an instant before popping. One bubble, followed by another bubble, followed by another bubble, and so on. In this picture there is no unifying mind or self that carries the memory of the first bubble to the second, then to the third, etc. There is just the series of evanescent, disconnected bubbles, each lasting a moment before popping, none connected to the others.

 

Could these be the mental states of sentient beings? Could one of the bubbles be pleasant, another painful? Why not? Without self-awareness? Again, why not? Indeed, if we follow this logic, there would be as many discrete sentient beings as there are discrete pleasant and painful bubbles.

 

Which is why I have never understood how the right to life could be derivable from sentiency. Sentiency, again, means capable of experiencing pleasure and pain. Self-awareness, someone might believe, is not necessary for sentiency. But what sort of mental life would this leave us with? We have one bubble (pain), followed by another bubble (pleasure), followed by another bubble (pain), etc.  However, without an enduring self, there isn’t anybody who can have a right to life because there isn’t anybody to have one. There is just one bubble, followed by another bubble, etc., etc.

 

So, do all sentient beings have a right to life, just because they are sentient? Not that I can see. Not that I can understand.

 

Of course, this situation would run counter to evolution if this was the permanent state of developing human and nonhuman life. So at some point in the course of development, a unifying mental order must emerge, a self that carries the memory of the one bubble to the occurrence of the second, and so on. But when, and precisely how this happens: well, I don’t think anyone truly knows the answers to these questions.

 

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ARZone exists to promote rational discussion about our relations with other animals and about issues within the animal advocacy movement. Please continue the debate after chats by starting a forum discussion or making a point under a transcript.

 

 

[Alex Melonas]

Yes. So for Singer, I'd imagine this would turn on reasonable expectations about the balance b/n preference satisfaction and suffering; the interest (or preference) in continuing to live is simply one of those considerations on the positive side of the scale. In other words, since we have a preference in not suffering, it seems that dying would outweigh the harm of death (of that thwarted preference in continuing to live, i.e.) if in continuing to live we expect to be in constant pain. But it's not at all clear how death would constitute a harm on this account b/c in one moment I exist and then in the next I don't, so who experiences the harm in having a preference thwarted? I certainly don't b/c I don't exist. 

 

It seems to me, however, that death is a harm b/c A) experiencing happiness or a good quality of life is good; B) the death state is permanently neutral (positing an afterlife is not logically defensible); C) good is better than permanently neutral; and D) therefore when one is forced from a good state to a permanently neutral state, one is harmed, i.e., death is a harm. This is the only argument re: death being harmful I've found satisfying. 

[Tim Gier]

In The Case for Animal Rights, Regan writes:

"And an untimely death is a deprivation of a quite fundamental and irreversible kind. It is irreversible because, once dead, always dead. It is fundamental because death forecloses all possibilities of finding satisfaction."

Are the two of you saying close to the same thing?

(edit: page 100, 1st paperback edition)

[Alex Melonas]

@Tim: I would say that that argument fails for the same reason that Singers' does. To wit: at the moment of death, you stop existing; hence, strictly speaking, you aren't harmed by the foreclosure of all possibilities of finding satisfaction b/c you can't be harmed at all (by definition). That is, it is only from this temporal plane that Regan's argument makes sense. Put another way, if I don't exist, why would not-me (b/c there isn't a "me" anymore) care that all of my (who doesn't exist anymore) possibilities of finding satisfaction have been foreclosed?     

 

Death as a "harm of deprivation" make's intuitive sense, I grant that, especially b/c at bottom the contrary position suggests that my life isn't my own -- i.e., like property, I am harmed if someone steals it (thus, depriving me of what is mine). But b/c death means that there is no longer a subject to experience the deprivation, it's difficult to argue that a harm to some subject has occurred. Can there be a harm if no subject experiences it?   

[red dog]

The problem is that some people already have their minds made up and will decide you're unintelligent and not serious the minute you challenge the values they've been brought up with. Some people would say it about you, Carolyn, because of the amount of time and labour you've devoted to this website.

The examples Regan brings up seem problematic to me. Most people think of arson as violent because it has the potential to endanger lives, not because property destruction is always violent. Activists could cause economic damage by hacking a computer system or sending black faxes--would that be "violent" too? And of course people react negatively when the target is a religious group, because most people rightly understand that religion isn't worth fighting for. I'm offended when religious people proselytize in the streets, but I don't object when ARAs do it.

Also, when he talks about ARAs not having exhausted nonviolent means, I think he's talking about the big picture rather than individual cases. Conventional means of activism may save animals from being brought into existence just to be exploited, but I guess some activists feel they won't help particular animals who are already here.

[Carolyn Bailey]

Hi Brandon,

I was referring, as I read Professor Regan was, to activists who employ violent tactics in their activism. Arson and intimidation would be two of my examples.

The message of animal use and abuse is lost. 

If we are serious about education and serious about building our numbers, surely alienating the general public is not the ideal way to go about that.