The Tom Regan Week: On Rights, the Animal Rights Movement and Patterns of Resistance

[Carolyn Bailey]

Tom Regan on Rights, the Animal Rights Movements and Patterns of Resistance.

 

Who gets to say what “animal rights” means and who gets to define what the AR movement is and who is or is not part of it?

Professor Tom Regan:

Rights have a pedigree, so to speak. Humans have been thinking about them for thousands of years. When we talk about an individual’s rights, therefore, we are talking about an idea that people can’t just make up. Rights mean something. Here are the defining characteristics of the idea as I understand it, beginning with human rights. My answer excerpts several pages from Chapter Four of Empty Cages. 

The first thing we learn when we begin to explore human rights is how much they have shaped human history. Revolutions have been fought, religious liberties claimed, and royal heads have rolled, all in the name of human rights.  This should tell us something about their importance. When people are willing to take up arms in defense of their rights, perhaps to give their very life, something of great value must be at stake. What could this be?

 

LEGAL RIGHTS AND MORAL RIGHTS

 

Philosophers distinguish between legal rights and moral rights. Legal rights are liberties or protections individuals have because some law says they do. For example, Americans eighteen years of age or older have a legal right to vote. For obvious reasons, legal rights do not come into being on their own; they have to be created through law, whether (here are two ways) by the whims of a despot or by the will of a democratically elected assembly. So one defining characteristic of legal rights is that they are made by human beings; as such, humans can unmake them too.

 

This leads to another defining characteristic: legal rights often vary from nation to nation, and within the same nation at different times. For example, the legal rights Americans have to religious freedom and to a trial by a jury of one’s peers are not universal among all nations. And the right to vote possessed by blacks and women in America today is the same right that was systematically denied to them throughout much of our nation’s history.

 

Two of the defining characteristics of moral rights (others will be discussed below) contradict what has just been said about legal rights. First, humans do not make moral rights, nor can we unmake them. Second, moral rights are not limited to the citizens of a particular nation, at a particular time. Moral rights (for example, our rights to life, liberty, and bodily integrity) are universal and timeless.

 

Belief in moral rights is pervasive throughout representative democracies today. The framers of America’s Declaration of Independence certainly believed in them; they maintained that the sole reason for having a government in the first place is to protect citizens in the possession of their rights, rights that, because they are independent of, and more basic than, legal rights, have the status of moral rights.

 

As an advocate of moral rights, I take my stand with America’s founders. The young men who were sent to fight in Vietnam had moral rights, including the rights to life, liberty, and bodily integrity. So did the Vietnamese children who were killed and maimed in the conflict. And each had these rights whether the US government, or any government for that matter, recognized them.

 

But what does it mean to say, “They had rights”? Suppose we answer by saying, “Well, the rights they had were moral rights, which are universal and timeless.” This is true, no doubt, but it does not take us very far. What else can we say about moral rights to help us understand what they are and why they matter? There are six additional defining characteristics that help provide an answer.

 

1. RIGHTS AND DUTIES: TWO SIDES OF THE SAME COIN

The first thing to notice is the relationship between moral duties, on the one hand, and moral rights, on the other. Some of our duties are so important, they carry rights with them. The duties owed are one side of the coin; the rights possessed are the other side. Let me explain.  

 

When we say something is a moral duty, we are saying that it is something we should do, something it would be wrong for us not to do. Of course, we might not to do it. Limited creatures that we are, there are many things we should do that we fail to do. Still, everyone understands the idea of having a duty (to tell the truth, for example, or to keep one’s word). When we ask how to understand our most important duties, part of the answer is simple. Some of our duties are so important they give rise to rights.

 

2. MORAL STATUS: “NO TRESPASSING”

Another defining characteristic of moral rights concerns moral status. Possession of moral rights confers a distinctive moral status on those who have them. To possess these rights is to have a kind of protective moral shield, something we might picture as an invisible "No Trespassing" sign.

 

What does this invisible sign prohibit? Two things, in general. First, others are not morally free to harm us; to say this is to say that others are not free to take our life or injure our body as they please. Second, others are not morally free to interfere with our free choice; to say this is to say that others are not free to limit our free choice as they please. In both cases, the "No Trespassing" sign is meant to protect our most important goods (our life, our body, our liberty) by morally limiting the freedom of others.

 

Does this mean that it must always be wrong to take someone’s life, injure them, or restrict their liberty? No. When people exceed their rights by violating ours, we act within our rights if we respond in ways that can harm or limit the freedom of the violators. For example, suppose a mugger attacks you; then you certainly act within your rights if you use physical force sufficient to defend yourself, even if this harms your assailant.

 

Thankfully, in the world as we find it, such cases are the exception, not the rule. Most people most of the time act in ways that respect the rights of other human beings. But even if the world happened to be different in this respect, the central point would be the same: what we are morally free to do when someone violates our rights does not translate into a more general freedom to violate their rights.

 

3. MORAL WEIGHT: “TRUMP”

Every serious advocate of human rights not only believes that individual moral rights are important; more, we believe that our rights are the most important moral consideration we can think of. To use an analogy from the card game Bridge, individual rights are “trump.” Here is what this means.

 

Bridge is played by four people using an ordinary deck of playing cards, fifty-two cards in all, thirteen of each suit: clubs, diamonds, hearts, spades. There are thirteen plays (“tricks”) in each hand, with the most powerful card winning each trick. Ordinarily, the winning card is the highest card of the same suit. The ace of clubs beats every other club, the ace of diamonds beats every other diamond, and so on. However, through an elaborate ritual of bidding, players can decide that a given suit is the trump suit for a particular hand. Once this is decided, the cards in the trump suit acquire added power.

 

For example, suppose hearts are trump. And suppose the first three cards played are the queen of spades, the king of spades, and the ace of spades. You are the next player. You have no spades. However, you do have the two of hearts. Because hearts are trump in this hand, your lowly two of hearts beats the queen of spades, beats the king of spades, even beats the ace of spades. This is how powerful trump is in the game of Bridge.

 

The analogy between trump in Bridge and individual rights in morality should be reasonably clear. There are many different considerations that are relevant to moral decision-making. How will we be affected personally as a result of making one decision or another? What about our family, friends, neighbors, fellow Americans? It is not hard to write a long list. When we say, “rights are trump,” what we mean is that our duty to respect the rights of individuals is the most important consideration in “the game of morality,” so to speak. We mean that desirable outcomes, for ourselves or for our friends, for example, never justify violating someone’s rights. We mean the good that others derive from violating someone’s rights never justifies violating them.

 

4. MORAL RIGHTS AND MORAL EQUALITY

The next characteristic of moral rights concerns their equality. Moral rights are the same for all who have them, which is why no human being can justifiably be denied rights for arbitrary, prejudicial, or morally irrelevant reasons.  Race is such a reason; to determine which humans have rights on the basis of race encapsulates a particularly virulent strain of prejudice. What race we are tells us nothing about what rights we have.

 

The same is no less true of other differences between us. We trace our family lineage to different places, some to Ireland, some to Lithuania, others to Africa. Some people are Christians, some Jews, some Moslem. Others are agnostics or atheists. A few are very wealthy, many more, very poor. And so it goes. Our differences are many and real. There is no denying that.

 

Still, no one who believes in human rights thinks that these differences mark fundamental moral differences. If we mean anything by the idea of human rights, we mean that humans who have moral rights have them equally. And we have them equally regardless of our many differences, whether these concern our race, gender, intelligence, religious belief, comparative wealth, or date or place of birth, for example.

 

5. INVOKING RIGHTS: DEMANDS, NOT REQUESTS

A fifth characteristic of rights concerns their meaning when we invoke them.  This is best understood by contrasting claims of rights with requests for charity or generosity. With regard to the latter: sometimes we ask for things we do not deserve. I want a fancy sports car. You have more than enough money to buy one for me. I confront you, saying, “Would you mind buying me a Ferrari?”

 

One thing about my bizarre request is abundantly clear. I am not in a position to demand that you buy me a Ferrari! Receiving a car from you—any car--is not something to which I am entitled, not something I am owed or due. Were you to present me with the car of my dreams, it would be just that: a present. Your gift would distinguish you as uncommonly generous, not uncommonly fair.

 

When we invoke our rights, by contrast, we are not asking for anyone’s generosity. We are not saying, “Please, would you give me something I do not deserve?” We are not asking for any favors. On the contrary, when we invoke our rights we are demanding fair treatment, demanding that we receive what is our due. Of course, there is no guarantee that we will receive it. Law-abiding citizens have the right to demand their physical safety when they take a walk through the park, but (tragically) this is a right muggers fail to honor. Nevertheless, everyone understands that we are not asking for something we do not deserve when we take our walk, with the expectation that no one will attack us.

 

6. RIGHTS VIOLATIONS AND THE DUTY OF ASSISTANCE

It sometimes happens that those whose rights are violated do not understand the injustice that is done to them. What sometimes happens to children as well as to those who suffer from serious mental disabilities, whatever their age, are obvious examples of how this can happen. Because of their vulnerability, these humans are easy prey for those seeking some benefit, whether personal or public. When used as means to such ends, not only are the rights of these humans violated; in addition, those of us who understand the wrong that has been done have a duty to intervene on the victims’ behalf, to stand-up and speak-out in their defense. Moreover, the duty here is itself a demand of justice, not a plea for generosity. These victims are owed assistance from us; help is something they are due, not something it would be “awfully nice” of us to render. Arguably, the less able humans are to defend their rights, the greater is our duty to do this for them.

 

Everyone understands that there is a limit to what we can do in the name of defending the victims of injustice. We simply cannot do everything for every victim. For all of us, however, this limit is not zero. That we cannot do everything in defense of those who cannot defend themselves does not mean that we should content ourselves with doing nothing.  

 

THE RIGHT TO BE TREATED WITH RESPECT

 

To act in ways that are respectful of the rights of individuals is to act in ways that are respectful of the individuals whose rights they are. Because human beings have rights to life, bodily integrity, and liberty, serial murderers commit grievous moral wrongs when they take the life of their victims, child molesters act wrongly when they injure their victims, and kidnappers wrong their captives when they deprive them of their freedom. In each of these and all analogous cases, there is an essential moral sameness in the wrong that is done: whenever our individual rights are violated, we are treated with a lack of respect.

 

In a general sense, then, the several rights discussed (the rights to life, liberty, and bodily integrity) are variations on a main theme, that theme being respect. This is the main theme because treating one another with respect just is treating one another in ways that respect our other rights. Thus it is that this important idea (treating one another with respect) can be used to express what we might call our summary right, the one right that unifies all our other rights: our right to be treated with respect . . .

 

So, to go back to the first part of your question: rights mean something. And they mean the same thing whether they are ascribed to humans or nonhumans. “Animal rights” exhibit the same characteristics as “human rights”: no trespassing, equality, trump, justice, respect, as has been explained. As I have expressed this idea in a “animal research” context: Animals are not our tasters, we are not their kings. If people affirm animal rights, this is what they are affirming. If others deny animal rights, this is what they are denying.

 

Now, there are those who deny animal rights but use the words anyway. Peter Singer comes to mind in this regard. He explicitly denies that animals have rights then turns around and says they do anyhow. He says his use of “animal rights” is “rhetorical.” That’s not the way I understand the idea. To my way of thinking, “animal rights” means something. Invoking or appealing to their rights is invoking or appealing to more than a “rhetorical” idea.

 

As for the second part of your question: "who gets to define what the AR movement is and who is or is not part of it?" The best answer that comes to my mind is: anyone who is working for the recognition of animal rights, whose actions respect the right of humans to be treated with respect, is part of the AR movement. This does not mean that all ARAs must agree on how to bring about this recognition. For example, I do not doubt that members (if that’s the right word) of the A.L.F. see themselves as working for the recognition of animal rights. Do I agree with what they do? No, for reasons cited earlier, I do not. But are they active in the AR movement? Yes, I think they are.

 

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Chapter Six of Defending Animal Rights is called “Patterns of Resistance” in which you describe the “dynamics of exclusion” which prevent the formation of an ideal moral community. You chose to highlight two social institutions which act as “forces of resistance” to the inclusion of a number of groups in the moral community including, of course, nonhuman animals. Could you please outline your argument to enable ARZone members to more fully appreciate “what they are up against”?

Professor Tom Regan:

All movements for progressive change encounter the same “patterns of resistance.” In the chapter to which you are referring, I discuss the movements to abolish slavery, to enfranchise women, to grant equal rights to gays and lesbians, and to truly liberate nonhuman animals. Two powerful voices resisting all these movements have been (strange bed-fellows) science and religion. For example, defenders of slavery often cited passages from the Bible that they claimed “proved” that God intended blacks to be slaves, whereas others cited various scientific studies (comparative brain size between whites and blacks, for one) that “proved” blacks were biologically inferior to whites. When you have these powerful forces—religion, on the one hand, and science, on the other—speaking in favor of a repressive status-quo, it’s fair to say that changing the status-quo will be a daunting challenge.

 

And what do we find today, in the midst of our movement—the AR movement? Overwhelmingly, the voices speaking from a religious or a scientific perspective are speaking in favor of human superiority compared to other animals. I am not saying everyone speaking from these perspectives is saying this anymore than everyone speaking from these perspectives in the past favored the subjugation of women. What I am saying is that, overwhelmingly, this is what these voices are saying.

 

To my mind, it’s important for ARAs to understand these “patterns of resistance.” It’s important, first, because it helps create ARA solidarity with those from the past who have worked for progressive change; they had to face the same forces of resistance we have to face. It’s important, second, because our knowledge of these patterns can perhaps open a dialogue with those who believe in human superiority compared to other animals “because of what the Bible says,” for instance. “Oh,” we can say, “that’s why you believe in human superiority. Well, did you know that slavery was defended in the same way? And so was the subjugation of women.” I’m not saying this will bring every discussion to an end; I’m only saying that this is one way a discussion can begin. And it’s important, finally, because bringing these patterns of resistance to the attention of teachers and administrators can help them understand and, in some cases, possibly embrace the burgeoning field of human-and-animal-studies.

 

In my talks to ARAs I invite them to imagine a very big wall—a huge wall. The wall symbolizes the oppression of nonhuman animals. If only we could topple that wall with one good push! Chances are, that’s not going to happen. Chances are, we are going to have to dismantle that wall one brick at a time.

 

Will the wall of animal oppression be disassembled while everything else remains the same? Just speaking for myself, I doubt it. Other broad, deep changes--in how human beings understand what it means to be human as well as in how we are to live within the larger life community—fundamental changes like these will have to occur before the last brick is removed. Something akin to The Thee Generation I described earlier needs to come into being and flourish if other animals are to be truly liberated. To my way of thinking, the animal rights movement is a spoke in the wheel of a much larger movement, what in the past I have called The Whole Movement: the consolidation of all progressive, egalitarian movements. So, yes, most certainly, ARAs will have a place at the table in The Whole Movement. After-all, the table is large, the interests varied, and the food is . . . vegan, of course.

 

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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.

 

[Urs Mueller]

A very nice summary of the rights-position! Its always good to have such summaries so people don't have to read whole books before they can know of the rights-position. Unfortunately there are still many people who recommend Singers "animal liberation" for an introduction to animal "rights" to newbies. As I was recommended too...

[Maynard S. Clark]

‘Rule of Rescue’

If we were 'rescuing and aiding' HUMAN beings, these actions would not seem to outside the mainstream of respectability.  However, abolitionist criticisms still apply, that merely RESCUING does NOT reduce the overall violence going forward; it only MENDS and lessens the suffering of those at risk right now.  In ethics (typically applied to humans) we TERM that 'the rule of rescue' (Google it everyone), implying a sense of obligation for those MOST at risk right now!

 

What should we keep in mind when reflecting philosophically about the ‘Rule of Rescue’?

[Maynard S. Clark]

All modern veterinary inventions involve SOME animal testing, as HSR (human subjects research) for pharmaceutical, behavioral, and surgical interventions occasions a great deal of ethical handwringing.

 

Unlike competent humans, nonhumans (for the most part) cannot give informed consent to testing.

 

Where might animals in veterinary care be without some animal subjection for veterinary research, and what does all that mean for (a) animals AND (b) us in the pro-animal movement?

 

What can we say about the claim for a need to do some research on whole live animals in order to advance veterinary medicine?  Surely much of what is done AS veterinary medicine is not done for the long-term good of animals to which it will be applied, nor for the short-term good of the research subjects.  Nonetheless, is there any justification for (m)any of the procedures used in veterinary research (we have behavioral, surgical, and pharmacological research)?

[Maynard S. Clark]

Is Gary Francione a closet consequentialist?

 

In Boston two weeks ago, Gary Francione synopsized his view as 'committing ourselves to the greatest possible reduction in overall violence' (a view with which I agree’ I’m guessing that you agree with that, also!).

 

In Gary's view, we should all be in favor of whole-scale reduction in violence so that the overall reduction in violence is optimally achieved.  Is that view not a consequentialist view (rather than a deontological position)?

[Maynard S. Clark]

Judged by (consequentialist) historical standards - past AND future - which philosophy has yielded a better rationale and, perhaps as a motivator and rationale for activists AND the general public - deontology (nonconsequentialism) or consequentialism?