A Response to the Primary Right

Jeff Pierce

In his post on the Primary Right, Carter Dillard equates the right to be let alone with the right to be alone, as in, utterly and completely alone.  Up Carter’s sleeve hides an unspoken premise resembling something like this: the influence of other human beings, however minor, spoils my inalienable right to be ruggedly individual.

I characterize his conception of freedom as rugged individualism because the right to be alone feels unmistakably American.  Thoreau is lurking there, skipping stones with Herbert Hoover and Paul Ryan.  To call the right “primary” suggests it’s universal.  But if a Tembu South African or a Tembé Brazilian failed to recognize herself in this concept, the right to be alone is neither universal nor primary.

The right to be alone is distinctly American for another reason: Carter extracts it from a dissenting opinion Justice Louis Brandeis wrote in 1928.  This is the same Louis Brandeis who, while yet an attorney in 1890, sowed within American jurisprudence an entirely novel right when he published, with Samuel Warren, “The Right to Privacy” in the Harvard Law Review.

Scientists See Cruelty in Killing Method Used in Japan’s Dolphin Roundup

ANDREW C. REVKIN

(x-post from Dot Earth)

In a new peer-reviewed study, scientists assess the killing method employed by the dolphin hunters of Taiji, Japan, by watching video recorded surreptitiously in 2011 by a German dolphin-protection group, AtlanticBlue. The still image at right is from the video, which can be seen here (but be forewarned; this is not suitable for children — or many adults, for that matter).

Here’s the researchers’ not-so-surprising prime conclusion:

This killing method does not conform to the recognized requirement for “immediate insensibility” [some background is here] and would not be tolerated or permitted in any regulated slaughterhouse process in the developed world.

Of course given that these are wild, big-brained animals rounded up with methods made infamous in the crusading and Oscar-winning documentary “The Cove,” even if a slaughterhouse standard were met, the controversy would hardly fade. (Watch my 2010 interview with the film’s director, Louis Psihoyos.)

Here’s the abstract of the paper, followed by a brief interview with one author, Diana Reiss, a cognitive psychologist at Hunter College who was an adviser on the documentary and has made no secret of her campaign to end cruelty to this species:

“A Veterinary and Behavioral Analysis of Dolphin Killing Methods Currently Used in the ‘Drive Hunt’ in Taiji, Japan”

Journal of Applied Animal Welfare Science, Volume 16, Issue 2, 2013 (DOI: 10.1080/10888705.2013.768925)

Andrew Butterworth, Philippa Brakes, Courtney S. Vail & Diana Reiss

Annually in Japanese waters, small cetaceans are killed in “drive hunts” with quotas set by the government of Japan. The Taiji Fishing Cooperative in Japan has published the details of a new killing method that involves cutting (transecting) the spinal cord and purports to reduce time to death. The method involves the repeated insertion of a metal rod followed by the plugging of the wound to prevent blood loss into the water. To date, a paucity of data exists regarding these methods utilized in the drive hunts. Our veterinary and behavioral analysis of video documentation of this method indicates that it does not immediately lead to death and that the time to death data provided in the description of the method, based on termination of breathing and movement, is not supported by the available video data. The method employed causes damage to the vertebral blood vessels and the vascular rete from insertion of the rod that will lead to significant hemorrhage, but this alone would not produce a rapid death in a large mammal of this type. The method induces paraplegia (paralysis of the body) and death through trauma and gradual blood loss. This killing method does not conform to the recognized requirement for “immediate insensibility” and would not be tolerated or permitted in any regulated slaughterhouse process in the developed world.

Here are my questions and Reiss’s responses:

Q.

Can you tell me in a few words what this analysis means to you in the larger context of human/animal relations?

A.

. Dolphins are a cognitively and socially complex species that exist in their own societies in the seas. To see any animal treated in this way is shocking. Given what we know scientifically about the awareness, sensitively, cognitive and social prowess of dolphins, this treatment is unjustifiable and unacceptable and needs to be stopped immediately. In the larger context of human and non-human animal relations, the methods used to herd dolphins and then kill them is off-the chart in terms of any concern for animal welfare. At a time when most countries are concerned for the conservation and welfare of dolphins and whales it is strange and disturbing to see a modern country like Japan continue to ignore scientific knowledge and concern for these species.

In most modern countries these mammals are protected but sadly we see these exceptions. Our scientific knowledge needs to transcend cultural and geographic boundaries and these species need global protection.

Q.

One of the standard replies from Japan on this issue (whether with whales or dolphins) is that we, for example, cherish bison but eat bison burgers. Is there a distinction?

A.

You cannot compare bison to dolphins in the cognitive domain. However, bison are not killed in this inhumane manner. Nor are lab rats. In cases in which animals are domesticated for food, most modern countries are striving for better animal welfare practices that minimize pain and suffering during the killing process with the goal to render an animal unconscious quickly before it is killed. This is not the case in the dolphin drive hunts. These are not domesticated animals; they are wild dolphins that are captured within their social groups, mother and young, and slaughtered using a technique that actually prolongs death, pain and suffering. The herding procedures themselves are inhumane and may include forced submersion as the dolphins are dragged by their tails to shore to be killed.

This is not to say that dolphins should be killed. They should not.

For more on Reiss’s views, I encourage you to read Claudia Dreifus’s 2010 interview with her for Science Times and watch Reiss’s recent TEDx talk on dolphin intelligence.

In an interview last month with the journalist David Kirby, Mark Palmer, the associate director of Earth Island Institute’s International Marine Mammal Project, estimated that the dolphin hunters of Taiji killed nearly 900 dolphins and pilot whales this season and kept nearly 250 to sell for alive to the aquarium trade (which is booming in the Middle East and Asia).

| Related | In dolphin research, as in climate change science, a move from research to a mix of science and activism can create complex dynamics. To explore, read Erik Vance’s 2011 Discover Magazine feature, “It’s Complicated: The Lives of Dolphins & Scientists,” which chronicled how Reiss’s shift played out.

New Jersey Takes Steps Towards Stronger Animal Laws

Seth Victor

In a move to join Arizona, California, Colorado, Florida, Maine, Michigan, Ohio, Oregon, and Rhode Island, the New Jersey Assembly passed a bill 60-5 last Thursday to ban gestation crates for pigs. A similar bill already having passed in the state senate 35-1, the measure now awaits Gov. Chris Christie’s signature. Though a progressive step forward for animal protection, the bill, while giving a thorough definition of the kinds of confinement banned, still allows for the common exceptions. Gestating pigs can still be confined for “(1) medical research, (2) veterinary examination, testing, individual treatment, or an operation, (3) transportation of the animal, (4) an exhibition or educational program, (5) animal husbandry purposes, provided the confinement is temporary and for no more than six hours in any 24-hour period, (6) humanely slaughtering of the animal in accordance with the laws, and rules and regulations adopted pursuant thereto, concerning the slaughter of animals, and (7) proper care during the seven-day period prior to the expected date of the gestating sow giving birth.” While there is a rational basis for all of these exceptions, broad ones such as “veterinary examination” seem ripe for abuse (or at least a defense), and animal testing gets its typical pass with the “medical research” caveat. Still, there is a disorderly persons misdemeanor where once there was none, and groundwork to phase out a particularly thorny issue in CAFOs.

9th Circuit Continues to Rubber Stamp Illegal Whaling

Stephen O’Donohue

 On February 25th, the Court of Appeals for the 9th Circuit reversed a district court’s order denying the Japanese whaling fleet’s preliminary injunction and dismissing its piracy claims.  The Institute of Cetacean Research kills thousands of whales every year in the Southern Ocean under the pre-textual guise of “research,” despite the uncontested fact that the whale meat is sold for human consumption.  Despite a moratorium on whaling, the International Convention for the Regulation of Whaling allows its member nations to issue whaling permits for research purposes.  The Sea Shepherd Conservation Society, lead by ex-Greenpeace member Paul Watson, operates a number of vessels whose purpose is to disrupt the whaling efforts of the Japanese fleet.  Sea Shepherd employs tactics such as disabling boat propellers, firing smoke canisters at whaler decks, and ramming whaling vessels.  Sea Shepherd justifies its actions by arguing that no government will enforce the whaling moratorium, therefore they are doing so on behalf of the whales.  This struggle is the subject of the Discovery channel television show, Whale Wars.

Can Farming Rhinos Save the Species?

Seth Victor

Kevin Charles Redmon poses an interesting thought: can farming the horns of African rhinoceroses save the species? The horns of the rhinos are used throughout the world, from dagger handles to medicine. Though the animals are endangered, and protected under CITES, there is a lucrative black market business in poaching, especially when the horns fetch $65,000 a kilo; “demand for horn is inelastic and growing, so a trade ban (which restricts supply) only drives up prices, making the illicit good more valuable—and giving poachers greater incentive to slaughter the animal.” Poachers aren’t overly concerned with the long-term extinction risks of their prey. The focus is on the immediate value. Because the activity is illegal, timing is of the essence, and it’s apparently easier to kill and harvest the rhinos versus tranquilizing and waiting for them to go down. What if, Redmon wonders, we were to harvest the horns (they re-grow over time) by placing rhinos in captivity, guarding them well, and introducing a sustainable horn supply that doesn’t kill the rhinos?

Animals Are Biggest Losers in Sequestration

Seth Victor

As reported by Mother Jones, there is a lovely outcome to the government’s sequestering: “The Food Safety and Inspection Service’s budget would be slashed by $51 million. This would result in a furlough of as much as 15 days for all employees, including 8,400 meat inspectors, as well as a loss of 2 billion pounds of meat, between 2.8 and 3.3 billion pounds of poultry, and over 200 million pounds of egg products. Meat shortages may also lead to price increases, leading to a domino effect on restaurants, grocers, and small businesses. There are also concerns that food safety ‘could be compromised by the illegal selling and distribution of uninspected meat, poultry, and egg products.’”

Or, as author Lemony Snicket might phrase it, “The news reported that there was going to be a loss, a word that here means ’13 million cows and over a billion chickens were killed for no use at all, because a bunch of people were busy fighting over other things, like how much money they could spend on themselves.’”

Ag-Gag Panel at iV– Ivy League Vegan Conference

David Cassuto

For those of you in the New Haven area today, please join me at iV, the Ivy League Vegan Conference.  It looks like a very interesting day.  I am on a panel about Ag-Gag laws.

Legal Issues with California’s Foie Gras Ban

Seth Victor

Late last month PETA filed a suit against Hot’s Restaurant Group in Los Angeles County, CA, alleging that the defendant violated the California state law that went into effect earlier this year prohibiting the sale of foie gras. The essence of the complaint is that Hot’s Kitchen, the specific restaurant in question, has skirted the law by selling a hamburger for an increased price and including with the hamburger a “complimentary side of foie gras.” Being that foie gras is sold legally at gourmet restaurants around the country for a pretty penny, on its face Hot’s seems to be blatantly rebelling against California’s ban, taking a position common among many restaurant owners. Taking the ethical debate over foie gras (ahem) off the table for a moment, is what Hot’s Kitchen doing illegal?

Sheep (and ranchers) Find No Home on the Range

Seth Victor

From the tone of the NY Times article, John Bartmann doesn’t sound like a bad man. Though some readers might demonize him because he is involved in animal farming, this isn’t the CEO of a major industrial producer, and it would be inaccurate to lump him in under the same heading. I expect Mr. Bartmann knows a thing or two about sheep husbandry, and likely has his own grievances with the CAFO industry. Still, his plight is indicative of the complicated issues surrounding modern farming, and is not free from critique. The decline of the modern rancher, especially in the drought of 2012, highlights many of the problems with food in the United States, through both animal and environmental perspectives.

Michigan dog fighting penalty increases

Seth Victor

As reported by the Detroit News, the Michigan legislature recently voted to increase the penalty for dog fighting. By finding dog fighting to be an organized criminal enterprise, the legislature has made it possible for dog fighting violators to be charged with racketeering, punishable by up to 20 years in prison. Additionally, the property (real and personal) in question could also be confiscated as a nuisance if the House approves the bill. The racketeering classification amendment to the law is expected to be signed by Gov. Snyder soon. As the bill analysis reads:

Under the code, racketeering is defined as committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain that includes any of the listed criminal acts. The bill would amend this list to include a violation of Section 49, concerning animal fighting.

 The bill proposal puts it bluntly; “Simply put, animal fighting is animal abuse on steroids.” By moving this crime into the same category as other criminal enterprises, Michigan is recognizing the vast infrastructure behind animal fighting rings. The amendment to the law will also allow prosecutors to go after repeat offenders in a more meaningful manner, rather than having to separately prosecute individual cases that carry less significant penalties. There is a concern that property seizure based simply on an allegation of such abuse might be extreme, and that is an aspect that certainlyshould  be  carefully considered in each case. Overall, this bill marks a considerable step towards greater penalties for animal abuse, and one that isn’t as particularly tailored as last year’s Schultz’s Law.

Why International Trade is not Dolphin Safe

Seth Victor

You may have your own opinions about the World Trade Organization (WTO), whether positive or negative. Regardless, the WTO wields influence over imports and exports worldwide. As we have discussed at length on this blawg, animals are commodities, and thus the policies of the WTO are important when considering animal rights.

Over the last several months the WTO has taken issue with dolphin-safe tuna. To summarize what is a long and involved debate, since 1990 the United States has provided labels specifying whether dolphins were killed (though ”harmed” isn’t covered) through the harvesting of tuna to be sold in the U.S. market under the Dolphin Protection Consumer Information Act (originally the labels really meant that purse seine nets, the type that often harm dolphins, weren’t used). Mexico, via a complaint to the WTO, claimed that these dolphin safety measures unfairly impeded Mexico’s tuna trade. The WTO agreed, and ruled that the dolphin-safe labels are “unnecessarily restrictive on trade.”  This ruling comes out of one of the core principles of the WTO’s policy of non-discrimination. Under the doctrine of “the most favoured nation” all WTO countries must extend to each other the same trade advantages as the most prefered trading nation would receive. National equality also states that foreign traders must be treated the same way as domestic traders. When you consider the long history of violence and discrimination associated with international trade, including the United States’s own origins, this is sound policy. Yet as always, the devil is in the application.

After a while, crocodiles

Seth Victor                                                 

Just in case you were worried that a python outbreak wasn’t enough, there’s another top predator in southern Florida. This past fall there have been sightings of Nile crocodiles south of Miami. This presents a bit of a conundrum for wildlife supervisors. You see the Nile crocodile is on international threatened lists, and is disappearing in its native habitat. Because Florida, however, is not its native habitat, and because the state already has to manage with non-native snakes eliminating the mammal population, the U.S. Fish and Wildlife Service has authorized a state shoot-to-kill order. Though there are native crocodiles in Florida, the Nile crocodile is known to be fiercer and more deadly, and is one of the few animals left on the planet that still hunts humans.

While Nile crocodiles haven’t reached the infestation levels of the python, they are potentially more problematic in smaller numbers. FWC officers suspect that the crocodiles may have originated from an illegal captive breeding facility, but it is still unknown exactly from where they are coming, or how many there are.

Again we are faced with the same unresolved questions on how to handle non-native species that can drastically alter a habitat. Do we preserve a threatened species, one of the greatest and most resilient in history, or do we hunt down the crocodiles before they make other animals endangered or extinct? Or do we simply pit the pythons and crocs against each other in a winner-take-all showdown on prime time? Either way, it’s hardly an enviable decision for the FWC.

Souls On Board

Stephen O’ Donohue

 

Denying rights to animals has long been rationalized by the presupposition that animals lack consciousness, awareness, feelings, and last but not least, a soul.  While scientific studies provide a plethora of data supporting the argument that animals are aware and do feel, science admittedly falls short of being able to prove or disprove the existence of any living being’s “soul,” regardless of religious groups’ varying definition of the term.  Furthermore, one of the fundamental limitations of the United States government is the separation of church and state.  For decades, however, the U.S. government has, through the Department of Transportation (DOT) and the Federal Aviation Administration (FAA), promulgated a definition of the word “soul” that does not include animals.  When declaring an emergency, the pilot in command is asked by the controller for the amount of fuel and number of “souls” on board the aircraft.  The FAA, in an Advisory Circular in 2008, defined “souls on board” as the “total number of passengers and crew” to the exclusion of animals because they are “cargo.”

Warning! Animals Were Harmed During The Making of This Movie

Ally Bernstein

Now wouldn’t that be nice. The truth, for once. But no, the disclaimer, “No animals were harmed during the filming of this movie” will roll right across the 60 foot movie theater screen as the new film, “The Hobbit”, reels right along this December. In an article published last week, the American Humane Association claimed that “no animals were harmed during the actual filming.” While it might be true that no animals were harmed during the filming, it is not true that no animals were filmed during the making of “The Hobbit”.  In fact, 27 animals died unnecessary deaths due to the horrendous housing conditions they were kept in for use in the film.

Turkey Pardons (again)

David Cassuto

In what has become a (quasi) Thanksgiving tradition, I offer these thoughts that I first penned back in 2008, when the blog was new.   

Much has been said about the ritual of Thanksgiving and its accompanying slaughter of hundreds of millions of defenseless birds, most of who lived short lives of unrelenting and abject misery.  I have little to add to what’s already out there except my own indignation and sorrow.

But I do have something to say about the Thanksgiving ritual, particularly the embedded legal contradiction in the practice (discussed by Luis below) of pardoning turkeys.  To pardon means “to release (a person) from further punishment for a crime.”  At Thanksgiving, however, the concept of the pardon gets up-ended.  The turkeys supposedly petitioning for clemency have committed no wrong.  Their lives consist of brutal mistreatment with slaughter soon to follow (the latter, I might add, will occur devoid of any of the protections of the Humane Methods of Slaughter Act since under Department of Agriculture regulations, birds are not “animals” and thus not legally entitled to a merciful death).  If anything, egregious crimes have been wrought upon these birds.  Yet, every year, one or two are selected at random and “pardoned.”  This ritual amounts to transferring the guilt of the perpetrators on to the victims and then forgiving a token few of them in a bizarre act of self-absolution by proxy.

Ag-Gag Laws: Terrorists, Extreme Vegetarians, Crazy Vegans and Our Right to Freedom of Expression

Ally Bernstein

 Terrorists, extreme vegetarians, crazy vegans… is that what they are calling us now? That is certainly what Senator David Hinkins, the Sponsor of Utah’s bill H.B. 187 that prohibits trespassing, photographing, or filming at agriculture operations said about the people opposing the bill. In defense of the bill, he argues the bill is aimed at “the vegetarian people” and “crazy vegans” who “are trying to kill the animal industry” referring to animal welfarists and those concerned with dredging out the truth about the agriculture industry as “terrorists.”

Sorry Senator Hinkins, but I don’t think that is what us “vegetarian people” are doing. Last time I checked, the vegetarian, vegan, and animal welfare movements were hinged on notions and principles such as cruelty free, environmentally friendly, and a reduction of harm and suffering for all species. The advancement of our movement has never been achieved by terrorist tactics such as fear inducing threats, punishment for exposing the truth, and suppressing people’s rights. It is a far stretch of the imagination to compare the animal welfare movement to a terrorist movement considering our mission is to end the suffering of species beyond our own.

Boo: World’s Richest Dog

Eliza Boggia

Boo

Meet Boo, the world’s cutest dog. This is not a judgment call, but actually a trademark. Not only is Boo (actually, his owner) an intellectual property rights holder, but the little dog is quite popular. This 6-year-old Pomeranian has product endorsements and his own line of toys.  His stuffed animal, modeled after him, goes for about $20.  He has 5.5 million fans on his facebook page, about half as many as international icon Madonna. His page says, “My name is Boo. I am a dog. Life is good.” His favorite foods include chicken, cheese, flowers, grass and dirt.

Sea Mammals Weep While They Seem to Smile

Dong Luo

Dozens of protesters crashed through the gates of an Ontario theme park on Oct 7^th railing against its treatment of marine life and managed to shut down a dolphin show at Marineland in Niagara Falls. Dylan Powell of the group Marineland Animal DefenSe, which organized the protest, says that the group is dedicated to ending animal captivity and is determined to shut down Marineland for good (Marineland closed for the season that weekend).

Shark Week

Allen Shiu

 In August, Discovery Channel ran its 25^th Shark Week Special. This week-long television tribute to sharks has generated quite a cult following in recent years. Originally intended to raise awareness for sharks, it has now evolved into a video montage of Jaws’ Greatest Hits. While the hazards of tangling with “Bruce” certainly shouldn’t be trivialized, who is really doing the killing?

It’s estimated that as many as 73 million sharks are killed annually by long line fishermen for a bowl of soup. Long considered a delicacy in Chinese cooking, shark fin soup was once a dish reserved only for royalty. The soup itself tastes of nothing. Almost like plain rice noodles and while the broth is certainly good, the fin itself adds nothing. This symbol of status can now be bought for upwards of $400 in upscale restaurants making it one of the most expensive soups in the world. This strive for status has contributed to the decimation of 95 percent of the species since the 1970s. Unfortunately, the number of sharks being killed for what amounts to 3 percent of its body is not what is most appalling.  In probably one of the most barbaric and wasteful acts committed by human beings, hooked sharks have their fins sliced off, while they’re still alive. The actual meat of the shark however has little or no value to fisherman. What’s left of the shark, still wriggling in agony, is generally dumped back into the water where the shark will eventually drown.

Cows Send Intimate Text Messages to Farmers

Stephanie Chery

Imagine a world where a farmer will get a text message from his cow telling him she’s feeling sick or that she’s in heat.  Nope, it is not a joke. We live in that world.

New technology in farming has been developed to give farmers some very detailed information about the current condition of their cows.  According to an article in The New York Times, a system has been developed to track exactly when a cow is in heat.

The system works by way of a heat detector, a small sensor, which is implanted in the cow’s genitals and a motion sensor, attached to the cow’s neck, which measures movements made by the cow. The results of both sensors combine using an algorithm which determines whether or not the cow is in heat.  If the results indicate that the cow is in heat then an SMS is sent to the farmer.  A SIM card is affixed to the cow’s sensory collar so that the farmer can pay for the text messages.

Although, the development can give rise to any number of jokes about cows “sexting” their farmers, the truth is that the current conditions of cows in countries like Switzerland and Scotland where the technology is being tried out is no laughing matter.

When Carnivores Become Neighbors

David Cassuto

With apologies for the late notice, if you’re in Westchester this evening, please join us:

 

 

Examining the Legal Protections of Animals Used in Entertainment

David Cassuto

From the email — looks like a very interesting program:

On October 17, 2012, the DePaul University Center for Animal Law in Chicago, Illinois, will host “Examining the Legal Protections of Animals Used in Entertainment.” This daylong symposium will feature panels on the legal protections accorded to animals used for entertainment purposes, such as in movies, television, zoos, circuses, and racing. These areas will be examined through a filter of ethical responsibilities involved in using animals for entertainment, legal liability for the misuse of animals, the history of the field of animal law in entertainment and what happens to animals after they “retire.”

 Our lunchtime speaker Professor Gary Francione will deliver the keynote address, “Animals as Property: The Challenges of Animal Law.” One of the most well-known figures in the modern animal rights movement, he is the author of six books, most recently The Animal Rights Debate: Abolition or Regulation? Other speakers will include Christine Dorchak of GREY2K USA, Karen Rosa of the American Humane Association Film and Television Unit, Sheriff Matt Lutz of the Muskingum County Sheriff’s Office, and Will Travers of the Born Free Foundation. 

Do We Need Pandas?

Eliza Boggs

On September 23, 2012, a baby panda cub died unexpectedly at the National Zoo in Washington, DC.  Shortly after, the mother panda began cradling a toy, indicative of the idea that she too is struggling with the reality of no longer being a mother.  In both the wild and captivity, baby pandas face surprising obstacles.  In 2006 in China, a mother panda, weighing in around 200 lbs., fell asleep while nursing her baby and accidentally crushed her four-ounce cub to death.  Unlike the fate of the Chinese cub, the death of this cub remains a mystery. Though the zoologists are still unable to determine the cause of death, a necropsy ruled out strangulation.  But what happened?

With the murky and at best minimal protections afforded to thefragile existence of the panda bear, this issue is more important than ever. Dovetailing this important issue of protecting pandas in zoos is the debate over whether the preservation of pandas is an effort worth making at all. Some make the contention that saving pandas are a waste of governmental time, resources and money.  Indeed, The Linnean Society of London has already scheduled a debate entitled, “Do we need pandas? Choosing which species to save.” 

Bullfighting: Justifying Cruelty with Tradition

Spencer Lo

The judges on France’s Constitutional Council, a 9 member body, ruled yesterday that bullfighting does not contravene the constitution, rejecting a challenge by the animal-rights group CRAC who seeks to ban the practice nationwide. Although bullfighting is prohibited in certain parts of France, the tradition has remained popular in the south – particularly in the Nimes and Arles areas – for the past 150 years. Professor Diane Marie Amann offered a brief analysis of the Council’s ruling here. CRAC contended that an exception contained in the country’s criminal code which explicitly protected bullfighting—if it occurs in regions “where an uninterrupted local tradition can be invoked”—violates equal protection principles (“The law…must be the same for everyone, with respect to protection as well as to punishment”). In other words, because bullfighting is prohibited in some areas on animal cruelty grounds, the same practice should be prohibited everywhere, otherwise unequal treatment would result. Rejecting this argument, the judges affirmed the tradition exception as constitutionally permissible. But the decision raises the obvious question, what’s so special about tradition? Why should entrenched cultural traditions, however humanly significant, take precedent over the welfare-interests of animals?  

Man’s Best Friend

Eliza Boggia

 

         On August 16, 2012 in the east village of Manhattan, man’s best friend gave the ultimate sacrifice—being willing to die in an effort to protect his owner. What for do you ask? Maybe in a valiant effort save his owner from a burning building? If only. Unfortunately, the pit bull mix named Star was shot by a police officer on 14^th St., while protecting his owner who was having a seizure.

A witness who was visiting a doctor’s office nearby alerted police officers that the owner of the dog was in danger of being hit by traffic.  He was lying in the middle of the road, twitching and shaking.  Now here’s the rub. The police get too close, the dog, in an effort to protect his owner, lunges at the police. The police officer shoots Star at nearly point blank range, he says, in an effort to provide medical assistant to the owner having a seizure. What’s missing here? The police officer that shot Star discharged his mace on Star after shooting him. According to theblaze, “In a split second, the officer pulls his gun and fires a single shot that sends the dog writhing in pain. The dog eventually stops moving as a pool of blood is visible.” 

Michael Vick, Five Years Later

Stephen O’Donohue

On August 24, 2007 Michael Vick plead guilty to one count of Conspiracy to Travel in Interstate Commerce in Aid of Unlawful Activities and to Sponsor a Dog in an Animal Fighting Venture, in violation of 18 U.S.C. 371.  U.S. District Judge Henry E. Hudson sentenced Vick to twenty-three months in prison.  Vick admitted to  organizing and running a dog fighting enterprise known as “Bad Newz Kennels,” where he oversaw not only the dog fights themselves (which often led to the death or maiming of at least one dog) but also admitted to directly participating in the killing of many dogs by hanging or drowning.  Vick served his sentence, and upon release performed a token amount of public service work and promptly returned to the NFL as a quarterback for the Philadelphia Eagles, where he is still so employed.

The initial widespread condemnation of Vick’s conduct was, I believe and hope, a reflection of our society’s heightened value for the well being of animals.  Sponsors dropped Vick immediately, as did his former team, the Atlanta Falcons.  There was no place for him in our accepted culture.  Currently in 2012, however, Vick is still controversial but not  

The Art of Killing–for Kids

Spencer Lo

In our culture, the moral divide between humans and animals is sharp in numerous areas, but perhaps most consciously so in one: the sport of hunting. Since the activity involves consciously deciding to kill another sentient, sensitive being, the issue of inflicting suffering and death cannot be avoided, at least for the hunter. At some point every hunter will inevitably confront unsettling questions: Is my having a good time an adequate moral reason to deliberately end an animal’s life? Should I be concerned about my prey’s suffering, as well as the resulting loss for his or her family? These reflective questions, and many others, will now be asked by New York youths (ages 14-15) this Columbus Day weekend during a special deer hunt planned just for them. Armed with either a firearm or crossbow, junior hunters will be permitted to “take 1 deer…during the youth deer hunt”—no doubt in the hope that the experience will enrich their lives. A hunting enthusiast once observed after a youth hunt, “I’ve never seen a [9-year old] kid happier…We were all the better for it.”  

The Lack of Ethics in Animal Ethics Committees

Spencer Lo

Like factory farming, animal experimentation is an entrenched practice, one which causes extensive suffering to millions of animals per year despite the poor justification in terms of human benefits. Bioethicist Dr. Andrew Knight, author of the book “The Costs and Benefits of Animal Experiments,” discussed the ethical problems of animal experimentation and related issues over at ARZone (see also here). Because of the problems with justification, a welcome development is the continuing search for alternatives to animal testing, and animal ethics committees (AECs) set up to scrutinize research proposals are required to consider such alternatives before granting approval, as part of their mandate to ensure compliance with the 3Rs—the principles of Reduction, Refinement, and Replacement. In Australia, for instance, a guiding principle in the Australian Code of Practice is to “promote the development and use of techniques that replace the use of animals in scientific and teaching activities.” The Replacement Principle gained further strength in 2008 with the following guideline: “if a viable alternative method exists that would partly or wholly replace the use of animals in a project, the Code requires investigators to use that alternative.” Thus, at face value, it appears that animal experimentation can be carefully scrutinized and suffering minimized, with animal use permitted only for the most important reasons.  

Further Thoughts on Happy Meat

Spencer Lo

My last post explored the ethics of consuming “happy meat,” which was prompted by Nicholas Kristof’s recent NYT article on the matter—with great enthusiasm, he endorsed it as an ethical alternative to the consumption of factory-farmed animals. I attempted to show why this view is deeply mistaken by briefly sketching an argument from philosopher Jeff McMahan’s paper. Here, I want to raise the question of whether, from an animal advocates perspective, there is anything positive to be said about shifting the public consciousness away from consumption of factory-farmed meat to “happy meat”—encouraged by Kristof—notwithstanding the fact that both are problematic. In other words, although influential people like Kristof are ultimately advocating an unethical practice, is that nevertheless a welcome change in some respects? Should the change be encouraged to some extent?

What’s Wrong with Happy Meat?

Spencer Lo

Suppose animals could be raised humanely, live considerably long lives, and then painlessly killed for food. Would eating such happy creatures be wrong? That question is suggested in a recent article by New York Times columnist Nicholas D. Kristof, who answered it in the negative. According to Kristof, as an alternative to consuming tortured animals raised in factory farms, which is problematic, it is possible to consume happy ones raised on efficient farms with “soul.” Some will even have names: like “Jill,” Sophie,” and “Hosta.” In the article, Kristof introduces us to his high school friend Bob Bansen, a farmer raising Jersey cows on “lovely green pastures” in Oregon. Bob’s 400+ cows are not only grass-fed and antibiotic-free, they are loved “like children” – every one of them named. “I want to work hard for them because they’ve taken good care of me… They’re living things, and you have to treat them right.” With great enthusiasm, Kristof concludes: “The next time you drink an Organic Valley glass of milk, it may have come from one of Bob’s cows. If so, you can bet it was a happy cow. And it has a name.”  

The Seagull or the Whale?

Seth Victor

Seagulls around Argentina have become too crafty for their own good. Exhibiting behavior straight out of a Hitchcock movie, the gulls have figured out that if they peck at the skin of breaching right whales, they can open wounds on the whales, and then feast every time the cetaceans surface. Apparently this started with a few gulls, but they have spread the word, and now the birds pose a serious threat to the whales’ livelihood, especially the calves. Citing the danger to the whales, the Argentine government is now permitting people to shoot the gulls, and recover their bodies before they are ingested, before the whales migrate to safer seas. Environmentalist are upset with the decision, claiming that is it not the fault of the birds, so much as it is the fault of the open landfills in the area that have attracted them in the first place. Clean up the trash, and the birds will naturally disperse. The issue is also an economic one, as whale watching makes up a significant part of tourism revenue.

Third World Congress on Bioethics & Animal Rights

David Cassuto

Via the Lewis & Clark website (I’m blushing here):

Animal Law Authors Honored at World Animal Rights Conference

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On August 22 – 25, 2012, The Abolitionist Institute for Animals (IAA), in partnership with the Federal University of Pernambuco and Federal University of Bahia will hold the Third World Congress on Bioethics and Animal Rights.

The Congress, which will take place in Recife, Brazil, will feature scholars and activists from all over the world.  In addition, there will be a special panel and ceremony recognizing Professors David Cassuto, David Favre, and Steven Wise. These scholars will be awarded the title of Lifetime Member of the Institute in honor of their important work in the struggle for animal rights.  Favre, Cassuto and Wise will join the select group of lifetime members of the IAA, including Edna Dias Cardoso, Marly Winkler, and the founders of the IAA, Heron Gordilho, Luciano Santana and Laerte Lavai.

Animals Can Be Victims, Too

Seth Victor

Rather than regurgitate Scott Heiser’s words, I encourage you to read ALDF’s post about State v. Nix, in which the Oregon appellate court held that individual horses count as separate victims, reversing a trial court holding that multiple abused horses merged into a single count of animal abuse. As the post mentions, this is a very exciting case, and will be very useful persuasive law for cases across the country.

Foie Gras, with Hollande-aise Sauce

Seth Victor

Recently French President François Hollande pledged to fight California’s ban on foie gras. How he plans to do this, I am not sure, and the president himself has admitted that he cannot fight the law directly. Fearing that California’s legislation will encourage other states and, perhaps closer to home for the new leader, other EU countries to implement similar laws, he vows to use free trade treaties to continue to export this traditional French product while “bombard[ing] US political leaders with gifts of foie gras ‘for their own great enjoyment.’” How kind of him.

Is a Pet-free World Morally Required?

Spencer Lo

Gary Francione argues that it is, even under the most ideal scenario. I find myself disagreeing with Francione on this one—or at least am very resistant to his conclusion. On his view, even if we could “guarantee” that animals under our care will have loving homes and lead great lives, domestication would still be morally problematic: that’s because they are entirely dependent on us, and producing creatures for companionship who are in effect like human children—and who will remain so until they die—is inherently wrong. [And note: in Francione’s hypothetical scenario, pets would no longer be property, and thus not mere things under the law.]

Further down in the article, Francione observes that his “abstract argument” would not likely resonate with people who find it acceptable to kill and eat

Is a pet-free world possible?

Seth Victor

Gary Francione rejecting the premise that animals can be property is not new; the good professor has been expressing his view for decades that the key to animal equality must be, in part, approached through our definitions of ownership. He recently posted  that pet ownership is unnatural, even if it were possible to create and enforce laws that gave pets legal status as persons. He goes on to say that even if there were only two dogs left in the world, and good homes could be assured to all of the offspring, pet ownership would still have no place, and he would work to end the institution.

Taking the Teeth out of Animal Fighting

Seth Victor

Oh, Magoo, you’ve done it again. And by Magoo, I of course mean New York, which as a state is doing a fine job staying on the forefront of advances in animal law. Recently the state assembly passed this nice new bit of legislation, which makes it a class B misdemeanor to possess, with the intent to use, animal fighting paraphernalia. That’s up to 90 days in jail upon conviction. Certain items such as breaking sticks and fighting pits are specified and defined, but there is also a catch-all provision for “any other instrument commonly used in the furtherance of pitting an animal against another animal.”

I like the idea of going after the materials used in animal fighting. It’s one of the more preventative measures I’ve seen. Prosecuting dog fights is all very important, but those animals are often far too damaged at that point. With this kind of approach, the fighting rings can be shut down before they happen. The mens rea will prevent wanton application of the law. Hopefully showing intent will not be too big of a hurdle for the courts. Then again, I’m not sure what else a “cat mill” could be used to do.

Meat Animals, Humane Standards Other Legal Fictions

… is the title of my forthcoming essay in Law, Culture & the Humanities (a special issue on Law & Food).  Get it here.

Here’s the abstract:

Law and food are distinct concepts, though the discipline (Law and Food) implies a relationship worthy of study.  The conjunction (“and”) creates meaning.  However, its absence also conveys meaning.  For example, “meat animal” suggests that animals can be both meat and animal.  This conflation has powerful legal

When the Wild Things Aren’t

Seth Victor

Here’s the situation. You have several domestic cats in a neighborhood from different houses. For one reason or another, a couple of these cats leave their homes and wander the neighborhood and breed, becoming more or less feral. This goes on for several generations. Does there come a point when these cats are no longer domestic animals, but should be considered wild?

I pose the question concerning cats because feral felines occupy a middle ground in our society’s ever complicated definitions when it comes to animals. Cats are cute and cuddly and are one of the primary “pet” animals; though probably just a juicy and tender, it’s faux pas to eat them, and even the dumbest cat is more lauded than the smartest pig. Cats are also noted for their more independent behavior. Ask a “dog person” why he likes his dog better, and you will inevitably hear some mention of loyalty and companionship that he doesn’t see in cats (though the “cat people” will vociferously disagree). But can that make cats more wild, and if so, what does that mean? When are animals wild, and can they cross or re-cross that line?

Youth Can’t Handle the Truth?

Seth Victor

I happened to watch CNN this afternoon at the deli where I had lunch. The featured story focused on what age is too young for a child to be vegan.

Recently there has been a stir surrounding “Vegan is Love” by author Ruby Roth. To quote the Amazon summary,”Roth illustrates how our daily choices ripple out locally and globally, conveying what we can do to protect animals, the environment, and people across the world. Roth explores the many opportunities we have to make ethical decisions: refusing products tested on or made from animals; avoiding sea parks, circuses, animal races, and zoos; choosing to buy organic food; and more.”

Such brashness.