The spay/neuter question came up in my animal law class the other night and I continue to ponder its many facets. Perhaps some more public wrestling is in order (I previously raised the issue here) .
If forced to make a general distinction between animal and environmental advocates on questions relating to animals, I would say that environmentalists tend to concern themselves more with species and ecosystemic integrity whereas animal advocates focus more on individual animals. If one accepts this distinction while also accepting that no animal volunteers or consents to be sterilized, then one finds oneself (or at least I do) in an ethical morass.
It seems to me that the rights perspective must acknowledge individual animals’ claims to bodily integrity. After all, rights adhere to the individual, not the collective. The fact that you have a right to vote does not mean I do, and vice versa. Causes of action arise when individual rights are trampled even when the rights of the majority remain intact.
Professor Francione maintains that since the institution of pet ownership is morally wrong, it is permissible to sterilize animals because failing to do so perpetuates the wrong of pet ownership. But I have to ask: regardless of the morality of pet ownership, do not those animals alive now have a claim to membership in the moral community? And if so, how then can their respective rights to bodily integrity be ignored?
One might respond that sacrificing individual rights for the greater good is sometimes necessary, and that may well be true. However, I remain unconvinced that those forfeiting their rights would agree that the greater good is being served. This is particularly true, for example, with feral cat colonies and the policy of trap/neuter/return (TNR). In the case of the cats, the overall goal is the eradication of the colony. That goal seems more attuned to human needs than those of the cats.
Let me state for the record that I recognize the necessity argument here. Companion animal overpopulation is a terrible problem and many animals suffer and die in shelters because of it. I am also all too aware that TNR is by far the most humane option available for feral cat management and that those who manage the colonies often go to heroic lengths to save these cats from otherwise grisly fates. Nevertheless, recognition of this reality need not preclude a full exploration of the ethics involved in the practice and I invite your thoughts as we continue this dialogue.
Filed under: animal ethics, animal rights, animal welfare | Tagged: animal advocacy, animal ethics, animal law, animal rights, animal welfare, environmental advocacy, ethics, feral cat management, feral cats, gary francione, moral community, neuter, pets, spay, spay-neuter ethics, TNR, trap neuter return |