Month: February 2005

Worst. Dunayer. Review. Ever.

So this web site may have seemed like it should have been called JoanDunayer.Net lately, but I’m still a long way from finished writing about Dunayer. On the other hand, Friends of Animals’ Lee Hall probably should have refrained from writing about Dunayer’s book Speciesism at all if he had nothing more to say than his horrible review, “Raising the Bar.”

Hall has a completely different — and stupid — take on Dunayer’s view of animals as person. Hall for some reason think that Dunayer’s book is somehow relevant to legal precedents which treat corporations as persons under certain circumstances.

Hall writes,

Consider this: Corporations according to our modern law, are legal persons. They are born, die, and have emergencies as well — often. When a conflict arises between the survival of a corporation and the survival of a sentient individual, should a corporation, which is essentially a collection of humans who get together in search of profits, automatically have the right to bolsters its own viability at the expense of a feeling, breathing individual’s life?

Without a continual stream of profit, a corporation might fail in its duty to shareholders, and be unable to sustain itself over time. A business may well claim its survival is at stake in a given transaction, for property owners’ interests are deemed, and will continue to be deemed, immense stakes. After all, wars are fought over them. If a company’s a person, money is personal survival and that trumps the very life of any animal who isn’t a legal person. An oil company’s profit will frequently prevail over entire communities of wolves, seals, birds, and others. With corporations now considered legal persons, every nonhuman animal is endangered.

Advocates for animal right will, at some point in the very near future, need to grapple directly with the new realities of corporate personhood as well as conflicts related to our rising population. Regarding the latter, as land is taken up for a burgeoning human community, nonhumans tend to be moved, killed, or otherwise controlled.

Joan Dunayer’s proposal would fashion a legal obstacle to this patterns, as freed nonhuman would be seen as owners of their eggs, milk, honey, pearls, nests, and hives. And they would have a claim to the natural habitats in which they live, so that emancipation from property status could be effectively enjoyed.

Okay, let me start by making a confession — in large measure I have no idea what the hell Hall is talking about. His review at times reads like Philip K. Dick’s Valis trilogy. But lets see what we can tease out.

If I’m not mistaken, In the last two paragraphs above, Hall is asserting that if Dunayer is correct than animals might have property interests not only in their natural products, such as eggs, but in their natural habitats. This would seem to follow from Dunayer’s views. I have a tree in my backyard that birds use to nest. If the birds are really persons, they would seem to have a much better property interest claim in the tree than I do.

A couple years ago, bees began nesting in an area near my home. We killed the bees because and destroyed their nest because we have children in the neighborhood who allergic. Was that self-defense or mass murder?

Hall’s claims about the limited personhood of corporations made no sense. First, treating corporations as persons is very old, going back to the 19th century in the case of the United States. Second, it is eminently sensible and obvious since a corporations is simply a device for human beings to carry out collective action and should have the same general sort of rights and obligations as a person.

For example, the New York Times is a corporation that happens to publish a newspaper? Should the New York Times have the same rights to free speech as individual persons do? Should the government be able to limit what the New York Times publishes because it is, after all, just a corporation rather than a real, flesh and blood person?

To us another example, Friends of Animals is incorporated. Should it have the same rights as a living person would have to organize protests and disseminate its animal rights views?

Of course it should. To not treat corporations and other collective instruments of human activity as persons would pretty much prevent any sort of collective or cooperative action by human beings.

Hall doesn’t seem to make any substantive claims about corporate personhood — lame ranting about “money is personal survival” is simply that.

Source:

Raising the Bar. Lee Hall, January 12, 2005.

Simon Cowell Joins PETA Anti-Fur Efforts

American Idol judge and celebrity Simon Cowell recently joined People for the Ethical Treatment of Animals’ anti-fur campaign.

Cowell is pictured in an advertisement holding a dog with the text,

If you wouldn’t wear your dog, please don’t wear any fur.

An unnamed PETA spokesperson told the BBC,

We’re thrilled to have Simon on board. This advert brings home the reality that . . . the fur trade means animals have been cruelly trapped or beaten to death.

Source:

Simon Cowell shows his soft side. BBC, January 11, 2005.

Steven Wise vs. Joan Dunayer

As I’ve mentioned previously, Joan Dunayer’s new book Speciesism is really striking a nerve among many animal rights activists and groups. Animal rights legal activist Steven Wise complained on AR-NEWS that Dunayer had distorted his arguments about which animals should receive legal status as people. Dunayer responded to Wise’s criticism by posting the text of her chapter that critiques Wise.

In the chapter, Dunayer complains about activists such as Wise who believe that animals who he believes are capable of accomplishing cognitive tasks comparable to what human beings are capable of should be granted legal rights. Dunayer complains that this itself is speciesist for a number of reasons including that it excludes such creatures as insects.

Dunayer begins generally making her case,

Another legal case challenging nonhumans’ property status is overdue. When rights advocates bring such a case, it should be based on nonhuman sentience, not human-like mental capacities. Most likely, however, the advocates will apply new-speciesist philosophy and argue that particular nonhumans (probably, members of a great-ape species) should be legal persons because they closely resemble humans in their cognition and behavior.

. . .

By ranking humans as a perfect 1.0 [on Steven Wise’s scale of autonomy] and all other animals lower, Wise also casts nonhumans as lesser: not of equal value, not entitled to equal consideration. As envisioned by him, “animal rights” doesn’t mean animal equality.

The specific case Dunayer takes Wise to task for is his refusal to accede to Dunayer’s claim that insects should have rights. Dunayer uses the example of honeybees,

As in Rattling the Cage, at a 2000 conference Wise dismissed the idea that insects might reason or ever should have legal rights. I told him I knew of much evidence that honeybees and other insects reason. He requested references. The evidence I supplied included the following.

When a honeybee colony requires a new hive site, scouts (all of whom are sisters) search for a cavity of suitable location, dryness, and size. Each scout evaluates potential sites and reports back, dancing to convey information about the site that she most recommends. A honeybee scout may advertise one site over a period of days, but she repeatedly inspects her choice. She also examines sites proposed by others. If a sister’s find proves more desirable than her own, the honeybee stops advocating her original choice and starts dancing in favor of the superior site. She’s capable of changing her mind and her “vote.” Eventually, colony members reach a consensus.

. . .

To his “amazement and horror,” Wise found such evidence compelling. He now credits honeybees with the ability to reason. He shouldn’t have been so surprised. Reasoning ability has survival value for insects as well as humans.

Nevertheless, according to Wise, honeybees don’t qualify for legal rights. Why not? They’re invertebrates. If they were vertebrates — like us — he’d give them an autonomy grade of 0.75 or 0.8, and they’d qualify for rights. Lacking the proper pedigree, they aren’t welcome in the exclusive club.

Dunayer goes on to make a clear distortion of Wise’s argument. She claims that Wise has a hierarchical view of species that entails believing that evolution is moving creatures toward more human-like characteristics,

Like other new-speciesists, Wise has a hierarchical view of species: human traits are the most advanced. . . .

. . .

The notion of higher and lower beings lacks scientific validity.

Saying that animals that are more like humans are more likely to deserve rights in our legal framework than animals that are more dissimilar, however, does not in any way presuppose that evolution is producing more human-like animals or that there is some sort of inherent hierarchy that exists beyond human categorization.

Dunayer could just as easily argue, using her logic, that all known systems of categorizing species are unscientific and worthless because evolution doesn’t care about whether animals are vertebrates or invertebrates or mammals or non-mammals — all evolution does is describe how certain organisms are likely to succeed while others are likely to fail and how that reproductive pressure shapes the genotype and phenotype of those organisms.

No, it doesn’t make sense to create a hierarchy that ranks the “evolutionary progress” of species, but it certainly makes sense to create a definition of intelligence and rank species based on how close they approximate that definition.

And, of course, since she’s thrown around the Nazi comparisons elsewhere in her book, it is only a matter of time before she invokes slavery and racism analogies,

Before African-American emancipation, a number of slaves sued for freedom on the grounds that they were white. Unable to prove whiteness, they had to demonstrate that they were so much like a white that they should be given “the benefit of the doubt.” . . .

. . .

Wise would subject nonhumans to the same sort of bigoted, degrading tests that enslaved humans had to “pass” in order to receive the freedom that always was rightfully there. Just as demonstrations of whiteness were based on deeply racist premises, Wise’s proposed demonstrations of humanness are based on deeply speciesist ones. Wise, you’ll remember, considers the ancestry of African gray parrots and, deeming it too remote from ours, counts it against them. In Wise’s scheme, nonhumans don’t get freedom unless their ancestry is sufficiently human (white) and members of their species have demonstrated a sufficient number of human (white) traits. They don’t get freedom unless members of their species have scored 0.7 or higher in humanness (whiteness).

. . .

With regard to legal rights, Singer has praised Wise for supposedly answering the question “Where should we draw the line?” The answer always has been far simpler than Singer, Wise, and other new-speciesist would have us believe. The line should be drawn between sentient beings and insentient things.

It would be interesting to see what, if any, living creatures that Dunayer believes do not have rights. Under her definition, presumably bacteria, viruses and other life forms don’t have rights, but sentience as she defines it would presumably include almost every complex animal.

Source:

Speciesism. Joan Dunayer, 2004.

California Activist Groups Form State Association

A number of animal rights groups in California have banded into a new statewide coalition, the California Animal Association, to “represent the interest of animals at the [California] state capitol.”

A press release sent out by the Association of Veterinarians for Animal Rights announcing the formation of the group said,

After more than a year of planning, CAA was formed to bring a stronger and more cohesive voice for animal protection to Sacramento. Many of the animal welfare and animal rights groups involved in CAA have individually or in small groups worked on legislation to strengthen animal protection laws or to defeat legislation that weakens protections for animals with California.

The members of the coalition include: American Anti-Vivisection Society, Animal Legislative Action Network, Animal Place, Animal Protection Institute, Association of Veterinarians for Animal Rights, California Animal Defense and Anti-Vivisection League, California Lobby for Animal Welfare, Doctors for Kindness to Animals, Farm Sanctuary, In Defense of Animals, Last Chance for Animals, Orange County People for Animals, People for the Ethical Treatment of Animals, The Paw Project, United Animal Nations, United Poultry Concerns and Viva! USA.

Source:

Animals gain strong and unprecedented voice in Sacramento. Teri Barnato, Association of Veterinarians for Animal Rights, Press Release, January 12, 2005.

Judge Throws Out SHARK Lawsuit

In January, an Ohio judge threw out a lawsuit by Showing Animals Respect and Kindness seeking permission to videotape sharpshooters the city of Solon planned to hire to shoot deer.

SHARK had requested permission from Solon to tape the deer cull. When that was denied, it filed a lawsuit. SHARK’s lawyer argued that since the deer shooting was being paid for by public monies, that the animal rights group had a First Amendment right to videotape the shooting of the deer.

Solon’s lawyers argued that SHARK had no standing to challenge the city in court, and Judge Nancy McDonnell agreed, throwing out the case.

Residents in Solon have complained that deer are damaging property and interfering with traffic, and the city has hired a firm to kill about 600 of the estimated 1,200 deer in the city.

Source:

Judge throws out suit to tape Solon deer kill. Michael O’Malley, Cleveland Plain Dealer, January 15, 2005.

Dunayer vs. Davis on Speciesism

Joan Dunayer was not impressed by Karen Davis review of her book, Speciesism and posted a lengthy critique of Davis’ review to animal rights mailing list AR-NEWS.

Dunayer elaborates on her anti-welfarism views,

Similarly, the managing editor of the conservative National Review opposes nonhuman rights but approves of PETA’s asking KFC (formerly Kentucky Fried Chicken) to implement less-cruel slaughter. “Why not ‘gas killing,’ as a gentler alternative to the other stuff?” he writes, calling such a change “just.” Killing innocent beings is far from just, wehther or not they’re gassed. These two men endorse “humane slaughter” campaigns because such campaigns aren’t rights-based. To the contrary, they’re based on violating nonhumans’ rihgt to life. Instead of seeking measures compatible with the attitude that it’s acceptable to kill nonhumans, advocates should consistently work to change that attitude. Without such change, slaughter will go on and on.

Dunayer also challenges Davis’ claim that, “There is absolutely no evidence to support Dunayer’s claim that working for ‘welfarist’ reforms retards liberation.” Dunayer vehemently disagrees,

This is false. In Speciesism I provide evidence such as the following:

1. Switzerland’s elimination of battery cages increased the Swiss egg industry’s profitability and its acceptability to consumers.

2. A 2000 Zogby poll indicated that most U.S. adults feel better about eating animal-derived food if they think the animals were treated “humanely.”

3. Vivisectors and other abusers continually point to “welfarist” laws such as the Animal Welfare Act and Humane Methods of Slaughter Act as evidence that nonhumans are treated “humanely.” These laws, which have failed to protect nonhumans from extreme suffering, give consumers false assurances.

4. As reported by the egg industry itself, “welfarist” campaigns against food-removal forced molting have resulted in the industry’s starting to switch to low-nutrition starvation that will be less offensive to consumers.

To a large extent, Dunayer is correct — the main successes the animal rights movement have had so far are simply animal welfarist improvements, and tend to reinforce animal use rather than lead to animal rights. On the other hand, Dunayer’s liberationist fantasies are also doomed, at least in the United States.

Source:

Corrections of Davis’s false and misleading statements in her Specieism review. Joan Dunayer, January 11, 2005.